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Fired Transgender Employee Could Sue for Employment Discrimination

Federal
State:

Key Point 8-21.2. Many state civil rights laws prohibit employers with a specified number of employees from discriminating in any employment decision on the basis of the sexual orientation of an employee or applicant for employment. Such laws generally exempt religious organizations.

A federal appeals court ruled that an employer could be sued for violating federal employment discrimination law for dismissing a transgender employee on the basis of its deeply-held religious beliefs. An adult male (the “plaintiff”) was born biologically male. While living and presenting as a man, he worked as a funeral director at a closely held for-profit corporation that operates three funeral homes in Michigan. The owner of the funeral homes has been a Christian for over 65 years and owns 95.4 percent of the company. He asserts “that God has called him to serve grieving people” and ...

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Posted:
  • March 1, 2019

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