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Employment & Labor Law for Public Safety Agencies
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Homosexual & Transgender Employee Rights
Also see: Sexual Harassment
- Same Gender
Monthly Law Journal Article: Legal Rights of
Transsexual Public Safety Employees, 2007 (6) AELE Mo. L. J. 201.
A federal appeals court has ruled en banc that sexual orientation discrimination constitutes a form of discrimination “because of . . . sex,” in violation of Title VII of the Civil Rights Act. While the case involved an employee of a private company (a skydiving instructor allegedly terminated because of his sexual orientation), the reasoning would also apply to Title VII claims of public employers in that federal circuit. The court overturned Simonton v. Runyon, #99-6180, 232 F.3d 33 (2d Cir. 2000), and Dawson v. Bumble & Bumble, #03-7180, 398 F.3d 211 (2d Cir. 2005), to the extent they held otherwise. Zarda v. Altitude Express, Inc., #15-3775, 2018 U.S. App. Lexis 4608 (2d Cir.).
A federal appeals court has ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of sexual orientation. The case involved an openly lesbian part-time adjunct professor who claimed that she had been discriminated against on the basis of sexual orientation, having been blocked from full-time employment “without just cause.” The federal appeals court initially affirmed the dismissal of the lawsuit, holding that Title VII did not apply to claims of sexual orientation discrimination. On rehearing en banc, the court reversed, interpreting the Act’s prohibition on discrimination on the basis of sex as including sexual orientation; “the essence of the claim is that the plaintiff would not be suffering the adverse action had his or her sex” been different. The court noted “the backdrop of the Supreme Court’s decisions, not only in the field of employment discrimination, but also in the area of broader discrimination on the basis of sexual orientation,” including the decisions upholding a right to same-sex marriage. Hively v. Ivy Tech Community College of Indiana, #15-1720, 2017 U.S. App. Lexis 5839 (7th Cir. en banc).
A hospital security officer employee filed a federal civil rights lawsuit
against her employer, claiming that she was discriminated against because of her sexual orientation and “gender
non-conformity.” A federal appeals court ruled that discrimination based on
failure to conform to a gender stereotype was sex-based discrimination. In this
case, a gender non-conformity claim was not “just another way to claim
discrimination based on sexual orientation,” but instead constituted a
separate, distinct avenue for relief under Title VII. She argued that she was
targeted for termination for failing to carry herself in a “traditional
woman[ly] manner.” Although she is a gay woman, she did not broadcast her
sexuality. However, it was “evident” that she identified with the male gender,
because of how she presented herself—“(male uniform, low male haircut, shoes, etc.”).
On the sexual orientation claim, however, the court concluded that prior
binding precedent, Blum v. Gulf Oil Corp., #3536, 597 F.2d 936 (5th Cir. 1979),
foreclosed plaintiff's argument that she had stated a claim under Title VII by
alleging that she endured workplace discrimination because of her sexual
orientation. The Blum court ruled that discharge for homosexuality was not
prohibited by Title VII. This decision was rendered by the 5th Circuit before
the 11th Circuit was split off from it, and has never been overruled, thus
constituting binding prior precedent. Therefore, the court affirmed the portion
of the trial court’s order dismissing the plaintiff’s sexual orientation claim.
Evans v. Georgia Regional Hospital, #15-15234, 850
F.3d 1248 (11th Cir.).
The federal
Equal Employment Opportunity Commission has ruled by a 3-2 vote that
allegations of discrimination on the basis of sexual orientation necessarily
state a claim of discrimination on the basis of sex under existing law--specifically
Title VII of the Civil Rights Act of 1964. The case involved a sexual
orientation discrimination complaint asserted by an air traffic controller
against the U.S. Transportation Secretary. While sexual orientation is not
explicitly mentioned in Title VII, the commission found that sexual orientation
discrimination is sex discrimination because sexual orientation discrimination
“necessarily entails treating an employee less favorably because of the
employee’s sex” and “because it is associational discrimination on the basis of
sex.” Complainant v. Foxx, #2012-24738-FAA=03 (EEOC July 16, 2015).
The U.S. Supreme Court,
by a 5-4 vote, has ruled that there is a constitutional right to same-sex
marriage and that each state must also recognize such marriages legally entered
into in other states. Departments and agencies will now universally have to
recognize same-sex marriages, whether entered into in their state or in another
state as the same as opposite sex marriages for purposes of benefit,
retirement/pension, family leave, and similar purposes. Obergefell v. Hodges,
#14-656, 2015 U.S. Lexis 4250.
The male same-sex partner of a Missouri highway
patrolman killed in the line of duty challenged two state statutes. The first
provides benefits to the spouse of a state highway patrolman killed in the line
of duty, while the second statutes provides that the word spouse in the first
statute only refers to a marriage between a man and a woman. The plaintiff was
denied survivor benefits and argued that he was denied his equal protection
rights under the state Constitution on the basis of his sexual orientation.
Rejecting this claim, the Missouri Supreme Court held that the plaintiff was
not entitled to survivor benefits because he was not married to the decedent, and
that would be the case even if they had been a heterosexual couple but
unmarried. The statute concerning benefits discriminated solely on the basis of
marital status, not sexual orientation. The plaintiff did not have standing to
challenge the ban on benefits for same-sex married couples as he was not a
member of that class of persons. Glossip v. Mo. Dep't of Transp. & Highway Patrol
Employees' Ret. Sys., #SC92583, 2013 Mo. Lexis 294.
A former Colorado State Trooper Captain has been
awarded $768,000 in front pay damages because he was denied reemployment after
a polygraph question compelled him to reveal that he was gay. The hearing
officer at a state personnel board determined that the polygraph was used to
reveal the plaintiff's homosexuality and deny him employment. The hearing
officer ordered the employer to "immediately designate a command-level
point-of-contact for gay Patrol members." The requirement of a polygraph
exam and full background check when the plaintiff applied for rehiring was a
departure from prior policy. Williams v. Dept. of Public Safety, Colorado State
Patrol, #2011G026, State Personnel Board, State of Colorado (July 16, 2013).
The U.S. Dept. of Defense has extended all
marital benefits for employees to lawfully married same-sex spouses. Secretary
of Defense Memorandum of 8/13/2013.
The U.S. Supreme Court, in a 5-4 decision, held
that Sec. 3 of the federal Defense of Marriage Act (DOMA), that had the effect
of barring the extension of federal benefits to same-sex couples who are
legally married under state law by defining marriage and spouse as excluding
same sex partners, was unconstitutional as a violation of equal protection
under the Fifth Amendment. While this did not rule on whether there is a
federal constitutional right to same sex marriage, it does mean that in
instances where a state recognizes same sex marriages, those marriages must be
treated the same as any other marriages for purposes of federal law. U.S. v.
Windsor, #12-307, 2013 U.S. Lexis 4921. In another case decided the same
day regarding a federal trial court decision that struck down a California
state initiative Proposition 8, that put a halt to same sex marriage in
California, the Court held by 5-4, that private parties had no standing to
defend the constitutionality of Proposition 8 when state officials declined to
do so. This had the effect of restoring same sex marriage in California. As a
result of this and laws about to become effective in a number of states, same
sex marriages will now be legally recognized in 13 states and the District of
Columbia. Hollingsworth v. Perry, #12-144, 2013 U.S. Lexis 4919.
