6th District court rules gender identity is protected by Title VII

Mykel Mickens

The Sixth District court ruled this week that transgender man Mykel Mickens, a former employee at GE Appliances in Louisville, can legally pursue sex-discrimination claims against the company after being fired in June.

The U.S. Court of Appeals for the Sixth Circuit, which includes Kentucky within its jurisdiction, has ruled transgender workers can pursue Title VII sex bias claims contained within the 1964 civil rights act if an employer discriminated based on their failure to conform with gender stereotypes.

Five other federal appeals courts also have allowed sex bias claims by transgender individuals based on the gender stereotyping theory, Shannon Minter, legal director of the National Center for Lesbian Rights told Bloomberg BNA Nov. 30.

Former GE employee Mykel Mickens plausibly alleged that the company permitted his colleagues to harass him and that it ultimately fired him because he didn’t conform to gender stereotypes about how someone born female should look and act, the district court said Nov. 29.

Among other things, Mickens claimed GE prevented him from using the men’s bathroom, consistent with his gender identity, and then disciplined him for absences caused by his need to use a more distant restroom.

Mykel Mickens made news when the Kentucky Moter Vehicle department denied his request to correct the gender marker on his driver’s license.

The steps needed to change gender markers in conservative states are, as a rule, not well defined and the process is often made more difficult by biased state employees. One transgender activist wrote about their success in navigating the Kentucky motor vehicle bureaucracy here.

WDRB 41 Louisville News

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Kelli Busey an outspoken gonzo style journalist has been writing since 2007. In 2008, she brought the Dallas Advocate on-line and has articles published by the Reconciling Ministries Network, The Transsexual Menace, The Daily Kos, Frock Magazine the TransAdvocate, the Dallas Voice and The Advocate. Kelli, an avid runner is editor in chief at Planet Transgender which she founded in 2007.

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2 Responses to 6th District court rules gender identity is protected by Title VII

  1. Summer Knuday December 6, 2016 at 8:17 am

    Give them hell Mykel. You have the right to be yourself.
    Almost 2017 and its just ridiculous that people with 1917 thinking still exist. That people who choose not to get over theyre petty differences WANT to add to the pain and suffering of others who have already been through a myriad of pain from gender dysphoria. With nearly any other defect/ailment/ disease/ imperfection people tend to be empathetic. But when it comes to the ones that apply to sex or gender all of a sudden people turn sour. People are so insecure with such a natural aspect of humanity, especially when it applies to an imperfection of the sex/gender aspect.
    Maybe one of these decades all of humanity will rise above chimpanzee level thinking and our trans family will have a thing or two to teach us.

    • Bobbie Lee Godsil December 13, 2016 at 3:40 pm

      Summer Knuday,
      Like your name. Clever, Happy.

      I enjoyed your spot on comment.

      We all know the sting of indifference from people who have often done terrible things and are often rewarded. Things that may even be illegal. Even multiple times. Still rewarded as heroes.

      Where we have only shed light on our deepest truth and are ostracized and shunned by the majority of society. Often to the point of hatred.

      Hypocriticism runs rampant in certain circles.
      Unfortunately many in those circles control much of the wealth, power, corporations and media.

      Thankfully there are many great and kind persons preserving the word of our constitution.
      Persons that will not be manipulated

      Your resolve is strong Mykel , you are improving lives 🙂