Important Sex Discrimination Lawsuit

El’Jai Devoureau is legally a man. But because his boss had heard a rumour that he was transgender, she fired him from his job “watching men urinate into plastic cups at a drug treatment center”. He’s suing. It’s truly appalling that this isn’t just open and shut. He’s legally a man, and that should be the end of it. (Worse yet, he was fired on the basis of * a rumour*. Again, that should be the end of it all by itself.)

3 thoughts on “Important Sex Discrimination Lawsuit

  1. Why is it bad that a transgender man be unable to hold this job?
    Do we think it is bad that a woman is unable to hold this job?
    Suppose it is not bad that a woman is unable to hold this job.
    A transgender man shares certain features with a typical woman and certain features with a typical man. Perhaps the features that a transgender man shares with a typical woman are sufficient to make it reasonable to refuse to employ a transgender man in this job.

  2. Anon, it seems to me that this is a relatively straightforward legal issue. This person is legally a man. Moreover, according to the report, he was fired on the basis of a rumor!

    You ask which “features” transgender people share with typical women and which they share with typical men. But it’s not clear what you mean by “typical.” Indeed, depending on your definition, some (cisgendered) woman might fail to share features with the typical woman, and some (cisgendered) man fail to share features with the typical man. Do businesses conduct surveys before employing people for certain jobs in order to determine whether they are sufficiently like the typical member of their sex? Or do they rely on the legal declaration of sex when employing people for those jobs in which sex is deemed relevant in some way? Why ought this same standard not apply to all people?

  3. I think you’re both hitting on the same point. Whatever features of women make them unable to hold this particular job could certainly apply to transgender men, and presumably it is not the characteristic “legally a women” that makes it inappropriate. So if we suppose, as Anon says, that women ought not hold this job, then it’s feasible that transgender men ought not hold it either.

    The legal issues will, I hope, help this man win his case, but the idea that anyone could be fired from such a job over gender strikes me as ethically questionable.

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