Federal benefits coverage has been extended to a
legally married same-sex spouse of a federal employee or annuitant, regardless
of the employee’s or annuitant’s state of residency. OPM Benefits
Administration Letter #13-203 (Jul. 13, 3013).
A settlement has been reached between the federal
government and a class of homosexual members of the armed forces who were
discharged under the "Don't Ask, Don't Tell" policy, receiving only
one-half normal separation pay. The government has agreed to give members of
the class the other half of the separation pay that they would have otherwise
been entitled to. Collins v. U.S. #1:10-cv-00778, (2013 Ct. Claims).
A federal appeals court ruled that the Defense of
Marriage Act (DOMA), 1 U.S.C. § 7 and 28 U.S.C. § 1738C, which denies federal
economic and other benefits to same-sex couples lawfully married under state
law violates equal protection of law under the Fourteenth Amendment. The
appeals court agreed to continue a stay of an injunctive order against
enforcement of the law issued by the trial court, pending possible review by
the U.S. Supreme Court. Massachusetts v. U.S. Department of Health and Human
Services, #10-2204, 2012 U.S. App. Lexis 10950 (1st Cir.).
A transgender woman who was working as a police
detective in Arizona decided to move to San Francisco for family reasons, and
therefore applied for an open job there with the federal Bureau of Alcohol,
Tobacco, Firearms and Explosives. The job was one at a crime lab which the
applicant was qualified for. At the time, the applicant was still known as a
male, and had not made the transition to being female. At one point, the
applicant was told that they could have the job pending a background check. The
applicant claimed that a later notification that the job was no longer
available was motivated by the employer being informed of the planned male to
female change. "Intentional discrimination against a transgender
individual because that person is transgender is, by definition, discrimination
'based on . . . sex,' and such discrimination therefore violates Title
VII." Macy v. Holder, #0120120821; #ATF-2011-00751, 2012 EEOPUB Lexis 1181.
A federal court has ruled that the Defense
of Marriage Act (DOMA) is an unconstitutional violation of the equal protection
rights of a federal employee legally married to another person of the same sex.
The statute bars the recognition of same sex marriages for purposes of granting
federal benefits, and was used to prevent the employee from enrolling her wife
in the health benefits program available to opposite sex spouses of employees
of the federal judiciary. Golinski v. U.S. Office of Personnel Management,
#10-00257, 2012 U.S. Dist. Lexis 22071 (N.D. Cal.).
An applicant for a state job was dressed as a
male when hired, and was born male, but after a time on the job, came dressed
as a woman. The employee was subsequently fired after the department head
expressed discomfort concerning this. The fired employee filed a federal civil
rights lawsuit under 42 U.S.C. Sec. 1983, contending that termination from
public employment on the basis of gender non-conformity is sex discrimination
in violation of the Fourteenth Amendment's equal protection clause. A federal
appeals court agreed, stating that a government agent violates the Equal
Protection Clause's prohibition of sex-based discrimination when he or she
fires a transgender or transsexual employee because of his or her gender
non-conformity." The court rejected the argument that the termination was
justified by the possibility that female employees would complain or sue
concerning the employee's restroom use, in light of the fact that the department's
restrooms were single-occupancy. Glenn v. Brumby, #10-14833, 2011 U.S. App.
Lexis 24137 (11th Cir.).
The State of Arizona, in 2008, extended
health insurance benefits to both same-sex and opposite-sex domestic partners
of state employees. Later that same year, voters in the state approved an
amendment to the state constitution that defined marriage as only including
relationships between a man and a woman, and then in 2009, the governor signed
into law legislation removing health insurance coverage for domestic partners.
A federal appeals court ruled that doing so violates equal protection of the
law. Saving funds in this manner depends "upon distinguishing between
homosexual and heterosexual employees, similarly situated, and such a
distinction cannot survive rational basis review." Diaz v. Brewer,
#10-16797, 2011 U.S. App. Lexis 18467 (9th)
Federal court in Riverside, CA, overturns the
"Don't Ask, Don't Tell" law pertaining to gays in the military. The
government failed to show the discriminatory policy significantly furthered
military readiness and unit cohesion. Log Cabin Republicans v. United States,
#2:04-cv-08425, 2010 U.S. Dist. Lexis 93612 (C.D. Cal.).
OPM directs federal agencies to allow unpaid
leave for employees who accompany an elderly relative of their same-sex
domestic partner, to routine medical or dental appointments or other
professional services. LWOP Family Support Memorandum (10 Sep. 2010).
California appellate panel concludes that a
petition for change of gender on a person’s California birth certificate under
Health and Safety Code sec. 103425 impermissibly denies transgendered
individuals who currently live in another state the same right to a revised
California birth certificate that is available to California-born transgender
individuals who still live in California. Somers v. Superior Court of San
Francisco, #A123445, 172 Cal.App.4th 1407, 2009 Cal. App. Lexis 534 (1st
Dist.).
Appellate court sustains the dismissal of a
discrimination action filed by a lesbian public employee who complained she was
unfairly terminated for absenteeism. She failed to document incidents where
heterosexuals were treated less harshly, and only worked 1,109 hours out of a
possible 2,080 hours in a 12-month period. Powell v. City of Chicago Human
Rights Cmsn., #1-08-0752, 2009 Ill. App. Lexis 137, 105 FEP Cases (BNA) 1577
(1st Dist.).
Male employee who wore
long hair, makeup, and nail polish in violation of the employer’s dress code
and grooming policy did not establish a prima facie a claim that employer
terminated him for failing to meet masculine stereotypes. The employer applied
its dress code and grooming policy uniformly to all employees and there was no
proof of intentional discrimination. Creed v. Family Express, #3:06-CV-465,
2007 WL 2265630, 2009 U.S. Dist. Lexis 237, Pacer Doc. 19 (N.D. Ind.).
In a third interim ruling, a federal court finds
that the Congressional Research Service unlawfully denied a position as a
terrorist analyst to an applicant who was undergoing gender reassignment
surgery. The government revoked its job offer when management learned that a
man named David intended to become a woman named Diane. The suit was launched
by the ACLU. Schroer v. Billington, #1:05-cv-01090, Pacer Doc. 70, 2008 U.S. Dist.
Lexis 71358 (D.D.C. 2008); prior decisions at 525 F.Supp.2d 58 and 424
F.Supp.2d 203.
Appellate court reinstates a dismissed sexual
orientation bias lawsuit. While a supervisor who called the plaintiff a
"stupid fag" did not have authority to terminate him, she provided to
the actual decisionmaker all of the information upon which his termination was
based. Her bias against homosexuals may have affected her decision to report
the plaintiff in the first place. Kwiatkowski v. Merrill Lynch, #A-2270-06T1,
104 FEP Cases (BNA) 279 (N.J. App. Div. 2008).
"Outing" a gay or lesbian coworker can
violate an employer's sexual harassment policy and be grounds for disciplinary
action. Bell v. Adelberg Assocs. Med. Group, #C053673, 2008 Cal. App. Unpub.
Lexis 1930 (3rd Dist).
Preop-transsexual public employees with male
genitalia must use the men's toilet facilities; "this court cannot
conclude it requires employers to allow biological males to use women's
restrooms." Etsitty v. Utah Transit Auth., #05-4193, 502 F.3d 1215 (10th
Cir. 2007).
