Woman Who Was Fired After Undergoing Sex Change Wins Claim For Sex Discrimination In Glenn v. Brumby

December 15, 2011

A woman who underwent a sex change has recently won a transgender sex discrimination case. In Glenn v. Brumby, a federal appeals court in Atlanta reviewed whether a former editor in the Georgia General Assembly’s Office of Legislative counsel had a claim for sexual discrimination after she was fired following the announcement of her intent to transition from male to female and begin presenting as a female at work.

In Brumby, Vandiver Elizabeth Glenn was born a male, and was diagnosed with gender identity disorder. As part of the process of transitioning from male to female, she was required to live as a woman outside of the workplace prior to undergoing sex reassignment surgery. From the beginning, her supervisor made it clear that he was uncomfortable with the transition. When Glenn dressed as a woman on Halloween she was asked to leave the office. She then told a supervisor that she planned to change her name and begin presenting as a woman at work. Her supervisor then relayed this information to Brumby who subsequently fired Glenn, claiming that the gender transition was “inappropriate” and would be “disruptive.” Brumby also claimed that the transition would make some co-workers uncomfortable.

Whether a particular action constitutes sex discrimination varies on a case-by-case basis. If you believe you have been subject of sex discrimination at work, it is always advisable to speak to an experienced sex discrimination attorney to review your particular circumstance and determine your next steps.

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Amtrak Accused Of Gender Bias

February 7, 2011

The Equal Employment Opportunity Commission (EEOC) just filed a lawsuit against Amtrak stating that it has evidence that Amtrak pays males more than females for doing the same work.

The gender bias lawsuit was brought on behalf of a female human resources manager – Sheila Davidson - who had a “significantly heavier” workload than two male colleagues, but was paid the same. According to the lawsuit, after Davidson complained about not receiving higher pay, Amtrak retaliated against her, barring her from senior staff meetings. The lawsuit states that Amtrak “engaged in a continuous practice of suppressing the wages” of Ms. Davidson.

Federal law protects women and men from pay discrimination in two ways. First, sex discrimination laws provide that your gender cannot play a role in any decision your boss makes about your employment including hiring, firing, promotions, and pay. Also, the Equal Pay Act requires that men and women be given equal pay for equal work.

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