The Federal District Court for the District of Columbia issued a landmark ruling on Friday in the lawsuit by Diane Schroer against the Library of Congress. While there have been a number of rulings in favor of transgender plaintiffs under the federal sex discrimination statute, this is the first time a court has ruled that sex includes gender identity. Interestingly, I have a law review planned on this very subject for the Spring in Temple Political and Civil Rights Law Review
The Schroer opinion answers a number of interesting questions.
1. What types of reasons for discrimination constitute a "pretext" -- a cover-up -- when it comes to employer reasons for gender identity discrimination?
2. What types of reasons for discrimination are legitimate and which are illegitimate?
3. How do sex stereotypes become sex discrimination when applied to a transgender employee?
4. How does "sex" discrimination include gender identity discrimination?
It's also interesting to see how Judge Robertson's understanding of transgender people changed after hearing the trial testimony.
These answers and more can be found on my blog