Transsexual applicant, who was rejected for
position as terrorism research analyst with the Library of Congress, stated a
Title VII claim of sex discrimination based on gender stereotyping about her
appearance and behavior. Schroer v. Billington, #05-1090, 2007 WL 4225667, 2007
U.S. Dist. Lexis 89885, 102 FEP Cases (BNA) 296 (D.D.C.); prior opin. at 424
F.Supp.2d 203 (2006).
New York State Div. of Human Rights awards
$850,000 in compensatory damages for the harassment of a lesbian corrections
officer. The agency found that she was subjected to a "daily, relentless
regimen of humiliating insults" placing her in an "extremely serious
and dangerous situation" by disclosing her sexual orientation to inmates.
Humig v. New York State Dept. of Corr. Servs., #7905228 (N.Y. Div. of Hum.
Rts.10/11/07).
Federal court refuses to dismiss a sex
discrimination action brought by a terminated transgender employee stated claim
of based on gender stereotyping, where she alleged that management punished her
for not conforming to gender stereotypes. Creed v. Family Express Corp., 2007
WL 2265630, 2007 U.S. Dist. Lexis 57680, 101 FEP Cases (BNA) 609 (N.D. Ind.).
Massachusetts appellate court affirms a $623,600
damages award to a homosexual corrections officer who claimed that he was
discriminated against and forced out of his job because of his sexual
orientation. The court also should be awarded interest on his backpay and
emotional distress damages. Salvi v. Suffolk Co. Sheriff's Dept., #05-P-1047,
67 Mass. App. Ct. 596,855 N.E.2d 777, 2006 Mass. App. Lexis 1073 (2006). {N/R}
Federal appeals court rejects a suit by a prison
chaplain who was disciplined after refusing to allow a gay inmate to lead the
choir during a Protestant service. Akridge v. Wilkinson, #05-3015, 2006 U.S.
App. Lexis 10671 (6th Cir. 2006), affirming 351 F.Supp.2d 750. [2006 FP Jul]
Federal court refuses to dismiss a suit filed by
a job applicant for a terrorism analyst position who was rejected because he
was planning gender reassignment surgery. Schroer v. Billington, #05-1090, 2006
U.S. Dist. Lexis 14278 (D.D.C. 2006). [2006 FP Jun]
Transsexual police officer, who won a jury
verdict on her sex discrimination claim, recovers a supplemental award of
attorneys' fees of $90,344 plus expenses of $2,540 for successfully defending
the appeal before Sixth Circuit and U.S. Supreme Court. A lodestar multiplier
of 1.75 that was applied to the trial-related legal fees should not apply to
the appellate work. Barnes v. City of Cincinnati, #1:00-cv-780, 2006 U.S. Dist.
Lexis 8826, 97 FEP Cases (BNA) 1168 (S.D. Ohio 2006). {N/R}
Cincinnati, Ohio, city council adds "sexual
orientation or transgendered status" to the ordinance that prohibits
employment discrimination on the basis of race, gender, age, color, religion,
disability, marital status, or ethnic, national, or Appalachian regional
origin. In 2004, voters repealed an amendment to the city charter that
prohibited protected status to persons "because of homosexual, lesbian, or
bisexual orientation." 2006 Amendment to Munic. Code §914-1-D1, 44 (2149)
G.E.R.R. (BNA) 312. {N/R}
Virginia Attorney General declares that the
Governor's Executive Order banning sexual orientation discrimination violates
the state's constitution as an executive encroachment on legislative power.
Virginia Attorney General Opinion #05-094 (2006). {N/R}
The Supreme Court declined to review the $320,000
damage award given to a transsexual police officer in Cincinnati. She also
recovered $550,000 in legal fees. Cincinnati v. Barnes, #05-292, cert. denied,
2005 U.S. Lexis 8238, 74 U.S.L.W. 3288 (U.S. 11/7/2005). {N/R}
In a Nov. 2005 election in Maine, over 55% of
voters rejected a referendum to overturn a new state law prohibiting
discrimination because of sexual orientation in public and private sector
employment, housing, education, public accommodation, and credit. {N/R}
California Supreme Court, in a 6-0 decision,
holds that organizations that extend discounts, special services or other
privileges to California married couples must extend the same rights and
benefits to same-gender couples registered under the state's domestic partner
law. Koebke v. Bernardo Heights C.C., #S124179, 36 Cal.4th 824, 31 Cal.Rptr.3d
565, 2005 Cal. Lexis 8359 (Cal. 2005). {N/R}
Transgendered Border Patrol employee fails to
prove that poor evaluations and suspensions were due to gender bias. Sturchio
v. Ridge, #03-cv-0025, 2004 U.S. Dist. Lexis 27345 (E.D. Wash. 2004). [2005 FP
Oct]
Federal court in Utah rejects a suit by a pre-op
transsexual public employee who was terminated because of a lack of available
unisex toilets. Etsitty v. Utah Transit Auth., #2:04CV616, 2005 WL 1505610,
2005 U.S. Dist. Lexis 12634 (D. Utah 2005). [2005 FP Sep]
Federal appeals court upholds discrimination
verdict given an officer who had a sex change. He failed his probation period
as a new sergeant because of gender stereotyping by his superiors. Barnes v.
City of Cincinnati, #03-4110, 401 F.3d 729, 2005 U.S. App. Lexis 4607, 2005 FED
App. 0142P (6th Cir. 2005). [2005 FP Jun]
Illinois becomes the 15th state to extend civil
rights protection for gay and lesbian citizens. Senate Bill 3186, amending the
Illinois Human Rights Act, 775 ILCS (Jan. 21, 2005). Chicago has long included
sexual orientation as a protected status. The statute only prohibits
discrimination, and does not mandate rights for domestic partners. Ten states
provide domestic partner benefits for their state employees. {N/R}
Sixth Circuit resurrects the discrimination and
retaliation claims of a pre-op transsexual fire lieutenant, who suffered
insults and disciplinary action, and who was to take at least three
psychological fitness exams with the hope that he would resign. Smith v. City
of Salem, #03-3399, 2004 U.S. App. Lexis 10611, 2004 FED App. 0160P (6th Cir.
2004). [2004 FP Aug]
Lawyers for a transsexual police officer that won
a suit for sex discrimination and retaliation are awarded $553,726 in fees and
costs by a federal judge who rejected the city's arguments that a 1.75
multiplier, to recognize the "novelty and difficulty" of the case,
was excessive. Last year the plaintiff was awarded $320,511 in damages. An
appeals bond in the amount of $873,726 will be required, and the court declined
to stay its injunction. Barnes v. Cincinnati, #C-1-00-780, 42 (2050) G.E.R.R.
