Friday, September 18, 2015

Win One/Lose One

A couple of months ago I wrote about a federal court case in Virginia that we lost, this morning I am writing about a case that we won.
U.S. DISTRICT COURT RULES FIRED TRANSGENDER WOMAN CAN SUE FORMER EMPLOYER FOR SEX DISCRIMINATION
ACLU
September 16, 2015

NEW YORK—A U.S. district court judge ruled yesterday that a transgender woman fired because of her gender transition may sue her former employer for sex discrimination under federal law.

The U.S. District Court for the Eastern District of Arkansas denied H&H Electric’s motion for summary judgment in a lawsuit filed on behalf of Patricia Dawson, a transgender woman and licensed electrician in Arkansas, who was fired by the company after she transitioned from male to female. Dawson’s gender transition was part of her treatment for gender dysphoria.

Dawson’s claim asserts that H&H Electric violated Title VII of the Civil Rights Act of 1964 by firing her because of her sex and because she was perceived to fail to conform to sex stereotypes.
That is the problem with courts; some are conservative and takes a narrow view of the law while others see the broader view.  The Virginia federal court judge, Robert Doumar is a Reagan appointee.

I can see the Virginia case going all the way to the Supreme Court, the case is about bathrooms and how the U.S. Department of Education interprets Title IX.

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