noting that "the Supreme Court has expressly recognized that claims based on an individual's failure to conform to societal expectations based on that person's gender constitute discrimination 'because of sex' under Title VII," and noting that the First, Sixth, Ninth, and Eleventh Circuits have held that based on the logic of Price Waterhouse , discrimination against transgender individuals based on their transgender status is discrimination because of sex under federal civil rights statutes and the Equal Protection Clause
How later courts described this case
- noting that "the Supreme Court has expressly recognized that claims based on an individual's failure to conform to societal expectations based on that person's gender constitute discrimination 'because of sex' under Title VII," and noting that the First, Sixth, Ninth, and Eleventh Circuits have held that based on the logic of Price Waterhouse , discrimination against transgender individuals based on their transgender status is discrimination because of sex under federal civil rights statutes and the Equal Protection Clause
- noting that Glenn, Rosa, Schwenk, and Smith"have all recognized that discrimination against a transgender individual based on that person's transgender status is discrimination because of sex under federal civil rights statutes"
- observing that the Supreme Court "has expressly recognized" that "failure to conform" to gender stereotypes constitutes sex discrimination under Title VII (citing Price Waterhouse, 490 U.S. at 250-51, 109 S.Ct. 1775 )
- agreeing “that discrimination . . . based on . . . transgender status is discrimination because of sex under federal civil rights statutes”
Written by the judges who cited it.
The opinion
ORDER
Upon consideration of submissions relative to the motion of appellant for stay pending appeal, the court denies the motion.
Entered at the direction of Judge Floyd. Senior Judge Davis wrote an opinion concurring in the denial of a stay pending the filing of, and action on, a petition for cer-tiorari. Judge Niemeyer wrote an opinion dissenting from the denial of a stay pending appeal.