(BNA) 257 (S.D. Ohio 2004). {N/R}
Federal court awards $193,551 in attorney's fees
in a civil rights action brought by transvestites who were refused the use of
gender-denominated toilets of their choice. McGrath v. Toys "R" Us,
#CV-01-3071, 2002 U.S. Dist. Lexis 22610 (E.D.N.Y. 2002); modif. 356 F.3d 246,
2004 U.S. App. Lexis 1129 (2d Cir. 2004). {N/R}
Michigan's governor has issued an order banning
discrimination against homosexuals in state employment; it is the 10th state to
take such action. Additionally, Michigan is the only state to protect
overweight workers. Executive Directive No. 2003-24. {N/R}
Third Circuit affirms a jury award of $1.2
million to an ex-lieutenant for retaliation and due process violations, after
complaining of sexual orientation harassment. Bianchi v. City of Philadelphia,
#02-2687, 2003 U.S. App. Lexis 22726 (3d Cir. unpub. 2003). [2004 FP Feb]
California discrimination laws now include
transgendered persons. Only three other states (MN, RI and NM) have enacted
laws that prohibit discrimination on the basis of gender identity and
expression. At the local level, 59 cities and counties have enacted non-discrimination
ordinances that protect transgendered people. A recent study disclosed that a
large number of transgendered people have low-income jobs and often lack health
insurance. A.B. 196, amending the Calif. Fair Employment and Housing Act. {N/R}
The 9th U.S. Circuit Court of Appeals reinstates
a lawsuit by a former Air Force physician who was required to reimburse his
medical school expenses after revealing he is homosexual. Hensala v. Dept. of
the Air Force, #01-16791, 2003 U.S. App. Lexis 18938 (9th Cir. 2003). {N/R}
The Governor of Arizona has issued a directive,
which prohibits discrimination in employment "solely on the basis of an
individual's sexual orientation." The order also provides that
disciplinary action, including termination, can be taken against state
employees who engage in sexual or other harassment based on sexual orientation.
Executive Order 2003-22 (6/21/2003). {N/R}
The Governor of Kentucky (Paul Patton, Dem.) has
issued Executive Order 2003-533 prohibiting employment discrimination on the
basis of sexual orientation or gender identity; it covers 36,000 cabinet
department employees and applicants (May 29, 2003). Kentucky is supposedly the
only state to also include gender identity discrimination by executive order.
{N/R}
Federal court in Ohio gives a police officer
$320,511 in damages for discrimination after he changed his gender to female.
Barnes v. Cincinnati, #C-1-00-780, 41 (2001) G.E.R.R. (BNA) 294 (S.D. Ohio
2003). [2003 FP Jun]
Federal appeals court upholds conviction of a
Naval petty officer for soliciting homosexual acts with other seamen. Turner v.
Dept. of Navy, et al., #02-5067, 2003 U.S. App. Lexis 7082 (D.C. Cir. 2003).
{N/R}
Noting that gender dysphoric persons who have
completed sexual reassignment surgery are "an under-represented
group" in policing, the London Metropolitan Police have recruited their
first transsexual officer. The 39-year-old male officer, who was born a female,
will not be allowed to conduct searches because of a fear of lawsuits. Source:
Evening Standard (UK) 02/18/2003. {N/R}
New York has become the 13th state to prohibit
anti-gay bias. The Sexual Orientation Non-Discrimination Act took effect in
Jan. 2003. A-01971 and S-720, amending Executive Law §§291-6, Civ. Rts. Law
§40, and Educ. Law §313 (Eff. 1/17/2003). {N/R}
Washington appeals court allows a lesbian hospital
worker to sue for a biased discharge under §1983 and the Equal Protection
Clause. Miguel v. Guess, #20699-8-III, 112 Wn.App. 536, 51 P.3d 89, 2002 Wash.
App. Lexis 1706, 89 FEP Cases (BNA) 990 (Wash.App. 2002). [2002 FP Dec]
California appellate court affirms a $500,000
jury verdict to a fired gay police recruit. Hoey-Custock v. City of Oakland,
#A094881, 2002 Cal. App. Unpub. Lexis 7692, 40 (1975) G.E.R.R. (BNA) 894
(Unpub. Cal. App. 2002). [2002 FP Nov]
Federal court declines to dismiss a suit by a
lesbian schoolteacher for a hostile work environment caused by students. Lovell
v. Comsewogue Sch. Dist., #01CV7750, 214 F.Supp.2d 319, 89 FEP Cases (BNA)
1189, 2002 U.S. Dist. Lexis 15002 (E.D.N.Y. 2002). {N/R}
Michigan Supreme Court holds that a lesbian
police lieutenant could not use a city charter's anti-discrimination clause to
bring a damage suit for sexual orientation discrimination. She could sue for
gender-based harassment, however. Mack v. City of Detroit, #118468, 620 N.W.2d
670, 243 Mich. App. 132, 2002 Mich. Lexis 1422 (7/31/02). [2002 Oct. FP]
Woman schoolteacher loses her suit to prevent a
male transvestite teacher from using the women's toilets. Minnesota state law
"neither requires nor prohibits restroom designation according to
self-image" and her federal claim fails because she did not suffer a
significant adverse employment action, i.e., a hostile work environment. Cruzan
v. Special School District # 1, #01-3417, 294 F.3d 981, 2002 U.S. App. Lexis
12161 (8th Cir.). {N/R}
Minnesota's Supreme Court reverses a
ruling that an employer must allow a transvestite to use the restrooms of his
or her choice. Restricting access to restrooms by biological gender is not
sexual orientation discrimination. Goins v. West Group, #CX-00-706, 635 N.W.2d
717, 2001 Minn. Lexis 789 (2001). [2002 FP Mar]
California judge sets aside a $945,000 awarded to
a lesbian police officer who claimed discriminatory discipline and termination.
Dawn Goodman v. City of San Jose, Santa Clara Co. Super. Ct. (11-9-2001). [2002
FP Feb]
In a wrongful termination action, six isolated
incidents in which homophobic statements or gestures were made in presence of a
gay male employee over two-year period did not create a hostile work
environment. Lane v. Collins #00 Civ. 3241, 2001 U.S. Dist. Lexis 17757
(S.D.N.Y.). {N/R}
Denver ordinance prohibits public employment
discrimination against transgendered individuals. Ordinance CB0898-01, 39
(1935) G.E.R.R. (BNA) 1206 (Adopted Nov. 5, 2001). {N/R}
New Jersey appellate court upholds employment
discrimination lawsuit filed by a discharged transsexual. Enriquez v. West
Jersey Health Systems, #A-2017-99T5, 777 A.2d 365, 2001 N.J. Super. Lexis 283,
86 FEP Cases (BNA) 197. [2001 FP 169]
Federal appeals court rejects gay harassment
lawsuit; coworkers mistreated him because he was a homosexual, not because of
his gender. Rene v. MGM Grand Hotel, 98-16924, 243 F.3d 1206, 2001 U.S. App.
Lexis 5201 (9th Cir.). [2001 FP 56-7]
Lesbian police lieutenant could bring a damage
action against the city for violation of a city charter provision that
prohibited sexual orientation discrimination. Mack v. Detroit, #214448, 620
N.W.2d 670, 243 Mich.App. 132, 2000 Mich. App. Lexis 233. [2001 FP 25]
Ordinances that exempt religious institutions
from employment discrimination remedies arising from sexual orientation or
gender identity are valid and neutral laws of general applicability. Hyman v.
City of Louisville, 85 FEP Cases (BNA) 632 (Unpub. W.D. Ky. 2001). {N/R}
An employer's intentional exclusion of
homosexuals from employment does not violate Title VII unless it constitutes
discrimination on basis of religion, because homosexuals are not a
federally-protected class. Pedreira v. Kentucky Baptist Homes, #3:00CV-210-S,
2001 U.S. Dist. Lexis 10283, 86 FEP Cases (BNA) 417 (W.D.Ky. 2001). {N/R}
Articles on transgendered persons: “Transforming
the Debate: Why We Need to Include Transgender Rights in the Struggles for Sex
and Sexual Orientation Equality,” 101 Colum. L. Rev. 392 (2001); “Defining Male
and Female: Intersexuality and the Collision between Law and Biology,” 41 Ariz.
