Discrimination Based On Person's Status As Transsexual Is Not Discrimination "Because Of Sex" Under Title VII
The 10th
Circuit has ruled that discrimination based on a
person's status as a transsexual is not discrimination "because of sex" under
Title VII. Therefore, transsexuals are not a protected class under Title VII and
a transsexual employee could not satisfy her prima facie burden on the basis of
her status as such. Like all other employees, Title VII's protection extends to
transsexual employees only if they are discriminated against because they are
male or because they are female.
Etsitty v. Utah Transit Authority
The 10th Circuit Court of Appeals’ jurisdiction includes Colorado, Kansas, New Mexico, Oklahoma, Utah and Wyoming.