Federal Judge Allows Sex-Stereotyping Claim to Proceed for Transgender Male Fired for Restroom-Related Tardiness

December 04, 2016

Refusing to dismiss the Title VII complaint of a fired transgender black male, a federal judge in Kentucky found sufficient the Employee’s allegations that he was harassed and treated differently than white, non-transgender employees because he was not permitted to use a restroom close to his work station, and then penalized and ultimately fired for returning late from breaks because of that distance.

The Employee also sufficiently alleged that his employer failed to address coworker harassment against him when it had addressed harassment by the same coworker against a white female employee. The Employee claimed his employer both permitted continued discrimination and harassment against him and subsequently fired him because he did not conform to the gender stereotype of what someone who was born female should look and act like.