Posted on 09/21/2007 10:33:21 AM PDT by Millee
A federal appeals court on Thursday upheld the dismissal of a lawsuit brought by a bus driver who was fired while preparing to undergo a sex-change operation.
Krystal Etsitty was fired after she began using women's restrooms on her route. She sued alleging she was fired because she was a transsexual and because she didn't conform to expectations of stereotypical male behavior.
According to the ruling from the 10th U.S. Circuit Court of Appeals, Etsitty had been undergoing hormone therapy to prepare for the operation and presenting herself as a woman but still had male genitalia when she was fired. The ruling said the Utah Transit Authority feared liability if her use of women's restrooms was discovered.
In 2005, a district court judge dismissed Etsitty's suit after finding that sex discrimination laws only apply to a person's biological sex and that transsexuals fall outside of a U.S. Supreme Court ruling that banned discrimination against individuals who fail to meet the stereotype of their gender.
Eight groups, including the American Civil Liberties Union and the Lambda Legal Defense and Education Fund, filed briefs in support of Etsitty's case.
She must have had a huge stance.
If it’s built like a man, it should use men’s facilities.
Calling this person she is ridiculous. It’s a *he* by equipment. I can’t stand when they go by the gender the person wants to be.
Anyway, this thing just started this for the life’s lottery potential. He knew what he was doing and what would happen when he started using women’s rooms.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.