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Loading...Trans Woman Illegally Fired Over Transitioning
A three member panel of the 11th Circuit Court of Appeals this week upheld a lower court ruling saying Georgia General Assembly legislative editor and trans woman Vandy Beth Glenn was unlawfully fired by her supervisor after telling him she planned to transition from male to female.
In a unanimous opinion the court panel concluded that Glenn’s firing amounted to sex-based discrimination. Given the definitive nature of the language in this ruling the case is being viewed as an important one for trans rights.
From the Lambda Legal press release:
Judge Rosemary Barkett writing for the unanimous three-judge panel, which included Judge William Pryor and Senior Judge Phyllis Kravitch, said, “An individual cannot be punished because of his or her perceived gender-nonconformity. Because these protections are afforded to everyone, they cannot be denied to a transgender individual. . . . A person is defined as transgender precisely because of the perception that his or her behavior transgresses gender stereotypes.”
The decision goes on to read: “We conclude that a government agent violates the Equal Protection Clause’s prohibition on sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity.”
“The court could not have been more clear: It is unfair and illegal to fire a transgender employees because their appearance or behavior transgress gender stereotypes,” said Greg Nevins, Supervising Senior Staff Attorney in Lambda Legal’s Southern Regional Office in Atlanta. “Employers should take note of this important ruling.”
“The law is on our side, but everyone shouldn’t need a lawyer to help them fight workplace discrimination. Congress must pass the Employment Nondiscrimination Act (ENDA) because we still need a federal law to tell employers unequivocally that discrimination against LGBT employees in the workplace is illegal. We are proud of Vandy Beth for standing up for her rights–her courage has helped clear the path for others,” added Nevins.
Glenn worked for two years as an editor and proofreader in the General Assembly’s Office of Legislative Counsel. During that time Glenn’s health care providers diagnosed her with Gender Identity Disorder and concluded that gender transition would be necessary for her well-being.
As such Glenn in 2007 informed her immediate supervisor Beth Yinger about her planned transition from male to female. Yinger passed on this information to the General Assembly’s Legislative Counsel, Sewell Brumby. After confirming that Glenn intend to transition, Brumby fired Glenn. Brumby would later concede in court papers that Glenn’s so-called “intended feminine appearance” contributed to the termination. Brumby even reportedly said during the trial that he found Glenn’s transition to be “unnatural” and that he thought Georgia legislators would think Glenn’s presence at the Capitol would be “immoral” and not appropriate for the setting.
Lambda Legal filed a lawsuit in July 2008 claiming that Glenn’s termination violated constitutional guarantees of Equal Protection because it treated her differently based on her not conforming to expected sex roles, and based on her recognized medical condition. The state argued that Glenn’s termination was lawful because being transgender is not a protected class. The District Court ruled in July 2010 that officials violated the Constitution and discriminated against Glenn in firing her for not conforming to a sex stereotype. The Court, using a lower standard of review, rejected the second Equal Protection claim that Glenn was discriminated against based on her medical condition.
The state appealed to the Eleventh Circuit and the argument was heard on December 1, 2011.
In light of the unanimous panel decision it is as yet unclear whether the state will press for a full Circuit Court hearing.
You can hear more about Vandy Beth Glenn’s story in the video below:
Related Reading:
Landmark Transgender Discrimination Law Signed in California
Read more: anti-lgbt discrimination, employment rights, Enda, gender identity, gender identity disorder, gid, lgbt rights, transgender rights
Image taken from Lambda Legal video under fair use, no infringement intended.
Disclaimer: The views expressed above are solely those of the author and may
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+ add your owncont'd from below:
Because society is not taught the natural realities of the atypical amongst the typical, we all get a distorted notion that only the higher visibility of the typical majority exist exclusively, and this is how the incorrect 'sex=gender' equation arises, by denying the existence of natural atypical combinations listed above.
Thus:
Müllerian derived sex, or Vaginal Sex, is NOT 'female sex' at all.
In order for Vaginal Sex to develop, the Penile (Wolffian Sex) half must be bypassed; otherwise one becomes intersex with a bit of both halves.
Vaginal Sex for FEMALES is true only for the typical, and not the atypical, who are MALES.
And:
Wolffian derived sex, or Penile Sex, is NOT 'male sex' at all.
In order for Penile Sex to develop, the Vaginal (Müllerian Sex) half must be inhibited; otherwise one becomes intersex with a bit of both halves.
Penile Sex for MALES is true only for the typical, and not the atypical, who are FEMALES.
http://www.aboutkidshealth.ca/En/HowTheBodyWorks/SexDevelopmentAnOverview/SexualDifferentiation/Pages/DuctDifferentiation.aspx
Newcaster: ... 'born a man'...
huh? nobody is born an 'adult' nor born 'male'!!!
Gender develops from in-utero all the way to well AFTER birth specifically in the brain till early infancy.
One can have a birth sex, but sex is NOT gendered 'female sex' nor gendered 'male sex'; sex is either Müllerian derived sex, or Wolffian derived sex, or a combination of derived sex from both Müllerian and Wolffian anatomical systems (which everyone has both of; and everyone gets their sex developed from, one half or the other half); Müllerian-Wolffian halves.
Those with Müllerian derived sex, or Vaginal Sex, typically have Female developed gender identity.
Those with Müllerian derived sex, or Vaginal Sex, atypically have Male developed gender identity.
Those with Wolffian derived sex, or Penile Sex, typically have Male developed gender identity.
Those with Wolffian derived sex, or Penile Sex, atypically have Female developed gender identity.
Because society is not taught the natural realities of the atypical amongst the typical, we all get a distorted notion that only the higher visibility of the typical majority exist exclusively, and this is how the incorrect 'sex=gender' equation arises, by denying the existence of natural atypical combinations listed above.
Thus:
Müllerian derived sex, or Vaginal Sex, is NOT 'female sex' at all.
In order for Vaginal Sex to develop, the Penile (Wolffian Sex) half must be bypassed; otherwise one beco
Jenn C, how does her intent to transition put her out of touch with reality or in any way make her dangerous to her employer, co-workers, or the general public?
This legal action took a great deal of courage, and for that I commend her. In the workplace, the work that people do should be the only guideline, not whether they are LGBT, straight, man or woman, black or white, short or tall, etc, etc.
Transgender's are the most misunderstood people. Good ruling. May she get the due respect she is entitled to.
Thanks for posting.
YAY! Another victory!
Thanks for posting.
Good for her!!
the guts it took to do this! she not only sued, but went fully public. i just pray (literally) that no one decides to hurt her for this. with so much hate being aimed at trans people these days, i am worried for her.
she is a heroine for sure. and i am so pleased that they did the right thing.
God bless her and all like her who have to fight for the right to just be treated properly.
Brian M
religion is not the problem - it is how some people use it. it is beyond me how some can try to use the example of Christ to justify things that hurt and degrade others. but there are those of us who fight against such things, and for people like Vandy, because we are trying to follow Christ's example. we are not all the same, honest.
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