Case Study:
PER CURIAM…. Sommers claims to be “female with the anatomical body of a male.”* Inasmuch as Sommers refers to herself in the feminine gender, this court will likewise do so. As Audra Sommers, appellant was hired by Budget on April 22, 1980, to perform clerical duties. On April 24, 1980, Sommers’s employment was terminated. Budget alleged Sommers was dismissed because she misrepresented herself as an anatomical female when she applied for the job. It further alleged that the misrepresentation led to a disruption of the company’s work routine in that a number of female employees indicated they would quit if Sommers were permitted to use the restroom facilities assigned to female personnel. After exhausting administrative remedies, Sommers brought action against Budget, alleging that she had been discharged on the basis of sex in violation of Title VII of the Civil Rights Act of 1964…. … Sommers’s amended complaint claimed she had been discriminated against because of her status as a female, that is, a female with the anatomical body of a male, and further stated that sexual conversion surgery had not been performed. Sommers nonetheless argued that the court should not be bound by the plain meaning of the term “sex” under Title VII as connoting either male or female gender, but should instead expand the coverage of the Act to protect individuals such as herself who are psychologically female, albeit biologically male. In response, Budget argued that Title VII provided no relief for a person like Sommers. … The court entered summary judgment in favor of Budget. Sommers contends on this appeal that the district court erred in concluding that Title VII coverage did not extend to those discriminated against because of their transsexuality and therefore erred in awarding summary judgment to Budget. We disagree. … Although this circuit has not previously considered the issue raised on this appeal, we are in agreement with the district court that for the purposes of Title VII the plain meaning must be ascribed to the term “sex” in absence of clear congressional intent to do otherwise. Furthermore, the legislative history does not show any intention to include transsexualism in Title VII. The amendment adding the word “sex” to the Civil Rights Act was adopted one day before the House passed the Act without prior legislative hearing and little debate. It is, however, generally recognized that the major thrust of the “sex” amendment was towards providing equal opportunities for women. Also, proposals to amend the Civil Rights Act to prohibit discrimination on the basis of “sexual preference” have been defeated. Three such bills were presented in the 94th Congress and seven were presented to the 95th Congress. Sommers’s claim is not one dealing with discrimination on the basis of sexual preference. Nevertheless, the fact that the proposals were defeated indicates that the word “sex” in Title VII is to be given its traditional definition, rather than an expansive interpretation. Because Congress has not shown an intention to protect transsexuals, we hold that discrimination based on one’s transsexualism does not fall within the protective purview of the Act. We are not unmindful of the problem Sommers faces. On the other hand, Budget faces a problem in protecting the privacy interests of its female employees. According to affidavits submitted to the district court, even medical experts disagree as to whether Sommers is properly classified as male or female. The appropriate remedy is not immediately apparent to this court. Should Budget allow Sommers to use the female restroom, the male restroom, or one for Sommers’s own use? Perhaps some reasonable accommodation could be worked out between the parties. The issue before this court is not whether such an accommodation can be reached. Rather, the issue is whether Congress intended Title VII of the Civil Rights Act to protect transsexuals from discrimination. As explained above, we hold that such discrimination is not within the ambit of the Act. The decision of the district court granting summary judgment in favor of the employer is affirmed.
Q1. Does the Title VII ban on sex discrimination encompass discrimination based on transsexualism?
Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.