$491,190 plus one Executive Order

by on May 3, 2009  •  In Employment law, Transgender

No – that's not the current value of General Motors – things haven't gotten that bad for them yet.

$491,190 is the amount in back pay and damages that federal District Court Judge James Robinson ordered the Library of Congress to pay Diane Schroer for rescinding a job offer to her when officials learned that she would start work as Diane, after having successfully interviewed as David.

The case – Schroer v. Billington, 577 F.Supp.2d 293 – generated a pathbreaking ruling that discrimination based on gender identity was discrimination based on gender, and thus violated Title VII. (More details and link to decision here)

Hopefully, the Obama administration will announce that it is not appealing the decision and pay the damages (plus, I hope, appropriately large attorneys fees to the ACLU LGBT Rights Project for doing a brilliant job of litigating the case).

More important, it is time for the President to issue an executive order banning discrimination based on gender identity for all federal employees. The White House has been quietly promising to take this step. The Schroer case provides the perfect opportunity.  Just do it.


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