The Engage Family Blog

Official Blog of The Family Policy Council of West Virginia

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Several years ago, David Schroer, a former Army special forces soldier, applied for a job with the Congressional Research Service of the Library of Congress. Wowing his interviewers, Schroer was immediately offered the job. Just before he began his job, he informed the person who hired him that he was “transitioning” and would be showing up to work, not as David Schroer, but as Diane.

Feeling a bit deceived, not to mention flabbergasted, the hiring official rescinded the job offer. Diane…er…David filed a lawsuit alleging a violation of his civil rights. Last week, U.S. District Judge James Robinson found the Library of Congress guilty of sex discrimination.

Note: it is important to note that the court found the government guilty of sex discrimination, in that (a) whatever discrimination that occurred was premised on David’s sexual orientation since he is yet biologically a man (according to reports) and (b) Federal law does not yet recognize “sexual orientation” as a civil right. At least, not yet.

Said Judge Robinson:

In refusing to hire Diane Schroer because her appearance and background did not comport with the decisionmaker’s sex stereotypes about how men and women should act and appear, and in response to Schroer’s decision to transition, legally, culturally, and physically, from male to female, the Library of Congress violated Title VII’s prohibition on sex discrimination.

With that, Judge Robinson set precedent (which is being appealed) that men pretending to be women may retrieve protections typically reserved for acts of racism, age discrimination, glass ceilings, sexual harassment, and religious discrimination.

It should be noted that this is the precise scenario that can be expected in WV should bills like S.B. 600 from this year’s legislative session pass. What is unclear, given that the Federal government has not made “sexual orientation” a civil or human right (yet), is whether a similar circumstance might be actionable here in West Virginia.

For more, click here to read the AP’s report of the story. To read the actual decision by Judge Robinson, click here (opens PDF document).

Finally, consider the video below, a work of (Note: Links to websites outside of the FPC does not constitute an endorsement of the content or messages thereon).

Written by Jeremy Dys

September 24, 2008 at 2:51 pm

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