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Nick Cargo "It is especially gratifying that the court has ruled that discriminating against someone for transitioning is illegal," Schroer said. "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 just because I'm transgender. It is tremendously gratifying to have your faith in this country, and what is fundamentally right and fair, be reaffirmed." "True to form, Diane Schroer has once again demonstrated her bravery and her commitment to American democracy," added National Center for Transgender Equality Executive Director Mara Keisling. "By fighting for her rights, she has defended the honor and rights of all transgender people who have been discriminated against on the job. NCTE congratulates her on this historic win and applauds the tremendous work of the ACLU in securing this victory for us all." "In refusing to hire Diane Schroer because her appearance and background did not comport with the decisionmaker's sex stereotypes about how men and women should act and appear," said United States District Judge James Robertson on Friday, "and in response to Schroer's decision to transition, legally, culturally, and physically, from male to female, the Library of Congress violated Title VII's prohibition on sex discrimination." "After hearing the evidence presented at trial, I conclude that Schroer was discriminated against because of sex in violation of Title VII," Robertson's ruling said. "The reasons for that conclusion are set forth below, in two parts. First, I explain why, as a factual matter, several of the Library's stated reasons for refusing to hire Schroer were not its "true reasons, but were pretext[s] for discrimination," Tex. Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981). Second, I explain why the Library's conduct, whether viewed as sex stereotyping or as discrimination literally 'because of...sex,' violated Title VII. "None of the five assertedly legitimate reasons that the Library has given for refusing to hire Schroer withstands scrutiny." "The court got it exactly right, sending a loud and clear message to employers everywhere: if you fire or refused to hire someone for transitioning, you are guilty of sex discrimination and may well find yourself liable," said Sharon McGowan, one of the ACLU LGBT Project staff attorneys working on the case. The suit, backed by the American Civil Liberties Union, was originally filed on June 2, 2005. In the fall of 2004, Schroer, a Special Forces veteran, interviewed for the position of Specialist in Terror and International Crime with the Library of Congress. After taking her future boss Charlotte Preece to lunch and explaining her situation, Schroer said the meeting ended on an "ominous tone," and that she had gone from "hero to zero...in 24 hours." "On behalf of the Human Rights Campaign, I thank Colonel Schroer for continuing to serve her country by fighting for the core principles that Americans hold dear, including that people should be judged on the merits, rather than by characteristics unrelated to their ability to do a job," said Human Rights Campaign President Joe Solmonese. "Today's decision is a victory for transgender people, but there is much more to be done to create an America where no one is denied a job simply because of who they are." "I very much hope that this ruling will help to eliminate the all-too-pervasive discrimination against gender non-conforming people in all areas," Schroer said. "I hope too that employers, family members, friends and co-workers will begin to understand variations in gender identity from a basis of knowledge and not fear." More information on the case is available at the American Civil Liberties Union.
A federal court has ruled in favor of retired Army Colonel Diane Schroer, formerly David, after a job offer from the Library of Congress was rescinded on discovery of David's intention to transition to Diane.
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Originally published on Friday September 19, 2008.