L. Rev. 266 (1999); “Defending Genders: Sex and Gender Non-Conformity in the
Civil Rights Strategies of Sexual Minorities,” 48 Hastings L.J. 1363, 1363-68
(1997); and “Treatment of Gender Dysphoria,” 90 Tex. Med. 68-72 (1994). {N/R}
A lesbian police officer settles her harassment
claim with the NYPD. The court criticized the NYPD's EEO unit for doing little
to investigate the claims beyond interviewing the plaintiff and the coworkers
she had accused of harassment. Bryant v. City of N.Y. (Unreported, S.D.N.Y. 2000).
{N/R}
Gay male police officer awarded $380,000 for
enduring nine years of harassing conduct by his fellow officers. Public
employees who are harassed because of their sexual orientation can sue under 42
U.S. Code Sec. 1983 for violation of their equal protection rights. Quinn v.
Nassau Co. Police Dept., #97-CV-3310, 1999 U.S. Dist. Lexis 9902, 53 F.Supp.2d
347, 80 FEP Cases (BNA) 286 (E.D.N.Y.). Verdict rptd. at 37 (1820) G.E.R.R.
(BNA) 851. [1999 FP 131]
Supreme Court rejects challenge to Cincinnati's
anti gay rights law. Equality Fnd. v. Cincinnati, 1998 U.S. App. Lexis 1765, 75
FEP Cases (BNA) 1763 (6th Cir.); cert. den., 118 S.Ct. 365. Also see 128 F.3d
289 and 54 F.3d 261. [1999 FP 9-10]
European Court of Human Rights overturns involuntary
separations of two members of the British armed forces, because of their sexual
orientation. Lustig-Prean v. Beckett; Smith v. Grady, Vol. 7 Human Rights Brief
(Amer. Univ.) No. 3 (ECHR 9/27/1999). {N/R}
Second Circuit upholds the military's “don't ask,
don't tell” policy toward gay service members. Military cohesion cited as
justification. Able v. U.S., 97-6205, 155 F.3d 628, 1998 U.S. App. Lexis 23359
(2nd Cir.). {N/R}
Second Circuit upholds military's “Don't ask -
don't tell - don't pursue” policy. Decision follows similar results in the 4th,
8th and 9th Circuits. U.S. v. Able, #97-6205, 1998 U.S. App. Lexis 23559 (2nd
Cir.). {N/R}
Federal court rejects harassment suit by a police
officer who alleged he was perceived as gay. The civil rights acts do not
protect heterosexuals or homosexuals as a class. Segreto v. Kirschner, 977
F.Supp. 553, 1997 U.S.Dist. Lexis 15647 (D.Conn.). [1998 FP 167-8]
President signs Order creating a uniform policy
prohibiting sexual orientation discrimination in federal employment. Executive
Order 11478 Amendment (May 28, 1998). [1998 FP 103]
Ontario appellate court concludes that a gay or
lesbian partner of a deceased employee is entitled to "spousal" death
benefits under Canada's “equal protection and equal benefits” clause of the
Canadian constitution. Rosenberg v. Canadian Hum. Rts. Cmsn., 1997 Ont. C.A.
Lexis 782 (Released 1998). [1998 FP 103-4]
Connecticut court holds that transsexualism is a
mental disability for purposes of employment discrimination. Conway v. City of
Hartford, 1997 Conn. Super. Lexis 282. [1998 FP 40]
Supreme Court has stated that a transsexual is a
person who has a “rare psychiatric disorder,” citing APA and AMA authorities,
Farmer v. Brennan, 511 U.S. 825, 114 S.Ct. 1970 (1994). Note: the ADA and
Rehabilitation Acts specifically provide that gender identity disorders are not
a federally- recognized disability, unless they are the result of a physical
impairment. 42 U.S. Code 12211(B)(1) and 29 U.S. Code 706(8)(F)(I)(i)]. [1998
FP 40]
Pennsylvania appellate court rejects claims of a
transsexual counselor who was fired and barred from working at the county
prison. Holt v. NW. PA. T.P.C., 694 A.2d 1134, 1997 Pa.Commw. Lexis 207. [1998
FP 23-4]
Navy acted improperly in discharging a sailor who
wrote “gay” on his AOL member profile, accessible by 12 million AOL users. The
Navy violated its “Don't ask-don't tell” policy. McVeigh v. Cohen, #98-116,
7983 F.Supp. 215, 1998 U.S. Dist. Lexis 790, 5 FEP Cases (BNA) 1656. {N/R}
Federal appeals court orders the US to pay
$421,488 in legal fees for a Navy petty officer who won court-ordered
reinstatement after admitting he was gay. Meinhold v. U.S. DoD, 123 F.3d 1275
(9th Cir.). {N/R}
11th Circuit votes 6-to-3 to deny employment as
an Asst. Attorney General to a militant lesbian. Shahar v. Bowers, 1997
U.S.App. Lexis 13069, 114 F.3d 1097 (11th Cir. en banc). [1997 FP 121]
Article: "Homosexuals in law enforcement: a
contemporary study," 30 (4) J. Calif. Law Enf.(CPOA) 77-81 (1997).
Article: "Sexual orientation discrimination
in the workplace: a legal reference guide," 2 (1) Natl. J. of Sexual
Orient. L 38-84 (an on- line electronic journal; covers emplmt. discrim.
cases/laws and harassment). Internet URL (11/96): sunsite.unc.edu/gaylaw/
Justice Dept. adds "sexual orientation"
to the list of prohibited discrimination for applicants/employees. Atty.Gen.
Order 2037-96 revising 28 C.F.R. 42.1, 61 (129) Fed.Reg. 34729. Internet
www.gpo.ucop.edu/search/default.html [1996 FP 170]
Supreme Court strikes down Colorado's
constitutional amendment that sought to overturn municipal gay rights
ordinances. Romer v. Evans, 1996 U.S. Lexis 3245, 64 LW 4353, 116 S.Ct. 1620.
[1996 FP 122]
Divided federal appeals court holds that
homosexual relationships can enjoy the protections of the First Amendment.
Sharar v. Bowers, 70 F.3d 1218 (11th Cir. 1995). [1996 FP 102-3]
Gay employee who was “outed” after he listed his
same-gender partner as his insurance beneficiary on an employment form can sue
his employer for invasion of privacy. Greenwood v. Taft, 663 N.E.2d 1030, 1995
Ohio App. Lexis 3932, 10 IER Cases (BNA) 1744. [1996 FP 60-1]
President Clinton adds sexual orientation to the
list of statuses that may not be used to deny a security clearance. “Access to
Classified Information”, U.S. Executive Order 12968, 60 Fed.Reg. 40245, 1995
U.S.C.C.& A.N. B80-91 (8-2-95). [1995 FP 169]
New York City ordinance which prohibits
discrimination because of gender, protected a female who, after sexual
reassignment surgery, became a male. Chief executive of the firm would “degrade
and humiliate” the plaintiff and accused him of immoral conduct. Trial court
refused to dismiss the plaintiff's complaint. Maffei v. Kolaeton Indus., 626
N.Y.S.2d 391, 68 FEP Cases (BNA) 1039 (Misc. 1995). {N/R}
Federal statute, 10 U.S. Code 654, and
"Don't ask, don't tell" policy which requires separation of armed
service members who announce their homosexuality, violates the 1st and 5th amendments.
