Fighting Job Discrimination

In October 2005, 25-year-old Izza Lopez was offered a position with River Oaks Imaging and Diagnostic, a medical imaging company in Houston. Less than a week later a human resources representative called Lopez to rescind the offer, telling her she had "misrepresented" herself as a woman. Lopez could not return to her previous job and remained unemployed for several months as a result.

Now the case may be on its way to trial. Both Lambda Legal and River Oaks attorneys had asked the court for summary judgment, a ruling issued without trial based on undisputed facts, and were denied. Despite disappointment over the court's decision, Transgender Rights Attorney Cole Thaler is optimistic. "The court agreed that Izza never misrepresented herself in any sense, and rejected River Oaks' claim that transgender people have a duty to disclose their biological sex to employers," he said.

Furthermore, Judge Nancy Atlas' 31-page decision rejected River Oaks' claim that "any person who dresses in a manner inconsistent with traditional gender stereotypes is necessarily deceptive," adding that, "although Lopez listed only her adopted name on her resume, she listed both her adopted and legal names on her job application."

Transgender people are disproportionately vulnerable to discrimination because of widespread misunderstanding and misconceptions about them.  A growing number of employers prohibit discrimination based on gender identity and expression, and many transgender employees like Lopez have successfully advanced claims under existing sex discrimination laws.

Lambda Legal's lawsuit claims that River Oaks violated Lopez's rights under Title VII of the Civil Rights Act of 1964, the federal law prohibiting sex discrimination in employment. The next phase for the case is mediation. If no resolution is reached, it will move to trial.