EMPLOYMENT LAW: Connecticut District Court holds that Title VII bars discrimination based on transgender identity

The Connecticut District Court, Underhill, D.J., has held that the federal employment discrimination statute prohibits employment discrimination “on the basis of transgender identity”.  Title VII prohibits discrimination on the basis of “sex”.  The court concludes that this term did not only protect women from discrimination because they were women and men from discrimination because they were men.  Based on modern definitions of the term “sex”, the court states that the term sex “would surely include discrimination on the basis of gender identity.”

The court holds that the plaintiff had established a prima facie case, specifically, that she was qualified for the job, that she was a member of a protected class, and suffered an adverse employment action.

Fabian v. Hospital of Central Connecticut, 3:12 CV1154 (March 18, 2016)