Federal Court Rules Transgender Discrimination Lawsuit Against Library of Congress Can Proceed

3/31/2006 – aclu.org

WASHINGTON, DC — Today a federal judge found that an employment discrimination lawsuit brought by the American Civil Liberties Union on behalf of a transgender veteran against the Library of Congress can go forward.

“I couldn’t understand how the country that I had risked my life for could believe that it was ok to rescind its job offer to me solely because I’m transgender,” said Diane Schroer, a 25-year veteran of the U.S. Army. “Today’s decision begins to restore my faith in our government.”

Finding that sex may not be “a cut-and-dried matter of chromosomes,” the court ruled that federal protections against sex discrimination may also protect transgender people who are discriminated against based on their gender identity. In rejecting the government’s argument that discrimination against transgender people is not sex discrimination, the court noted “the factual complexities that underlie human sexual identity.