A federal court in Maryland has dismissed claims of transgender discrimination filed by an IRS agent. Hart v. Lew, D. Md. No. 1:12-cv-03482 (February 6, 2015). The male-to-female transgendered agent alleged she was fired because of gender stereotyping bias.
The case arose when the agent, Sydney Hart, stopped coming to work in October 2009. Hart alleged she was ridiculed by co-workers and harassed by a supervisor who criticized her choice of mini-skirts. When Hart failed to come to work, the IRS issued her warnings that the failure report could result in discipline. Hart responded to each warning by writing “I wish to be fired.”
On May 20, 2011, Hart’s wish came true when the IRS fired her. Hart responded by filing a charge of discrimination and then a lawsuit, alleging the her transgender status motivated the IRS to end her employment. Judge Hollander of the United States District Court for the District of Maryland disagreed, finding that no reasonable jury could conclude that the IRS was motivated by discriminatory animus. Judge Hollander found that the IRS’s repeated warnings, combined with its willingness to let Hart go 18 months without coming to work before firing her, belied any discriminatory intent. As stated by the court, “[t]hese are not the actions of people just looking for a pretextual reason to fire someone.”
While the IRS prevailed in this matter, the fact remains that discrimination based on a plaintiff’s transgendered status is cognizable under federal., state, and local law. Employers need to handle these delicate situations with care, as a misstep can lead to expensive and protracted litigation.