VANDIVER ELIZABETH GLENN, f.k.a. Glenn Morrison, Plaintiff - Appellee, versus SEWELL R. BRUMBY, Defendant - Appellant., 663 F.3d 1312

Summary

The employee claimed the employer fired her because of sex discrimination. The employee also claimed that her constitutional rights were violated because the employer terminated her employment due to her medical condition, known as Gender Identity Disorder. The district court ruled against the employee on this claim, granting summary judgment to the employer. The employer testified at his deposition that he fired the employee because he considered it inappropriate for her to appear at work dressed as a woman and that he found it unsettling and unnatural that the employee would appear wearing women's clothing. The employer admitted that his decision to fire the employee was based on the sheer fact of the transition. The employer's testimony provided ample direct evidence to support the district court's conclusion that the employer acted on the basis of the employee's gender non-conformity. The employer advanced no reason that could qualify as a governmental purpose, much less an ...