Schroer v. Billington: What Does It Mean For Transgender Employees?
Filed by: Dr. Jillian T. Weiss
September 21, 2008 4:30 PM
http://www.bilerico.com/2008/09/schroer_v_billington_what_does_it_mean_f.phpThere was a wonderful post by Nan Hunter earlier on this court opinion from the United States Federal District Court for the District of Columbia. I'd like to raise the question of what this opinion means for transgender employees.
The Schroer opinion answers a number of interesting questions.
1. What types of reasons for discrimination constitute a "pretext" -- a cover-up -- when it comes to employer reasons for gender identity discrimination?
2. What types of reasons for gender identity discrimination are legitimate and which are illegitimate?
3. How do sex stereotypes become sex discrimination when applied to a transgender employee?
4. How does "sex" discrimination include gender identity discrimination?
It's also interesting to see how Judge Robertson's understanding of transgender people changed after hearing the trial testimony.
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