Commentary and Rewritten Opinion for Etsitty V. Utah Transit Authority (10th Cir. 2007)
Feminist Judgments: Employment Discrimination Opinions Rewritten (Ann McGinley & Nicole Porter eds., Cambridge University Press 2019), Forthcoming
29 Pages Posted: 11 Jun 2019
Date Written: May 24, 2019
The rewritten opinion of Etsitty v. Utah Transit Authority finds that discrimination against transgender persons is sex discrimination under Title VII; that Title VII’s protection of those who fail to conform to gender stereotypes extends to bathroom use; and that transgender persons are a protected class of persons for Equal Protection purposes. The commentary discusses both the original opinion by the United States Court of Appeals for the Tenth Circuit in 2007 and the feminist rewritten opinion.
Keywords: Transgender, Title VII, Equal Protection, Bathroom, Restroom, Discrimination, Civil Rights
JEL Classification: K00
Suggested Citation: Suggested Citation