Federal Court Refuses to Dismiss Transgender Professor’s Sex Discrimination Lawsuit

U.S. District Judge Robin J. Cauthron denied a motion to dismiss a Title VII sex discrimination claim filed by the Justice Department on behalf of a transgender woman against Southeastern Oklahoma State University, alleging that she suffered discriminatory treatment and a denial of tenure after she announced her intent to transition.  %United States v. Southeastern Oklahoma State University%, 2015 U.S. Dist. LEXIS 89547 (W.D. Okla., July 10, 2015).

Dr. Rachel Tudor, the University … <Read More>


Federal Magistrate Refuses to Dismiss Gay Pilot’s Title VII Sex Discrimination Claim

U.S. Magistrate Judge Michael E. Hegarty refused to dismiss a claim by a gay airline pilot that his former employer discriminated against him in violation of Title VII of the Civil Rights Act of 1964 by misrepresenting the reason for his discharge, thus making him virtually “unemployable” in the industry.  Judge Hegarty’s May 11 ruling in Deneffe v. Skywest, Inc., 2015 U.S. Dist. LEXIS 62019, 2015 WL 2265373 (D. Colo.), appears to mark a further … <Read More>


EEOC Rules on Transgender Employee Restroom Rights

The Equal Employment Opportunity Commission (EEOC), the agency charged with enforcement of federal bans on sex discrimination in employment, has ruled that a transgender woman employed in a civilian position by the U.S. Department of the Army, is entitled to use restroom facilities consistent with her gender identity, despite the agency’s objection to providing such access before the individual has undergone sex-reassignment surgery.  Although the EEOC had previously ruled that refusal to employ somebody because … <Read More>


Magistrate Denies HIV-Positive Gay Discrimination Plaintiff’s Request to Sue Anonymously

U.S. Magistrate Judge Joseph C. Wilkinson, Jr., has denied a request by a gay HIV-positive man to have his identity shielded from public exposure in the discrimination lawsuit he has filed against his former employer in the federal district court in New Orleans, Louisiana.

According to Wilkinson’s September 5 ruling on a motion filed by the plaintiff simultaneously with his discrimination complaint, the plaintiff is claiming violations of Title VII of the Civil Rights Act … <Read More>


Is ENDA Necessary? Or Will Title VII of the Civil Rights Act of 1964 Take Care of LGBT Discrimination

One of the major legislative goals of the LGBT rights movement is to get Congress to pass the Employment Non-Discrimination Act (ENDA), a measure that has been pending in Congress in one form or another since 1996 (with predecessor “gay rights” bills having been introduced since the mid-1970s). ENDA would prohibit employment discrimination because of a person’s sexual orientation, gender identity or expression, but would prohibit only intentional discrimination, not employer practices that are neutral … <Read More>


Justice Department Finds ATF Discriminated Unlawfully in Transgender Discrimination Case

The Justice Department’s Complaint Adjudication Office (CAO) issued a decision on July 8 holding that the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) violated Title VII of the Civil Rights Act in 2011 when it denied a position as a contract Ballistics Forensic Technician to an applicant who was in the process of transitioning from male to female.  In its first such ruling, the CAO applied an earlier decision in the case by the … <Read More>


Pregnant Lesbian Will Get Jury Trial Against Catholic School

Senior U.S. District Judge Arthur Spiegel (Southern District of Ohio) ruled on January 30 that Christa Dias, who was fired as a computer technology coordinator from two schools of the Roman Catholic Archdiocese of Cincinnati after she told her principal at one of the schools that she was pregnant, is entitled to a jury trial of her pregnancy discrimination complaint under Title VII of the Civil Rights Act of 1964, but not of her breach … <Read More>