Partner in Charge
Russell Cawyer's blog post—entitled “Fifth Circuit Affirms Summary Judgment for Employer in Transgender Title VII Case” and published on the Texas Employment Law Update—addresses the claim of employment discrimination based on transgender status. In Wittmer v. Phillips 66, the Fifth Circuit affirmed the judgment for the employer, but wrote to reject the district court’s summary conclusion that Title VII prohibits employment discrimination on the basis of transgender status. Last April, U.S. District Judge Lee Rosenthal ruled in a landmark decision for Texas that Title VII protects transgender individuals from sex discrimination. Rosenthal also ruled that Wittmer’s case did not sufficiently allege sex discrimination and that Phillips had put forth a legitimate, nondiscriminatory, and non-pretextual reason for rescinding the job offer.