Library of Congress loses sex discrimination case
22nd September 2008
A former Army Special Forces commander passed over for a job as a terrorism analyst at the Library of Congress because he was in the process of becoming a she won a discrimination lawsuit on Friday.
U. S. District Judge James Robinson ruled that the Library of Congress discriminated against Diane Schroer of Alexandria, Va., by not giving her the job after the former David Schroer disclosed he would start becoming Diane before beginning the new job. Schroer sued in 2005 alleging sex discrimination under the Civil Rights Act.
“The evidence establishes that the Library was enthusiastic about hiring David Schroer — until she disclosed her transsexuality,” Robinson wrote in his decision. “The Library revoked the offer when it learned that a man named David intended to become, legally, culturally, and physically, a woman named Diane. This was discrimination ‘because of . . . sex.’ ”
Advocates called the ruling ground-breaking because a federal judge has now ruled that discriminating against someone for changing genders is sex discrimination under federal law.
“The court got it exactly right, sending a loud and clear message to employers everywhere: if you fire or refused to hire someone for transitioning, you are guilty of sex discrimination and may well find yourself liable,” said Sharon McGowan, a lawyer with the American Civil Liberties Union who helped with the case.
The Justice Department is reviewing the ruling, a spokesman said.
Source: Buffalo News