Court allows sex discrimination claim against GE brought by transgender employee

The case could help create precedent for how US sex discrimination laws can be applied in situations of transgender discrimination and harassment.

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A federal court in Kentucky has ruled that GE must face a lawsuit brought against the company by Mykel Mickens, a former employee of the company who claims he was harassed and ultimately fired because he is transgender. The question of whether federal laws that prohibit workplace discrimination on the basis of sex are applicable to situations where a person’s gender identity, presentation or experience make them a target for discrimination does not have a clear-cut answer. However, Mr Mickens argues that he was harassed and ultimately fired for not conforming to the gender stereotypes expected of a person who was coercively assigned female at birth (CAFAB). As the US Court of Appeals for the Sixth Circuit has previously accepted transgender sex bias claims on the grounds of gender stereotyping, Mr Mickens’ argument was accepted and the case ordered to proceed.

Sources: Bloomberg BOL; WDRB

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