Thursday, April 30, 2009

Trangender Woman Awarded Half Million

You might remember we talked about this case when it was being heard last fall. I didn't go to the hearings, but several TTF folks did as well as some locals from the dark side. A man with excellent credentials had applied for a job at the Library of Congress and they were happy to hire him. Before starting the job, though, he told the boss he was going to be transitioning to a female gender identity. Suddenly the job offer was rescinded.

The federal government has no regulations protecting against discrimination on the basis of gender identity, but it does have rules about sex. The judge in that case reasoned that since the only thing that had changed was the applicant's sex, the decision to withdraw the offer must have been motivated by discrimination on the basis of sex.

There was a lawsuit, and it was settled this week.
WASHINGTON (AP) - A federal judge has awarded a former Army Special Forces commander nearly $500,000 because she was rejected from a job at the Library of Congress while undergoing a gender change from man to woman.

Diane Schroer of Alexandria, Va., applied for the terrorism analyst job while still a man named David Schroer. He was offered the job, but the offer was pulled after he told a library official that he was having surgery to change his gender.

U.S. District Judge James Robinson ruled Tuesday that Schroer was entitled to $491,190 in back pay and damages because of sex discrimination.

Schroer said she was happy with the judgment but more importantly that the judge recognized her treatment as job discrimination. She said it's a problem many transgendered people face.

"They are hugely underemployed, at best," Schroer said. "If they are fortunate enough to get something, it's well below their capabilities. It's not just about money, it's about knowing you are a valuable person."

Schroer said she feels more fortunate than many transsexuals who face job discrimination because her friends have helped her get work as a national security and counterterrorism consultant. Transsexual wins $500,000 lawsuit

29 Comments:

Blogger Dana Beyer, M.D. said...

To be more precise:

Diane, living as a man at the time of her application . . . told the Library of Congress she would be transitioning to live full-time as a woman because she had always had a female gender identity.

Her gender expression had been male to that point, and has subsequently become female. Her gender identity has always been female, because her brain sex was always female, while her genitals were male.

April 30, 2009 11:18 AM  
Anonymous Robert said...

In other news, the New Hampshire Senate passed a same-gender marriage bill (with some sort of amendment about polygamy--huh?); the house already passed one, but without the amendment, so they have to vote again. The governor said he opposes marriage equality but hasn't promised a veto.

The NH Senate also voted unanimously about the trans-inclusive civil rights law. The majority said that the opponents had so poisoned the atmosphere with their talk of sexual predators in women's bathrooms that the law might do more harm than good at this point.

Manchester Union-Leader Article on marriage equality and civil rights law

April 30, 2009 11:34 AM  
Anonymous Anonymous said...

"Her gender identity has always been female, because her brain sex was always female, while her genitals were male."

"Brain sex" is a theory not a fact.

"Gender identity"is a philosophical debate exploited by gay activists.

How's that for "precise"?

April 30, 2009 11:40 AM  
Blogger Dana Beyer, M.D. said...

And you're ignorant -- brain sex is real, unlike any decency and respect from you and yours.

April 30, 2009 12:12 PM  
Anonymous rOBERT said...

"Anonymous" is a theory, not a fact.

April 30, 2009 12:32 PM  
Anonymous Robert said...

I saw a tweet that seemed to indicate that marriage equality passed the Maine Senate today, but I can't really be sure because tweets are so brief. I'm sure the blogs will follow up. This seems to be what the Senate in the black fly state is talking about right now.

ABC/WashPost poll today says 49% of Americans support marriage equality, fewer oppose. Yay for America.

April 30, 2009 12:35 PM  
Anonymous Anonymous said...

"brain sex is real"

Sorry, Charlie.

You're wrong.

Thinking you're something other than you are is a mental problem according to the APA list of mental problems.

April 30, 2009 12:59 PM  
Anonymous Anonymous said...

Proves the point that you don't need discrimination laws for gender identity.

April 30, 2009 1:27 PM  
Anonymous Anonymous said...

Anonymous" - And you claim yourself to be a mentally "healthy" individual? Your mental pathologies are too numerous to list here. Go get yourself healed (in other words, remove the mote from thine own eye) before you so pathetically and ignorantly condemn others! Try living your professed beliefs as a Christian for once in your life.

April 30, 2009 1:30 PM  
Blogger Priya Lynn said...

Bad anonymous said "Proves the point that you don't need discrimination laws for gender identity.".

Wrong. This woman had changed sex so was covered by sex discrimination laws. For those who haven't changed sex we need discrimination laws that cover gender identity as well as for those situations where judges don't interpret the sex discrimination law properly to cover transexuals.

April 30, 2009 3:22 PM  
Anonymous Anonymous said...

Priya is a subject of the Queen of England.

April 30, 2009 3:39 PM  
Anonymous Robert said...

And who, pray tell, is a subject of the "Queen of Anonymous Trolls?"

I was right, the Maine Senate passed marriage equality, 21-14.

Maine Senate Passes Marriage Equality--APAn amendment to have a ballot referendum failed.

Next it goes to the Maine House, which is expected to pass it.

Then to the governor, who has been equivocal.

Supporters expect opponents to launch a petition drive for a ballot question.

Yay for Maine, New Hampshire, Massachusetts, Connecticut and Iowa.

Or, as Cicero would have said, Eugepae!

April 30, 2009 4:03 PM  
Anonymous Anonymous said...

