Transsexual may have Title VII discrimination claim


Although a transexual plaintiff's allegations of sex stereotyping failed to state a claim under Title VII, an employer's motion to dismiss was denied because discrimination against a transsexual may nevertheless violate Title VII's proscription of discrimination "because of...sex," ruled a federal district court in the District of Columbia. (Schroer v Billington, DDC, 87 EPD ¶42,334)

The plaintiff, a male-to-female transsexual, applied for a position as a terrorism research analyst with the Congressional Research Service (CRS) as a man and dressed in traditionally masculine clothing for the job interview. The plaintiff was highly qualified for the position with extensive military and anti-terrorist experiences, including being appointed the director of a 120-person classified organization charged with tracking and targeting high-threat international terrorist organizations after the September 11, 2001 terrorist attacks. After retiring from the military, the plaintiff became a senior analyst and program manager at a private consulting firm where she worked with the National Guard on infrastructure security issues.