Friday, September 19, 2008

Congrats, Diane Schroer

& Thank you, ACLU.

WASHINGTON, DC September 19, 2008 — Today the U.S. District Court for the District of Columbia ruled in favor of Diane Schroer, supporting her claim that she was wrongfully denied employment by the Library of Congress after she notified them that she intended to transition.

In 2004, while still living as David, retired US Army Colonel Diane Schroer was offered and accepted a job with the Library of Congress. When she notified her new employers of her intention to transition, the offer was rescinded. After a highly distinguished military career, Col. Schroer decided to fight once more to uphold American values of fairness and justice.

“True to form, Diane Schroer has once again demonstrated her bravery and her commitment to American democracy,” noted Mara Keisling, Executive Director of the National Center for Transgender Equality. “By fighting for her rights, she has defended the honor and rights of all transgender people who have been discriminated against on the job. NCTE congratulates her on this historic win and applauds the tremendous work of the ACLU in securing this victory for us all.”

In his ruling United States District Judge James Robertson stated, “After hearing the evidence presented at trial, I conclude that Schroer was discriminated against because of sex in violation of Title VII.” He went on to note, “None of the five assertedly legitimate reasons that the Library has given for refusing to hire Schroer withstands scrutiny.”

Judge Robertson concluded, “In refusing to hire Diane Schroer because her appearance and background did not comport with the decision maker’s sex stereotypes about how men and women should act and appear, and in response to Schroer’s decision to transition, legally, culturally, and physically, from male to female, the Library of Congress violated Title VII’s prohibition on sex discrimination.”

You can read the whole of the decision at the ACLU’s website (pdf).

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