Tuesday, October 09, 2007

A reminder why gender expression protects gays and lesbians too

The butch who was ejected -- on the same day as New York City's Pride Parade -- from the women's restroom of a restaurant for looking too masculine sued the Caliente Cab Company today on the grounds that it violated the city's gender expression protections, and New York state's protections against sex stereotyping.

Yes, the lawsuit also argues CCC violated sexual orientation protections -- but wanna bet the restaurant's lawyers will argue that it didn't because (I'm assuming here) there were other lesbians in the bar. This is exactly the sort of "we're not firing you because you're gay/lesbian, we're firing you because nelly/butch" loophole that Lambda Legal has warned about (PDF link) if ENDA lacks gender identity protections.

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