Wednesday, November 22, 2017

Transgender Prof wins $1.1 Million Jury Verdict

Just cranking out one last pre-Thanksgiving blog post here. Transgender university professor, Rachel Tudor, won a $1.1 million jury verdict in her employment discrimination case on Monday.

We're still in this awkward place where Title VII does not list "gender identity" (or "sexual orientation"), but some courts are interpreting the prohibition on "sex" discrimination to cover those classes. DOJ says they're not covered (after previously saying they were covered and initially being a plaintiff in the Tudor case). Meanwhile, the EEOC (at least for now) says they are covered. Meanwhile, some states expressly cover them, while some states do not but local ordinances do. Of course, transgender and homosexual employees at public universities may be protected under the Equal Protection Clause of the United States Constitution.

Confused yet? I anticipate federal legislation or a Supreme Court decision to decide this issue with regard to Title VII in the next few years.