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 Trial to Proceed In Transwoman Discrimination
Suit
by 365Gay.com Newscenter Staff
Posted: April 4, 2008 - 5:00 pm ET
(Houston, Texas) The
District Court for the Southern District of Texas on Friday denied motions for
summary judgment from both sides in the case of a transgender woman who found
her job offer from a Houston medical clinic withdrawn after a background check
disclosed her sex as male.
Both Lambda Legal, representing 27-year-old
Izza Lopez, and attorneys for River Oaks Imaging and Diagnostic had asked the
judge for summary judgment - a ruling issued without trial based on undisputed
facts.
The court's denial of summary judgment means the case will proceed first
to mediation, and if no resolution is reached, then to trial.
"Neither we nor attorneys for
River Oaks dispute the basic facts in the case, which we feel strongly support
Izza's claims, so we're disappointed the court denied our motion for partial
summary judgment," said Cole Thaler, Lambda Legal Transgender Rights
Attorney.
"But we're very pleased at the points the court made in reaching
its decision. This court followed the lead of other courts by ruling that
transgender employees may advance sex-stereotyping claims. The court
agreed that Izza never misrepresented herself in any sense, and rejected River
Oaks' claim that transgender people have a duty to disclose their biological sex
to employers."
In her 31-page decision, Judge Nancy Atlas
wrote, "Lopez has presented ample evidence...to show that her conduct did
not constitute the "misrepresentation" the company claims.
Although
Lopez listed only her adopted name on her resume, she listed both her adopted
and legal names on her job application.
In addition, Lopez listed "Raul
Lopez" as her "Full Name"and "Izza Lopez" as
an "Other Name Used" on her background check forms."
The
court also rejected River Oaks' claim that "any person who dresses in a
manner inconsistent with traditional gender stereotypes is necessarily
deceptive.
In September 2005, Lopez applied for the
position of scheduler with River Oaks Imaging and Diagnostic, a medical imaging
company in Houston. Lopez sent in her resume, was invited in for an interview,
completed a background check and drug test, and on October 4, 2005, she was
asked to start work as soon as possible.
On October 10, however, Lopez received
a phone call from River Oaks' human resources director and one of its employment
recruiters saying that River Oaks was rescinding its offer of employment because
of her "misrepresentation" of herself as a woman. Lopez was unable to
get her previous job back and was without employment for several months.
Lambda Legal filed I in the Southern
District of Texas in the Fifth Circuit of the federal court system. The lawsuit
charges that River Oaks violated Lopez's rights under Title VII of the Civil
Rights Act of 1964, the federal law prohibiting sex discrimination in
employment.
©365Gay.com 2008
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