Navajo woman loses gender discrimination lawsuit

Friday, September 21, 2007  

A Navajo woman who was born a man cannot sue the Utah Transit Authority for firing her, the 10th Circuit Court of Appeals said on Thursday.

Etsitty, a former bus driver, was in the process of gender-reassignment surgery when the UTA fired her. The UTA said it didn't know which restrooms she should use on her route. Bus drivers use public restrooms.

A federal judge dismissed the case, saying t sex discrimination laws only protect a person from discrimination based on a person's biological gender. On appeal, the 10th Circuit agreed and said Etsitty was fired for a "legitimate, nondiscriminatory reason" because the UTA was concerned about the liability of a biological male using women's restrooms.

Get the Story:
Federal appeals court upholds firing of transsexual UTA bus driver (AP 9/21)

Court Decision:
Etsitty v. Utah Transit Authority (September 20, 2007)

Court Brief:
Etsitty v. Utah Transit Authority