for Women v. Hogan, 458 U.S. 718, 726, 102 S.Ct. In Knussman v. Maryland, the Fourth Circuit upheld liability under the Equal Protection Clause against an employer who prohibited an employee, the father of a newborn, from taking statutory leave as a “primary care giver” under the Family Medical Leave Act. at 645, 95 S.Ct. 2264 (stating test for intermediate scrutiny). Call us or submit your legal questions online, Brief of Appellee Vandiver Elizabeth Glenn (, Complaint for Declaratory and Injunctive Relief (, U.S. District Court Decision on Summary Judgment (, The Testimony on ENDA of Vandy Beth Glenn, Lambda Legal Plaintiff, Glenn v. Brumby (, Vandy Beth Glenn Biography for ENDA Testimony (, Sex and the Supreme Court: LGBTQ Workers Rights, Explained, 120 Wall Street, 19th Floor, New York, NY 10005. However, more than a rational basis is required in certain circumstances. In case of any confusion, feel free to reach out to us.Leave your message here. Glenn also claimed that her constitutional rights were violated because Brumby terminated her employment due to her medical condition, known as Gender Identity Disorder ("GID"). Id. 492 (9th Cir. ZIP Code . 1764, 36 L.Ed.2d 583 (1973) (plurality opinion). There is no federal law explicitly prohibiting discrimination against transgender people in employment, although many courts have held that transgender employees are protected under sex discrimination laws. On July 22, 2008, Lambda Legal brought a federal lawsuit against Georgia General Assembly officials on behalf of Glenn, asserting that her firing violated the Constitution’s equal protection guarantee because it treated her differently due to the nonconformity with gender stereotypes that she evidenced by her determination to live in accordance with her female gender identity. Please log in or sign up for a free trial to access this feature. 1775. Glenn and Brumby filed cross-motions for summary judgment. A plaintiff can show discriminatory intent through direct or circumstantial evidence. Id. 1775 (White, J., concurring); id. We conclude that a government agent violates the Equal Protection Clause's prohibition of sex-based discrimination when he or she fires a transgender or transsexual employee because of his or her gender non-conformity. We now turn to whether Glenn was fired on the basis of gender stereotyping. ORDER. In light of this decision, which provides Glenn with all the relief that she seeks, there is no need to address Glenn's cross-appeal. Vandiver Elizabeth Glenn was born a biological male. See Lewis v. Smith, 731 F.2d 1535, 1537-38 (11th Cir. 2264 (internal quotation marks omitted), that is, that there was a “sufficiently important governmental interest” for his discriminatory conduct, Cleburne, 473 U.S. at 441, 105 S.Ct.