transgender

Can You Take Back a Job Offer if He Becomes a She?

Posted on March 23, 2016

The Situation:  You are interviewing a number of candidates for a vacant position.  One particular candidate stands out and he seems like he will be the best fit.  After you offer him the job, he tells you that he is a transgender and will be presenting as a female by the time he begins to work. Can you rescind your job offer?…

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Transgender Employee Fired for Clear Policy Violation—Is Employer Still At Risk For Title VII Claim?

Posted on January 20, 2016

The Situation: An employee informs you that she is going through a gender transition and then a few months later you catch her sleeping on the clock. After you terminate her (just like you have terminated others who engaged in similar conduct), she claims that you discriminated against her based upon her sex in violation of Title VII when you terminated her based on her transgender status. Are you protected from this type of claim based on the clear policy violation supporting the termination?…

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Transgender former police officer states a claim under Title VII-but fails to show sufficient evidence of discrimination

Posted on June 18, 2015

Last week, the district court ruled that although discrimination based on transgender status was a cognizable claim under Title VII, the plaintiff had failed to demonstrate that the rejection of her application to be part of a volunteer mounted patrol was discriminatory. Finkle v. Howard County, Maryland, Case No. SAG-13-3236 (D. Md. June 12, 2015).…

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