U.S. v. Able, 870 F.Supp. 468 (E.D.N.Y. 1994); remanded, 44 F.3d 128 (2nd Cir.
1995); and 67 FEP Cases (BNA) 1098 (E.D.N.Y. 1995). {N/R}
Texas city pays $73,000 to a police applicant who
was rejected because she is a lesbian. England v. City of Dallas, Travis Co.
Dist.Ct. #484697, 3 (12) Emp. Disc. Rep. (BNA) 353 (1994). [1995 FP 75]
Federal court in DC concludes that under existing
case law, a bisexual supervisor cannot violate Title VII by sexually harassing
a subordinate. Because Title VII prohibits harassment because of the victim's
gender, the harassment must be caused by a heterosexual or homosexual person,
as a bisexual person would be attracted by both genders. Ryczek v. Guest
Services, 887 F.Supp. 754 (D.D.C. 1995). {N/R} However, if the defendant is
bisexual and selects employees of one gender for harassment, the protections of
Title VII will be operative; Raney v. Dist. of Col., 892 F.Supp. 283 (D.D.C.
1995). {N/R}
Plaintiff did not state a claim under Title VII
for his transsexualism, but did state a cause of action under Title VII when he
alleged that his employer would not have terminated a woman who lives as a man,
but terminated him because he is a man living as a woman. James v. Ranch Mart,
66 FEP Cases (BNA) 1338 (1994), 881 F.Supp. 478 (D.Kan. 1995). {N/R}
San Francisco ordinance adds “transgender” to
persons with protected housing and employment status. Up to 4,000
“transvestites, drag queens, cross-dressers, female impersonators” and
hermaphrodites will be covered. San Francisco, CA Ordin. #97-94-37.2
(12/12/94), 33 (1597) G.E.R.R. (BNA) 55. {N/R}
Gender reassignment surgery is not a “disability”
under the Rehab. Act. Campbell v. Espy, EEOC #05931174, Appeal #01931730,
Agency #910702, 1994 EEOPUB Lexis 695, 18 (6) MPDLR (ABA) 660 (EEOC 1994),
relying on Ulane v. Eastern Airlines, 742 F.2d 1081 (7th Cir. 1984); Sommers v.
Budget Marketing, 667 F.2d 748 (8th Cir. 1982); and
McCann v. Dept. of Commerce, Appeal #01933543
(EEOC 1994). {N/R}
California Fair Empl. & Hsng. Act [Gov. Code
Sec. 12940(i) & 12940(2)] preempts a city ordinance forbidding sexual
orientation employment discrimination. Although state law does not address such
discrimination, employment discrimination is of statewide concern. Delaney v.
Superior Fast Freight, 14 Cal.App.4th 590 (2d Dist. 1993), 1993 Cal.App. Lexis
297, 18 Cal.Rptr.2d 33, 67 FEP Cases (BNA) 677; rev. den., 1993 Cal. Lexis
3063. Also see article, “Reorienting the workplace: examining California’s new
labor code section 1102.1 and other legal protections against employment
discrimination based on sexual orientation,” 66 S. Cal. L. Rev. 2297 (1993).
{N/R}
Minnesota appellate court strikes down an
ordinance that provided benefits to same-gender domestic partners and distant
relatives of city employees; issue was one of statewide concern. Lilly v. City
of Minneapolis, 527 N.W.2d 107, 67 FEP Cases (BNA) 385, 1995 Minn.App. Lexis
120. [1995 FP 74]
Georgia city has authority to enact ordinance
forbidding sexual orientation discrimination in it city employment, as part of
a city's general powers to administer municipal government. Atlanta (City of)
v. McKinney, 67 FEP Cases (BNA) 646 (Ga. 1995). {N/R}
Colorado supreme court affirms injunction against
voter initiative that would have overturned local laws prohibiting sexual
orientation discrimination. Evans v. Romer, 882 P.2d 1335, 1994 Colo. Lexis
779; 1994 WL 554621. [1995 FP 40]
Federal appeals court upholds a city charter
amendment that prohibits ordinances banning discrimination against persons
because of their sexual orientation. Equality Foundation v. City of Cincinnati,
54 F.3d 261, 67 FEP Cases (BNA) 1290 (6th Cir. 1995). [1995 FP 123] Note: U.S.
Supreme Court has vacated the decision and remanded it for reconsideration in
light of Romer v. Colorado (above).
103rd Congress failed to act on sexual
orientation job protection legislation, supported by President Clinton and the
Justice Dept. S. 2238;H.R. 4636 (103rd Cong. 2d Sess.) [1995 FP 8]
Federal court upholds DC human rights suit by an
ex-employee who claimed she was terminated for reasons of personal appearance,
following her sex change. Underwood v. Archer M.S.I., 65 FEP Cases (BNA) 791
(D.D.C. 1994). [1994 FP 170-1]
Federal appeals court affirms lower court ruling
barring the Navy from terminating a gay petty officer. Meinhold v. Dept. of
Defense, 1994 U.S.App. Lexis 23705, 65 FEP Cases (BNA) 1132 (9th Cir. 1994);
Navy decides against further appeal. [1994 FP 171]
Federal court rejects pre-op transsexual's
discrimination claim that his employer unlawfully required him to dress as male
and use the men's lavatories. Dobre v. Amtrak, 850 F.Supp. 284, 1993 U.S.Dist.
Lexis 16825, 63 FEP Cases (BNA) 923 (E.D.Pa. 1993). [1994 FP 120]
Federal court upholds separation of a 2d
lieutenant in the Army reserve for marrying a person of the same biological sex
and engaging in homosexual acts with that person, contrary to AR 635-100
{5-51}. Walmer v. U.S.D.o.D., 835 F.Supp. 1307 (D.Kan. 1993). {N/R}
Federal court concludes that the Army's
regulation requiring separation of service members who acknowledge their
homosexual orientation, without admitting sexual behavior, is not rationally
related to the Army's legitimate interest in maintaining military readiness or
combat effectiveness and violates the Equal Protection Clause. Cammermeyer v.
Aspin, 850 F.Supp. 910, 1994 U.S. Dist. Lexis 7289, 65 FEP Cases (BNA) 1229
(W.D. Wash. 1994). {N/R}
Colo. appellate court finds that Denver did not
engage in sexual orientation discrimination by disallowing an employee's family
leave request to care for her domestic partner. Ross v. Denver Dept. of Health
and Hosp., 883 P.2d 516, 1994 Colo.App. Lexis 97 (Colo.App. 1994). [1994 FP
120]
FBI adopts new “Policy regarding sexual
orientation" for applicant background investigations and security
clearances. Sexual conduct may be considered if it affects "character,
judgment, stability...” or makes one vulnerable to compromise.
