Georgia Court Finds for Transgender Employee

Another victory for the LGBT community! A Georgia Court found that the termination of Vandy Beth Glenn violated the Equal Protection Clause. Ms. Glenn was fired due to her transition from male to female which her manager determined would be “inappropriate, that it would be disruptive, that some people would view it as a moral issue, and that it would make Glenn’s coworkers uncomfortable.”

Lambda Legal filed the lawsuit in 2008 claiming that Ms. Glenn was treated unfairly due to her gender identity status.

From GA Voice:

Lambda Legal’s lawsuit, filed in July 2008, claimed that Glenn’s termination violated the Constitution’s Equal Protection guarantee because it treated her differently due to her nonconformity with sex stereotypes and her medical condition. After the State’s motion to dismiss failed, the two sides filed motions for summary judgment in September 2009. Using the high standard of scrutiny required for sex discrimination claims, the Court ruled that Georgia General Assembly officials violated the Constitution and discriminated against Glenn by terminating her for failing to conform to gender stereotypes. Using a lower standard of review, the Court rejected the second Equal Protection claim that Glenn was discriminated against on the basis of her medical condition.

The Court will reconvene on July 13 to determine what remedy should be due to Ms. Glenn.

Below is Ms. Glenns’s 2009 testimony speaking out in favor of HR 3017, the Employment Non-Discrimination Act which would prohibit discrimination based upon sexual orientation and/or gender identity.

You go girl!