Wittmer v. Phillips 66 Company

Transgender woman applies for job and is extended an offer. But then soon-to-be employers discover woman had concealed from them that she’d been fired from her previous job. Offer rescinded. Woman files Title VII lawsuit asserting discrimination on the basis of transgender status. Fifth Circuit panel (Judge Ho): Even setting aside whether Title VII protects against transgender discrimination, the woman can’t possibly make out a Title VII claim—not least because the employers rescinded her offer before they learned of her transgender status. Concurrence (also Judge Ho): But just to be clear, Title VII absolutely does not protect against transgender discrimination. Concurrence (Judge Higginbotham): And of course, “elegant asides” about Title VII’s scope are absolutely beside the point in this case.

Tags: 2019, Discrimination, Fifth Circuit, Judge Higginbotham, Judge Ho, Title VII

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