| Title VII & Transsexuals: Recent Cases | ||
| Citation | Decision | Quote |
| Smith v. City of Salem, 378 F.3d 566 (6th Cir. 2004) | Dismissal of firefighter's Price Waterhouse claim reversed on appeal. | "[A] label, such as 'transsexual,' is not fatal to a sex discrimination claim where the victim has suffered discrimination because of his or her gender non-conformity." |
| Barnes v. City of Cincinnati, 401 F.3d 729 (6th Cir. 2005) | Jury award to police officer on Price Waterhouse claim affirmed on appeal. | "Barnes produced evidence at trial that tended to show that the City’s proffered reason for demoting Barnes was false and that the real reason for his demotion was unlawful discrimination." |
| Etsitty v. Utah Transit Authority (Dist. of Utah 2005) | Summary judgment granted to defense on bus driver's Price Waterhouse claim. | "There is a huge difference between a woman who does not behave as femininely as her employer thinks she should, and a man who is attempting to change his sex and appearance to be a woman." |
| Mitchell v. Axcan Scandipharm (Dist. of Western Pennsylvania 2006) | Motion to dismiss Price Waterhouse claim denied. | Plaintiff pleaded sufficient facts "showing that his failure to conform to sex stereotypes of how a man should look and behave was the catalyst behind defendant's actions." |
| Schroer v. Billington (Dist. of D.C. 2006) | Motion to dismiss Title VII claim denied. | "There are facts that Schroer could prove which would support her claim that the Library refused to hire her solely because of her sexual identity." |