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Originally Posted by mulattogyrl
OK, now this makes sense to me and my non-law mind, because when I see 'transgendered' I automatically think it has something to do with gender. But I guess it's not the 'gender' that's being discriminated against, but the fact that the gender is changing?  Either way, this is interesting stuff, lol. |
Kind of.
The basis for enacting the anti discrimination statute was to eliminate discrimination in employment based on characterstics that at the time were immutable - like race, gender, sex- national origin. Religion was added later. Because courts tend to interpret statutes based on Congressional intent - the belief is that when the statute was enacted, gender meant discrimination based on what you are biologically, not something you made a decision to change into. But like most laws, because our society is constantly changing, the laws tend to be interpreted to address societal changes . . .problem is that all judges don't think like this Judge in DC and tend to be pretty conservative and will go with Congress's intent when the statute was inacted . . . .
Sorry for turning this forum into a law class - but I was interested in seeing what others thought about this issue.