"Heterosexual and homosexual conduct will be equally considered in this
regard." FBIHQ/SAC Airtel (3/2/94). {N/R}
FBI pays $205,000 to terminated gay Special Agent
who sued for sexual orientation discrimination; agrees to settle class action
suit filed by gay former agent. Buttino v. Fed. Bur. of Inv., #C-90-1639-SBA,
32 (1558) G.E.R.R. (BNA) 409 (N.D.Cal. 1994). {Our File #5576} [1994 FP 55-6
and 103]
Federal District Court enjoins Navy from
terminating a service member for admitting his homosexuality. Seeland v. Aspin,
832 F.Supp. 12, 1993 U.S. Dist. Lexis 13618, 63 FEP Cases (BNA) 16 (D.D.C.
1993). [1994 FP 27]
Federal appeals three-judge panel orders Navy to
reinstate a gay Naval Academy midshipman. Steffan v. Aspin, 8 F.3d 57 (D.C.
Cir. 1993), reversing 780 F.Supp. 1 (D.D.C. 1991); see note below. [1994 FP 27]
Note: in 1994 a divided en banc panel reversed,
upholding the Navy, in Steffan v. Perry. Both the Seeland and Steffan cases
distinguished “orientation” from conduct, which may be punished under
Dronenburg v. Zech, 741 F.2d 1388 (D.C. Cir. 1984). {N/R}
Supreme Court declines review of appellate ruling
which allows the CIA to summarily dismiss homosexuals who conceal their status.
Doe v. Gates, 981 F.2d 1316 & 991 F.2d 818 (D.C. Cir. 1993), cert. den. sub
nom Doe v. Woolsey, 510 U.S. 928, 114 S.Ct. 337, 1993 U.S. Lexis 6551 (1993).
[1994 FP 8]
Minneapolis Cmsn. on Civil Rights rules that
same-gender domestic partners cannot be denied health insurance benefits for
their lesbian partners. Each of three claimants awarded $8,500 punitive plus
triple compensatory damages. Anglin v. City of Minneapolis, Mpls. Cmsn.
Civ.Rts. #88180-EM-12, 30 (1493) G.E.R.R. (BNA) 1620 (11/17/92). [1993 FP 26]
Study by the Univ. of Maryland School of Public
Affairs finds that gay men earn between 11 and 27 percent less than non-gay
men, and lesbians earn 5 to 14 percent less than non-gay women. “Economic
Evidence of Sexual Orientation Discrimination,” Industrial and Labor Relations
Review (Cornell University) 1994.
Federal appeals court affirms right of CIA to
summarily dismiss homosexuals who conceal their status. Doe v. Gates, 981 F.2d
1316 (DC Cir. 1993). [1993 FP 44-5]
LAPD pays $770,000 in settlement of suit by
homosexual officers; LA agreed to adopt comprehensive nondiscriminatory
personnel policies. Grobeson v. City of Los Angeles, Super.Ct. #C-700134, 31
(1503) G.E.R.R. (BNA) 252; 1993 FEP Summary (BNA ) 27 (1993). [1993 FP 73-4]
Federal court in Los Angeles blocks discharge of
gay navy noncom. on constitutional grounds; appeal likely. Meinhold v. Dept. of
Defense, 808 F.Supp. 1453, 61 FEP Cases 136 (C.D.Cal. 1993). [1993 FP 74-5] See
also: Dahl v. Secy. Navy, 830 F.Supp. 1319, 1993 U.S. Dist. Lexis 12102, 62 FEP
Cases (BNA ) 1373.
Federal appeals court refuses to dismiss suit by
a lesbian officer, challenging her discharge on Equal Protection grounds.
Pruitt v. Cheney, 61 FEP Cases (BNA) 800, 963 F.2d 1160, 1992 U.S. App. Lexis
9812; amended at 963 F.2d 1160, 1992 U.S. App. Lexis 9812, 61 FEP Cases (BNA)
800 (9th Cir. Cal. 1992); Cert. den. 506 U.S. 1020, 113 S.Ct. 655, 1992 U.S.
Lexis 7704 (1992). [1993 FP 105-6]
U.S. appeals court affirms dismissal of gay
foreign service officer's suit for discriminatory discharge. He admitted to 7
sexual relationships with Yugoslavian nationals while stationed there and 1
with a foreign officer of a third country. His termination was for conduct
which subjected him to recruitment by a hostile intelligence agency. U.S. Info.
Agency v. Krc, #91-5339, 302 U.S. App. D.C. 405, 998 F.2d 1040, 1993 U.S. App.
Lexis 24275(D.C. Cir. 1993). {N/R}
Washington state supreme court reverses appellate
decision reinstating a transsexual; employee terminated for dress code
violations, not gender alteration. Doe v. Boeing, 846 P.2d 531 (Wash. 1993).
[1993 FP 120]
Florida commission rules that a transsexual
corrections officer was wrongly terminated. Gender reassignment surgery is a
handicap under state law; $149,000 awarded. Smith v. City of Jacksonville,
#86-0985, 1993 FEP Summary (BNA) 41 (Fla.C.H.R. 1992). [1993 FP 120-1]
Texas appellate court strikes down sodomy law and
police regulations which barred a lesbian from police employment. Dallas v.
England, 846 S.W.2d 957 (Tex.App. 1993). See however, Bowers v. Hardwick, 106
S.Ct. 2841 (1986). [1993 FP 137-8]
Federal court in Sacramento holds that Navy's
exclusion of gays was not based on a governmental interest other that prejudice
and is unconstitutional as a matter of law. Dahl v. Secretary of the Navy, 62
FEP Cases (BNA) 1373 (E.D.Cal. 1993). [1993 FP 167-8]
Federal appeals court rules that transsexuals are
not protected under Title VII; and airline did not have to rehire a pilot who
surgically altered his sex to female. Ulane v. Eastern Airlines, 742 F.2d 1081,
35 FEP Cases (BNA) 1348 (7th Cir. 1984) {N/R}
Federal appeals court rejects Title VII “hostile
environment” suit brought by employee who claimed coworkers harassed him
because he was perceived a homosexual. Dillon v. Frank, 60 LW 2471 (6th Cir.
1992); not certified for publication. See also: Wright v. Methodist Youth
Services Inc., 511 F.Supp. 307 (N.D.Ill. 1981). [1992 FP 57]
Federal civil rights suit by rejected police
applicant is dismissed; underlying sexual conduct (sex in a public washroom),
not a police detention without prosecution, was a rational basis for denying
employment. Delahoussaye v. City of New Iberia, 937 F.2d 144 (5th Cir. 1991).
[1992 FP 73-4]
Homosexuality could be a legitimate basis for
terminating CIA employment; employee was entitled to due process safeguards.
Doe v. Webster, 769 F.Supp. 1 (D.D.C. 1991). [1992 FP 74] See also: Ashton v.
Civiletti, 613 F.2d 923 (D.C. Cir. 1979), and Civil Service Bulletin of Dec.
23, 1973.
CIA could not deny a security clearance to a
homosexual employee of a government contractor because the CIA had not
articulated a rational basis for its policy. Citing High Tech Gays v. DISCO,
the exclusion violated the employee's First Amendment rights. Dubbs v. CIA, 769
F.Supp. 1113, 1990 U.S. Dist. Lexis 18988, 62 FEP Cases (BNA) 1531 (N.D.Cal.
1990).
