UTA stereotyping lawsuit dismissed
Transgender: A U.S. court says "biological gender" determines employees' rights

By Pamela Manson The Salt Lake Tribune


As a little boy, Michael Etsitty knew he was really a girl.

Now 42, Etsitty's legal name is Krystal. Etsitty refers to herself with feminine pronouns, takes female hormones, wears her hair long, uses makeup and is saving her money for a sex-change operation. And her driver license lists her as a woman.

But officials at Utah Transit Authority, where Etsitty worked briefly as a bus driver, considered her a man and fired her for using the women's restroom.

U.S. District Judge David Sam - referring to Etsitty as a "she" but noting she still has male genitalia - on Friday upheld the action, agreeing that she was not the victim of sexual stereotyping.

In dismissing Etsitty's lawsuit against UTA, U.S. District Judge David Sam said laws prohibiting sex discrimination apply to a person's biological sex.