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woman whose job offer was revoked when her plans to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)
