DOJ Won’t Appeal Transgender Discrimination Decision

We learned today of a decision by the U.S. Department of Justice not to appeal an earlier court decision in Schroer v. Billington, in which a federal district court concluded that Library of Congress officials violated federal sex discrimination law when they withdrew a job offer from Diane Schroer – a transgender woman – because she was transitioning. Said HRC President Joe Solmonese:

“The Administration made the right decision in standing by the court’s ruling that the Library of Congress violated the law and discriminated against Diane Schroer for being a transgender woman. Diane served her country for 25 years in the U.S. Army with bravery and distinction, but despite her expertise and experience, the Library of Congress decided she couldn’t continue that service in civilian life simply because she is transgender.  We applaud Diane’s continuing work to make sure discrimination based on gender identity ends in this country and congratulate her and the ACLU, which represented her, on this important victory.”

Schroer testified in June of 2008 at a historic Congressional hearing on workplace discrimination based on gender identity.  The hearing, “An Examination of Discrimination Against Transgender Americans in the Workplace,” discussed the real and pervasive mistreatment transgender workers face everyday, the role Congress can play in eradicating discrimination based on gender identity, and how corporate America is leading the way toward full equality in the workplace.

The Employment Non-Discrimination Act (ENDA), introduced in the U.S. House last week, would address discrimination in the workplace by making it illegal to fire, refuse to hire or refuse to promote an employee based on the person’s sexual orientation or gender identity.  This bill would reflect the values, shared by the vast majority of Americans, that employment decisions should be based on a person’s qualifications and work ethic.  Learn more about ENDA.