The New York Times reports that a New Jersey man, El’Jai Devoureau
– who was born a woman – has filed a ground breaking
transgender discrimination lawsuit. At issue is whether he is considered a “man.”
Devoureau – a urine monitor at a drug treatment center – was
fired because his employer claimed being male was a job requirement, implying
that because Devoureau was transgender, he wasn’t really a man.
Devoureau has identified himself as a male for his entire life and in
2006, began taking male hormones and had sex-change surgery.
New Jersey is one of a handful of states that ban transgender discrimination.
Continued efforts have been made to pass the Employment Nondiscrimination
Act (ENDA) banning
workplace discrimination based on sexual orientation and gender identity, with the latest bill
introduced to the U.S. House of Representatives this past March.
Here, questions exist concerning whether being male is a bona fide occupational
qualification for this job, whether Devoureau is legally considered a
male, and whether his dismissal was motivated by a discriminatory intent
Employment discrimination in any form is wrong. As
Atlanta employee’s rights attorneys dedicated to improving tolerance in the workplace, we are hopeful that
congress passes ENDA in order to provide greater protection.
For more information or if you believe you have suffered any type of work
place discrimination please contact the experienced
Georgia worker’s rights lawyers at The Buckley Law Firm, LLC.