Nicole Wittmer brought her case before a court. Nicole is a trans woman victim of discrimination in hiring by energy company Phillips 66.
The judge's decision is not going to change the law. It adds to a growing list of similar rulings that could one day lead the case on LGBTQ discrimination to the Supreme Court.
Judge Rosenthal has also indicated in the Morning News that she has taken into account previous decisions: “Within the last year, several circuits have expanded Title VII protection to include discrimination based on transgender status and sexual orientation,” she wrote. “Although the Fifth Circuit has not yet addressed the issue, these very recent circuit cases are persuasive. ... The court assumes that Wittmer's status as a transgender woman places her under the protections of Title VII.”
The circuits she is talking about are the second, seventh and sixth circuits.
The second circuit (New York, Vermont, and Connecticut) and the seventh circuit (Illinois, Indiana, and Wisconsin) found that Title VII bans discrimination based on sexual orientation.
The sixth circuit (Michigan, Ohio, Kentucky, and Tennessee) ruled that the Title prohibited discrimination based on gender identity.
Here is a new judge who says that Title VII bans discrimination against LGBTQ+ people and she's in Texas!
Photo by Yi-Chin Lee/Houston Chronicle via AP