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September 23, 2008

Trans Woman Wins Bias Suit Against Library of Congress

The Library of Congress unlawfully discriminated against a transgender woman whose job offer was revoked when her plans to transition from male to female were revealed, a U.S. district court ruled Friday. Judge James Robertson decided that Diane Schroer was discriminated against on the basis of sex, a groundbreaking conclusion, according to the American Civil Liberties Union, which represented her.

"The evidence established that the Library was enthusiastic about hiring David Schroer -- until she disclosed her transsexuality," Robertson ruled. "The Library revoked the offer when it learned that a man named David intended to become, legally, culturally, and physically, a woman named Diane. This was discrimination 'because of ... sex.'"

The court agreed with the ACLU's argument based on the Civil Rights Act of 1964, which bans sex discrimination in the workplace. The Library of Congress attempted to have the case dismissed, claiming that transgender people are not protected under the federal act. The court also said that the library used gender stereotyping because Schroer would have failed to adhere to traditional gender roles.

Schroer, 52, was denied a job as a terrorism research analyst in December 2004. She retired from the military as a special forces commander while she was still David, and previously directed a classified organization formed to track and target international terrorists after the September 11 attacks.

The ACLU filed suit on Schroer's behalf in June 2005 for $300,000 (the legal limit for such a case) and the position for which she applied. The district court trial started in August, where Charlotte Preece, Schroer's once-prospective supervisor, said she worried the transition would distract her from her work. Schroer countered, saying that her transition has helped her focus even more.

"It is especially gratifying that the court has ruled that discriminating against someone for transitioning is illegal," Schroer said in a statement. "I knew all along that the 25 years of experience I gained defending our country didn't disappear when I transitioned, so it was hard to understand why I was being turned down for a job doing what I do best."

Schroer currently heads a consulting firm she launched and has contracts with several federal agencies, including the U.S. Coast Guard and the Department of Defense. (Michelle Garcia, The Advocate)

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