Friday, May 21, 2021

T-Mobile Case Shows Transgender Workers Can Sue for Sex Discrimination—But With Burdens

by Angela Morris
The Texas Lawyer

Weiss, the plaintiff’s attorney, said that she is pleased the Fifth Circuit acknowledged that LGBTQ workers are protected under Title VII, but disappointed that the court didn’t scrutinize further whether Olivarez needed to allege facts about comparative employees.

“Every other circuit and even some Fifth Circuit panels have said a comparator is not strictly required,” explained Weiss, who did not represent Olivarez in the trial court but was hired for the appeal. “The Fifth Circuit has ben very narrowly adhering to that as a requirement and all the other circuits have said you don’t absolutely need that. If you have it, it is great; if you have other facts that show discrimination, that is fine too.”

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