Aimee Stephens Was Fired Because She Is Transgender. That’s Sex Discrimination.

Jeff Sessions and Donald Trump think federal law shouldn’t protect transgender people. They think it should be legal to fire someone just because she’s trans. Five federal appeals courts disagree. On Wednesday, the ACLU asked the Supreme Court to let stand one of those rulings, in the case of Aimee Stephens.

Aimee had worked at a funeral home in Detroit for nearly six years when she wrote a letter telling her boss and coworkers that she is transgender. Two weeks after she came out as a woman to her employer, he fired her -- not because of concerns about her job performance, but just because she is transgender.

When Aimee sued the funeral home for discrimination, its defense was that it was perfectly legal to fire her because she is transgender. It even argued that her complaint should be dismissed because Aimee Stephens never worked there. 

In March, the Court of Appeals for the Sixth Circuit ruled for Aimee, stating that discrimination against transgender people is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964, a law that protects employees from discrimination.   

That appeals court joined a growing consensus among federal courts on this issue. Five federal appeals courts, as well as dozens of lower federal courts, agree that anti-trans discrimination is a form of sex discrimination that violates federal law. Important federal agencies have issued decisions or regulations that say the same thing, including the Equal Employment Opportunity Commission, the Department of Health and Human Services, and the Department of Labor, among others. 

But the Trump administration disagrees. A year ago, Attorney General Sessions declared that transgender people would no longer be protected from sex discrimination under Title VII, changing the rules for all federal programs.  

The funeral home has asked the Supreme Court to review Aimee’s case, reverse the ruling in her favor, and declare that federal civil rights laws don’t protect transgender people.  On Wednesday, the ACLU filed a brief with the Supreme Court explaining why it should decline review and allow the ruling to stand. 

The Department of Justice also filed a brief with the court on Wednesday, in which it attacked the appeals court ruling for Aimee. While the department didn’t expressly call for the court to grant review in Aimee’s case, its sharp critique of the appellate ruling still sends a clear message that the administration opposes transgender equality.

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The Justice Department’s position in Aimee’s case is part of a much larger attack on transgender people by the Trump administration. As revealed in an article in The New York Times earlier this week, the administration is considering adopting a definition of the term “sex” in federal civil rights statutes that would intentionally exclude transgender people from protection. It would withdraw existing civil rights protections from millions of people all across America, and is a shameful, hate-filled move. 

But Trump and Sessions are facing a serious problem. No administrative rules, such as those the administration is reportedly considering, can override all the federal court rulings that have found anti-trans discrimination to be a form of sex discrimination that violates federal law.  

The issue now sits with the Supreme Court. It should recognize the rightness of those earlier court decisions and allow the ruling in Aimee’s case to stand. Her story shows why it’s simply wrong to fire someone because they are transgender.

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Amy Barnes

Is it just too much good sense to see a person for what they can do for an employer or client?? I don't understand why they had to fire her. Who cares what gender someone decides to choose?

Anonymous

How on earth can trans-status be a form of Sex Discrimination? It isn't. It is discrimination on the grounds of trans-identity. Aimee was discriminated upon for transitioning not for being a man (which is the Sex class a transwoman belongs to, in fact and law, at the early stages of transition.
The Trump Administration is not attacking trans people. It is just going to reinstate Sex as the definition of Title IX - as it should always have been had Obama not been lobbied by the richest transwomen in the country.
But Aimee' boss needs to have compelling reasons for sacking her, and declaring the start of her transition doesn't seem to be a good reason because even if the elderly patients said they wanted a woman to attend to their personal hygiene and they did not regard Aimee as fitting that bill (their body, their rules as far as I am concerned) there were other roles she could perform.

Anonymous

“Discrimination” is wrong . Society must move beyond such artificial considerations!!!!

AnonymouS

The word "Discrimination" seems to follow the same interpretation illusion that "Nationalist" does. It's an odd aspect of our language. I am a discriminating person, I review all the details, compare various contiguous references that influence my bias, and I am likely to be headstrong about my final position. But discrimination is also done in a way that is improper such as racism, chauvinism/sexism, or religious fanaticism that is not ever acceptable. Likewise, I fully accept that our national security is a priority, National baseball league is just a name, and Hebrew National hotdogs taste good; but Nationalism as a form of an autarky, a closed economy not allowing any external trade, is meant to concentrate economic success within borders -- bereft of free trade. This nationalism seems intent on a plutocracy for its ability to overwhelm, wrapping itself in the flag and genuflecting to its image during the National anthem.

Anonymous

How can there be a law protecting against sex discrimination if you can't clearly define what 'sex' is and it can mean whatever you want it to mean?

katelyn

Even if someone comes out as transgender they aren't any different then anyone else. I am doing a project in high school about transgender rights at work and i say a business should not have the right to fire someone for who they truly just because they don't like the persons life style. Transgenders are human too. So why can't they be themselves.

Based James

This is not an issue of discrimination at all. This is an issue of an employee violating the employers dress code. If "Aimee" was a woman this wouldn't have been an issue but obviously when applying for the job "Aimee" stated on his application that he is a male and furthermore I'm beyond certain that "Aimee's" birth certificate clearly states that he is a male. Case closed.

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