One woman’s successful lawsuit against the Library of Congress could spell more legal victories for transgender employees across the country.

Diane Schroer was offered a job as a terrorism research analyst by the Library of Congress in December 2004 -- but she was known as David Schroer at the time. Yet when the decorated Army veteran told her would-be boss that she was about to undergo sex-reassignment surgery, the offer was revoked. Schroer sued, claiming sex discrimination. The library countered that workers like her enjoyed no such legal protection.

But on September 19 a federal district court in Washington, D.C., sided with Schroer, ruling that she was indeed discriminated against on the basis of sex -- a violation of Title VII of the Civil Rights Act. It was the first time a transgender person had won a lawsuit on such grounds.

Predictably, the American Civil Liberties Union and Sharon McGowan of the ACLU’s LGBT Project, who represented Schroer, were immediately inundated by press requests for quotes. But there were dozens of calls from employment lawyers and hiring managers too, seeking advice on what the landmark decision meant for them. To McGowan, the answer was obvious.

“This ruling says it’s no longer acceptable to treat transgender workers like they’re some kind of disposable goods you can just throw away,” she says, adding that she expects to see fewer transgender employment discrimination cases as a result. The ruling will also affect cases already in the pipeline, says Cole Thaler, Lambda Legal’s transgender rights attorney. “Now judges will have this case to rely on in making their decisions,” he says.

In the past, courts had declined to extend Title VII protection to transgender employees, arguing that “sex” referred to biological men and women only, not those who changed or were changing their sex. But Judge James Robertson forcefully rebuked this reasoning in his opinion, saying that previous judges had “allowed their focus on the label ‘transsexual’ to blind them to the statutory language itself.” He invoked the example of religion, which is also protected under Title VII.

“Imagine that an employee is fired because she converts from Christianity to Judaism,” Robertson wrote. “Imagine too that her employer testified that he harbors no bias toward either Christians or Jews but only ‘converts.’ That would be a clear case of discrimination ‘because of religion.’ No court would take seriously the notion that ‘converts’ are not covered by the statute.”

Although attorneys for the Library of Congress offered expert testimony from a psychologist who said that “gender identity” was distinct from “sex” and therefore Schroer wasn’t entitled to legal protection -- the ACLU’s witness said that gender identity was a component of sex -- Robertson said such a distinction was irrelevant. After all, he asserted, “the Library was enthusiastic about hiring David Schroer -- until she disclosed her transsexuality.”

I hope for our US sisters, the worm is finally turning.

Nikki

Well Niki, It isn't over not by a long shot either. I just saw where Kieth Oberman is going where he shouldn't -----------Again . Meanwhile Dateline Memphis Tennessee, Trans person beaten to death by Police chief........... details to follow.......... Ellen S

Ellen it's not all bad.
In Silverton Oregon a TG was elected mayor.
TG Mayor

Ellen, please double check your story. It may be correct but what I'm coming up with is this gal was shot and killed . She had been planning to sue the Memphis Police Department for an incident when she was beaten in June of 2008 after being arrested for prostitution. The police officer who beat her were both fired. I can't find anything about the Police Chief doing the killing, her profession is just as likely the reason for her death.
Hugs,
Marsha


BTW Nikki, there is another thread about this titled "Progress" but thanks for the updated story.

With Obma in office things will deffently take a turn and not for the better. I may be wrong but from what I've sceen on C-Span and C-Span 2 when ever there ia a republican admendment they always get shot down in this adminstration, but a democrat in this stinulas bill wanted to plant trees by the Roadisland Zoo. This is supost to stemulat the econmy planting trees please. so back to what I was saying our Civial liberties are in Jepordy under Obama. but then again we really don't have any I'm glad that the case with the libary of congress was won however that only one out of how many. Like I said I may be wrong but I dont trust washington any futher than I can pick them up and throw them.