"Thinking you're something other than you are is a mental problem according to the APA list of mental problems."

The remedy the APA recommends when brain sex and gender expression don't match is to alter the body to match brain sex. Once remedied, there is no mental problem.

April 30, 2009 4:09 PM  
Anonymous Anonymous said...

their forte' is diagnosis, not treatment

truth is, psychological treatments have never had a very success rate

best they can usually do is drug their patients into a stupor

then they tend to stop pulling their hair out and spitting on their arm and chuckling

April 30, 2009 7:32 PM  
Anonymous another.dumb.anon said...

It´s "forté", not "fore´".

April 30, 2009 7:37 PM  
Anonymous another.dumb.anon said...

Nor "forte´"

April 30, 2009 7:38 PM  
Anonymous Anonymous said...

That's really funny when you call someone else dumb and then make a typo in a simple four word sentence!

This person who got a half million should donate the money to research on finding a cure for homosexuality.

That would be appropos!

April 30, 2009 8:15 PM  
Anonymous ha-ha said...

that really if funny

April 30, 2009 8:16 PM  
Anonymous Non said...

Anon used to say something and then post again as "Anon" and comment on how smart it was. Now she's gotten so much more sophisticated, posting as "Ha-ha" to laugh at her own jokes.

April 30, 2009 8:47 PM  
Anonymous Anonymous said...

now, now, non

let's not be petty

April 30, 2009 9:30 PM  
Blogger Zoe Brain said...

Talking about the APA...

Two seminars being presented at their annual conference. One on whether keeping transsexuality in the DSM is justified, when it's obviously not a mental illness, and the other on "brain sex".

S6. "In or Out?": A Discussion About Gender Identity Diagnoses and the DSM (DSM Track DM03)1. The DSM-V Revision Process: Principles and Progress William E. Narrow, M.D.
2. Beyond Conundrum: Strategies for Diagnostic Harm Reduction Kelley Winters, Ph.D.
3. Aligning Bodies With Minds: The Case for Medical and Surgical Treatment of Gender Dysphoria Rebecca Allison, M.D.
4. The Role of Medical and Psychological Discourse in Legal and Policy Advocacy for Transgender Persons in the U.S. Shannon P. Minter, J.D.

S10. The Neurobiological Evidence for Transgenderism1. Brain Gender Identity Sidney W. Ecker, M.D.
2. Transsexuality as an Intersex Condition Milton Diamond, Ph.D.
3. Novel Approaches to Endocrine Treatment of Transgender Adolescents and Adults Norman Spack, M.D.

May 01, 2009 4:20 AM  
Anonymous Aunt Bea said...

If Anon needs another example besides Arlen Specter's defection and Olympia Snow's NYTimes editorial as to why the GOP is losing support, just read this thread. It's people like the parade of Anon (singular intended) here who are driving people out of the Grand Obstructionist Party and over to the Democratic side.

Please, keep up the good work!

May 01, 2009 7:42 AM  
Anonymous Anonymous said...

Wrong. This woman had changed sex so was covered by sex discrimination laws. For those who haven't changed sex we need discrimination laws that cover gender identity as well as for those situations where judges don't interpret the sex discrimination law properly to cover transexuals.


Legal liability cannot be based on what people think. You can’t prove what a person is thinking.

What is a sex change? How many items have to be changed?
If one changes sex,does one change their sexual orientation as well?

May 01, 2009 11:08 AM  
Blogger Dana Beyer, M.D. said...

Sexual orientation and gender identity are independent brain functions. Changing one's gender socially opens up different opportunities, but one always had a sexual orientation from puberty, be it hetero, homo, bi or asexual.

Legally speaking, a change of sex requires genital reconstruction or the intention to obtain thereof within a reasonable amount of time. That is still the case in most jurisdictions, including federal regulations.

As I've repeatedly pointed out here, there are many attributes of human sexuality, and many people are mixed in those attirbutes though they are legally of one sex or the other. We do not have a category in legal databases called "intersex," though we should.

May 01, 2009 12:09 PM  
Blogger Priya Lynn said...

This comment has been removed by the author.

May 01, 2009 4:02 PM  
Blogger Priya Lynn said...

Bad anonymous said "Legal liability cannot be based on what people think".

Wrong again. The difference between first degree murder, second degree, and manslaugher is based on what people think.

Bad anonymous said "You can’t prove what a person is thinking.".

Sometimes you can. If someone beats a black person while screaming "all N*'ers should die! You're not human! None of you scum deserve equality! Tell your buddies to get out of town!" that's proof that a hate crime was committed as we know what the person was thinking.

May 01, 2009 4:31 PM  
Anonymous Anonymous said...

Priya is a subject of the Queen of England.

And a serial comment deleter.

The comments are so inane, you can a good chuckle imagining what Priya has deleted.

May 01, 2009 8:37 PM  
Anonymous ha-ha said...

thanks for your mixed-up "theories" about mixed-up "attirbutes", Danga

very funny!

May 01, 2009 9:03 PM  
Anonymous Anonymous said...

Sometimes you can. If someone beats a black person while screaming "all N*'ers should die! You're not human! None of you scum deserve equality! Tell your buddies to get out of town!" that's proof that a hate crime was committed as we know what the person was thinking.

No you can't
He could be lying or acting. He could have a mental disorder.

May 03, 2009 2:26 PM  

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