The Utah Transit Authority did not violate federal law when it fired a pre-operative transsexual probationary employee out of concern about which restroom she would use, according to a federal court in Salt Lake City.
U.S. District Judge David Sam of the U.S. District Court for the District of Utah said transsexuals are not a protected class under Title VII of the Civil Rights Act of 1964; thus, the U.S. Supreme Court’s decision barring gender stereotyping in employment is not applicable to transsexuals.
The Utah Transit Authority did not violate federal law when it fired a pre-operative transsexual probationary employee out of concern about which restroom she would use, according to a federal court in Salt Lake City.
U.S. District Judge David Sam of the U.S. District Court for the District of Utah said transsexuals are not a protected class under Title VII of the Civil Rights Act of 1964; thus, the U.S. Supreme Court’s decision barring gender stereotyping in employment is not applicable to transsexuals.
The Utah Transit Authority did not violate federal law when it fired a pre-operative transsexual probationary employee out of concern about which restroom she would use, according to a federal court in Salt Lake City.
U.S. District Judge David Sam of the U.S. District Court for the District of Utah said transsexuals are not a protected class under Title VII of the Civil Rights Act of 1964; thus, the U.S. Supreme Court’s decision barring gender stereotyping in employment is not applicable to transsexuals.
Krystal Etsitty, born Michael Etsitty, describes herself as a pre-operative transsexual; that is, she takes female hormones and dresses as a female but still has male genitalia.
In October 2001, while still dressing as a male, Etsitty accepted employment as a bus operator for the UTA. She completed a six-week training course and began as a fill-in for regular operators who were on vacation or out sick, according to court documents.
When Etsitty told manager Betty Shirley that she was a transsexual and planned to dress more traditionally feminine at work, Shirley became concerned about which restroom Etsitty would be using. The issue was important because UTA operators use public restrooms along their routes when necessary, including those of businesses with which UTA has made prior arrangements.
Fearing potential UTA liability if Etsitty used a female restroom, Shirley contacted Bruce Cardon in human resources.
Shirley and Cardon arranged a meeting with Etsitty to determine her status with respect to the sex-change process. After Etsitty explained that she still had male genitalia, Shirley and Cardon told her they were concerned about potential liability from co-workers, customers and the general public if Etsitty used female restrooms while still a biological male.
UTA fired Etsitty due to the liability concerns, however, Shirley noted on the termination form that Etsitty would be eligible for rehire once she completed the surgery and no longer had male genitalia.
Details here from Andrews Publications via Findlaw.com.
Join the conversation!