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Transgender Protections Finding a Haven under Federal Law

Business Insurance

More courts are ruling transgender employees are protected under Title VII of the Civil Rights Act of 1964 and other federal laws, regardless of a jury verdict earlier this month in a U.S. Equal Employment Opportunity Commission case that held an employee’s transgender status was not a motivating factor in her discharge.

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Anthony B. Haller, a partner with Blank Rome LLP in Philadelphia, said, however, that testimony in the case included a former store manager’s assertion that a district manager had been seeking a pretext to fire Ms. Kerr.

“It’s reasonable to ask the question as to whether or not the jury was more predisposed to adopt the employer’s reasoning in the circumstance of this type of case, involving transgender discrimination, than perhaps some other form of discrimination,” he said.

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"Transgender Protections Finding a Haven under Federal Law," by Judy Greenwald was published in Business Insurance on May 29, 2018.