Comments on: City Manager Fired Over Gender Reassignment http://www.ere.net/2007/02/28/city-manager-fired-over-gender-reassignment/ Recruiting News, Recruiting Events, Recruiting Community, Social Recruiting Tue, 14 Feb 2012 01:03:49 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Denise E. http://www.ere.net/2007/02/28/city-manager-fired-over-gender-reassignment/comment-page-1/#comment-2547 Denise E. Thu, 01 Mar 2007 02:05:00 +0000 http://www.ere.net/2007/02/28/city-manager-fired-over-gender-reassignment/#comment-2547 There actually *is* case law supporting the idea that someone undergoing a transistion such as Ms. Stanton would be protected under the Title VII prohibition against sex discrimination. Although not binding on Florida (the most recent decisions come out of the 6th Circuit in the midwest), it would be persuasive. I don't think that Ms. Stanton's gender identity is a function of lifestyle and, moreover, believe it would have no effect on her ability to perform and see no conflict of interest between her gender and her job. There actually *is* case law supporting the idea that someone undergoing a transistion such as Ms. Stanton would be protected under the Title VII prohibition against sex discrimination. Although not binding on Florida (the most recent decisions come out of the 6th Circuit in the midwest), it would be persuasive.

I don’t think that Ms. Stanton’s gender identity is a function of lifestyle and, moreover, believe it would have no effect on her ability to perform and see no conflict of interest between her gender and her job.

]]> By: Deborah Jones http://www.ere.net/2007/02/28/city-manager-fired-over-gender-reassignment/comment-page-1/#comment-2543 Deborah Jones Wed, 28 Feb 2007 11:07:00 +0000 http://www.ere.net/2007/02/28/city-manager-fired-over-gender-reassignment/#comment-2543 The "at will" status referenced keeps the courts from snarling from every "wrongful termination" lawsuit that might come up. Because no one ever feels that their firing was "right". I think we can all agree that sexual orientation and gender issues should not play a part in candidate selection or retention, but I also think there are likely some case references to be made for when lifestyle is perceived to interfere in someone's ability to carry out the duties, responsibilities, accountabilities, and purpose of the job in question. Could that have been the case here? A city manager, for example, would need to avoid even the appearance of conflict of interest on a large number of fronts. Could it be that the lifestyle of this person caused a conflict of interest? The “at will” status referenced keeps the courts from snarling from every “wrongful termination” lawsuit that might come up. Because no one ever feels that their firing was “right”. I think we can all agree that sexual orientation and gender issues should not play a part in candidate selection or retention, but I also think there are likely some case references to be made for when lifestyle is perceived to interfere in someone’s ability to carry out the duties, responsibilities, accountabilities, and purpose of the job in question. Could that have been the case here? A city manager, for example, would need to avoid even the appearance of conflict of interest on a large number of fronts. Could it be that the lifestyle of this person caused a conflict of interest?

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