In Wittmer v. Phillips 66, Judge James Ho of the Fifth Circuit wasted no time stating the Fifth Circuit’s position on whether sexual orientation or transgender status are protected classes under Title VII – they are not. Interestingly, however, the defendant did not even raise that as a defense. In fact, the lower court
The Continuing “Trans-formation” of Title VII: Texas Federal Court Holds Transgender People Have Title VII Protection
A Texas district court recently held, for the first time in the Fifth Circuit, that transgender people are a protected class under Title VII—but the plaintiff still lost her case. In Wittmer v. Phillips 66 Company, the Houston-based federal court relied on recent opinions from the Second and Sixth Circuits to hold that the
Sixth Circuit to Employers: No ‘Magic Words’ Make a Sex Discrimination Complaint Title VII Protected Activity
Employers beware: An employee does not have to use “magic words” to complain about discrimination for it to lay the basis for a retaliation claim. The Sixth Circuit made this point in a unanimous opinion in the case of Mumm v. Charter Township of Superior.
Facts
Susan Mumm complained to her employer, the Township,