DOJ Will Not Appeal Veteran’s VictoryIn Transgender Discrimination Case

Commitment By Administration To Protect Workers From

WASHINGTON, DC – The U.S. decided not to appeal a federal awarding the for the she suffered after being refused a with the Library of . The deadline for seeking an appeal was June 30. The American has represented Schroer in her case.

The administration’s decision whether to appeal the final ruling in the case has been closely watched in part because the administration defended the case so vigorously, arguing that Americans are not protected by any existing federal laws. The decision not to appeal the verdict is consistent with the administration’s to protect workers against and his administration’s recent order to bar in federal .

“I am grateful that the court took the time to examine the case in detail and come to a fair and unbiased decision. In that same light, I am gratified that the administration saw this for what it was, a case of focused against , and recognized that it must end in this country,” said Schroer, an Special Forces with 25 years service. “The important signal that the administration’s decision sends to all individuals gives me renewed hope and restores some of my shaken in what our country stands for.”

On 29, 2009, a federal court awarded Schroer maximum of $491,190 for back pay, other and emotional after finding the Library illegally discriminated against Schroer because of her . At trial, Schroer testified that she had applied for a position with the Library of as the senior analyst and was offered the . Prior to starting work, she took her future to to explain that she was in the process of and wished to start work presenting as female. The following day, Schroer received a call from her future rescinding the offer, telling her that she wasn’t a “good fit” for the Library of .

“We are pleased and relieved that the administration has decided to bring an end not only to years of hard-fought litigation but also to a painful chapter of Ms. Schroer’s extraordinary life,” said Sharon McGowan, a with the Project. “The administration’s decision not to challenge this important ruling is a welcome sign that it intends to live up to its commitment to help end in the workplace.”

The filed the lawsuit against the Library of on June 2, 2005, charging that the library unlawfully refused to hire Schroer in violation of Title VII of the of 1964, which prohibits in the workplace. In an earlier ruling in this case, the court issued a groundbreaking opinion that discriminating against someone who transitions from living as one gender to another is under federal law. In reaching this decision, the court compared the faced by Schroer to religious-based , saying, “Imagine that an employee is fired because she converts from to Judaism. Imagine too that her employer testified that he harbors no toward either or but only ‘converts.’ That would be a clear case of ‘because of .’ No court would take seriously the that ‘converts’ are not covered by the statute.” The court also ruled that the library was guilty of stereotyping against Schroer because of its view that she failed to live up to traditional of what is male or female.

“This case put employers on notice that against individuals is like any other form of – counterproductive and against our principles as a nation,” added Schroer. “But this case alone won’t end the rampant that throughout the country. That’s why we need to pass the Non- that was introduced last week.”

In addition to McGowan, the legal team consisted of Ken Choe, Senior for the Project, James Esseks, for the Project and Spitzer, of the of the Nation’s Capital.

A copy of the decision, the complaint, a video, a bio and of are available at: http://www.aclu.org/lgbt/transgender/24969res20050602.html

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* Tags = gay men gay news lesbian news transgender bisexual

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