Federal court refuses to dismiss wrongful
discharge suit by a gay FBI agent. Buttino v. Federal Bureau of Inves., 801
F.Supp. 298 (N.D.Cal. 1992). [1992 FP 88] Also see settlement, above. [1994 FP
55-6 & 103]
Federal court dismisses suit filed by former
police employee who was required to resign because he masturbated with the
husband of a woman co-worker. Dawson v. State Law Enf. Div., 1992 U.S. Dist.
Lexis 8862, 7 IER Cases (BNA) 629 (D.S.C. 1992). [1992 FP 118]
A post-op, formerly male employee wins wrongful
termination suit; Washington appeals court rules that gender dysphoria is a
"handicap" under state disabilities law. Doe v. Boeing Co., 823 P.2d
1159 (Wash.App. 1992). [1992 FP 137-8] Case reversed on the facts; employee
actually was terminated for violating employers dress code. Doe v. Boeing, 846
P.2d 531 (Wash. 1993). [1993 FP 128]
Homosexuals are not members of a "suspect
class'; CIA's failure to advance a rational basis for blanket policy of denying
top secret clearances to gays precluded dismissal of plaintiff's equal
protection claims. Dubbs v. C.I.A., 769 F.Supp. 1113 (N.D.Cal. 1990). {N/R}
Gay rights advocates lose challenge to security
clearance procedures that automatically subject them to different criteria and
expanded clearance mechanisms. High Tech Gays v. Defense Ind. Security
Clearance Off., 895 F.2d 563 (9th Cir. 1990); reh. en banc den., 90 D.A.R.
8293.
Federal appeals court upholds contested discharge
of gay navy lieutenant, without proof of any misconduct. Woodward v. United
States, 871 F.2d 1068 (Fed. Cir. 1989).
U.S. Supreme Court affirms right of gay CIA
employee to sue for loss of his job in deprivation of his constitutional
rights. Webster v. Doe, 108 S.Ct. 2047 (1988).
Gay police sergeant wins $65,000 verdict against
other officers who unjustly arrested and ridiculed him. Foley v. City of
Detroit, U.S. Dist. Ct. (E.D. Mich. 1988) -- as reported in the Port Huron
Times Herald 2/21/88.
Air force could discharge reservist for sex
change; sexual reassignment surgery created potential health problems that
posed an unacceptable risk of unsatisfactory job performance. Leyland v. Orr,
828 F.2d 584 (9th Cir. 1987); doe v. Alexander, 510 F.Supp. 900 (D. Minn.
1981); ben-Shalom v. Sec. of the Army, 826 F.2d 722 (7th Cir. 1987).
Federal appeals court recognizes homosexuals as a
"suspect class"; orders army to reinstate clerk. Watkins v. U.S.
Army, 837 F.2d 1428 (9th Cir. 1988).
Federal appeals court upholds FBI rejection of
lesbian who sought appointment as agent. Padula v. Webster, 822 F.2d 97 (D.C.
Cir. 1987).
Gay cop can sue for mental anguish arising from
an involuntary transfer purportedly ordered because of his sexual orientation.
Newman v. District of Columbia, 518 A.2d 698 (D.C. App. 1986).
Female sergeant, fired because she is gay,
awarded $200,000 in compensatory and $8,250 punitive damages. Sheehan v.
Schorle, Super Ct., S.F. Co. Cal. (2/11/86). [1986 (139) FP 2].
Governmental employee not entitled to enroll his
gay lover in state dental plan for spouses and dependants. Hinman v. Dept. of
Personnel Admin., 213 Cal.Rptr. 410 (App. 1985).
Chief could not demand officer answer whether he
was a homosexual absent indications of overt behavior. Warren v. City of
Asheville, 328 S.E.2d 859 (N.C. App. 1985).
State employment officers refuse bias complaint
of security officer who underwent sexual reassignment surgery. Sommers v.
Budget Marketing, Inc., 667 F.2d 748 (8th Cir. 1982). Also see Sommers v. Iowa
Civil Rights Cmsn., 337 N.W.2d 470 (Iowa 1983).
“The Constitutional Right to Privacy and
Regulations Affecting the Sexual Activity of Law Enforcement Employees,” by
D.S. Schofield, FBI Academy, in the FBI Law Enforcement Bulletin, Oct. 1982,
Pp. 24-31.
California employment board to decide right of
sex change applicant who sought security guard position at nuclear plant. Rosen
v. Vanguard Security Sys., Cal. Dept. Fair Emplmnt. & Housing (Oct. 1982).
Federal appeals court upholds employers ban on
wearing clothing of the opposite sex; termination affirmed. Kirkpatrick v.
Seligman, 636 F.2d 1047 25 FEP Cases (BNA) 74 (5th Cir. 1981).
Federal court upholds Dallas decision not to hire
admitted homosexual police applicant. Childers v. Dallas Police Dept., 513
F.Supp. 134, 26 FEP Cases 954 (N.D. Tex. 1981).
Man, terminated for rejecting homosexual advances
of his supervisor, could bring Title VII action for relief. Wright v. Methodist
Youth Serv., 511 F.Supp. 307, 25 FEP Cases 563 (N.D. Ill. 1981).
FBI clerk who claimed he was forced to resign for
homosexuality settles back pay claim for over $25,000. Untenured employee had
reasonable expectation of continued employment. Ashton v. Civiletti, 613 F.2d
923; Dist. Ct. #75-0748 (settled April, 1981).
Army found to violate rights of homosexual drill
sergeant; first and fifth amendments apply to termination. ben-Shalom v. Sec.
of the Army, 489 F.Supp. 964 (E.D. Wis. 1980); see also Beller v. Middendorf,
632 F.2d 788 (9th Cir. 1980).
California Attorney General rules state cannot
refuse to employ homosexual applicants because of "sexual
preferences." Cal. Attorney General Opinion #80-55 (July 3, 1980).
Gay deputy sheriff applicant wins suit for
employment. Kreps v. Co. of Contra Costa, Super Ct., (Aug. 13, 1980). [1980
(69) FP 6]
California supreme court bans discrimination
against gays in quasi-government employment under constitution's equal
protection clause. Gay Law Students v. Pacific Tel. & Tel., 595 P.2d 592,
156 Cal.Rptr. 14 (Cal. 1979).
Police employees, fired after homosexual
investigation, recover $103,000 in damages and costs from federal court in
Boise. Baker v. Eardley, U.S. Dist. Ct. (D. Idaho 1979).
Equal Employment Opportunity Act Application.
Voyles v. Ralph K. Davies Medical Center, 11 FEP Cases (BNA) 1199 (N.D. Cal.
1975).
Federal appeals court affirms rule that
homosexuals cannot be denied employment because of that status; open and public
flaunting distinguished. Society for Individual Rights v. Hampton, 63 F.R.D.
399, 11 FEP Cases (BNA) 1243 (N.D. Calif.), appeal dismissed, 528 F.2d 905 (9th
Cir. 1975); Singer v. Civil Serv. Cmsn., 12 FEP Cases (BNA) 208 (9th Cir.
1976).
Employer could deny health benefits to employee's
"lover'; no "equal protection" violations for gay partners.
Hinman v. Dept. of Personnel Administration, 167 Cal. App. 3d 516, 213
Cal.Rptr. 410.
See also: AID/HIV Related;
Domestic Partners Rights; Sexual
Harassment-Same Gender.