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In a landmark ruling, a federal court judge in Texas issued an opinion holding—unequivocally—that Title VII protects transgender individuals from discrimination based on their gender identity. Wittmer v. Phillips 66 Company, No., 4:2017-cv-02188 (S.D.Tex, April 4, 2018). The ruling is the first of its kind in Texas and will likely have a major impact in Texas workplaces. Indeed, recent studies have shown that approximately 430,000 workers in Texas identify either lesbian, gay, bisexual, or transgender (LGBT). Of that number, 79% of transgender workers in Texas have reported—either formally or informally—some kind of discrimination in the workplace, including harassment, discriminatory hiring practices, and promotion denials. Texas employers should take note of the recently-issued decision.
Continue Reading Texas Federal Court Rules That Anti-Discrimination Statute Protects Transgender Individuals

In Franchina v. City of Providence, 2018 WL 550511, 2018 U.S. App. LEXIS 1919 (1st Cir., Jan. 25, 2018), the First Circuit offered no sympathy to the City in its appeal of a jury award that found the City’s fire department liable for tormenting a former lieutenant on the basis of her sex. The court’s sentiments were readily apparent from the outset of its opinion, which admittedly “decline[d] to put out flames of the Department’s own making.”

Harassment at the Firehouse

In the underlying trial, the plaintiff testified at length about the workplace harassment she experienced, which began after a superior filed a complaint on her behalf about another firefighter’s sexual misconduct toward her. Following the harassing firefighter’s discipline, the plaintiff was exposed to escalating verbal and physical mistreatment. The plaintiff’s colleagues referred to her in derogatory terms, physically assaulted her, gave her poisoned meals, refused to cooperate in providing emergency care at the peril of civilian lives, and once even flung the blood and brain matter of a suicide victim into her face. Despite awareness of these incidents, the Department failed to intervene. On these facts, the jury awarded the plaintiff front pay in the amount of $545,000  and a separate figure for emotional damages.
Continue Reading Sex + Discrimination = Liability, Says First Circuit