Etsitty v. Shirley (USA)

In 2007, the Tenth Circuit ruled that a transsexual is not protected by Title VII as a class and that this particular plaintiff could not establish “Price Waterhouse” gender non-conformity discrimination.

Krystal Etsitty worked for the Utah Transit Authority as a bus driver when she began to transition from male to female.  She could not afford genital reassignment surgery, so she retained her male genitalia while she began to dress in a more feminine manner and started using women’s restrooms.  Etsitty’s trouble stems from her use of women’s restrooms along her bus routes, which ultimately led to termination of her employment.  Her supervisors claimed that she was fired due to their concern about the possibility of public concern and potential liability stemming from Etsitty’s use of women’s restrooms while retaining male genitalia.

The National Center for Lesbian Rights filed an amicus brief in support of Etsitty.

Sexual Orientation and the Law Blog_ 10th Circuit Denies Title VII Protection to Transsexual Plaintiff.

Etsitty Lawsuit Dismissed.

Etsitty v. Shirley.

One thought on “Etsitty v. Shirley (USA)

  1. “Honestly, how would such a thing happen? I have never viewed another woman’s private
    parts while using the restroom. Why not? Because women’s restrooms have stalls!
    Unlike male restrooms, where individuals use either a stall or standing urinal (where genitalia
    might be public), women’s restroom stalls are quite private. ”

    If this will make this person happy, put stalls in men’s restrooms. Since he still has his penis, he needs to use the men’s restroom. So, this man who “identifies as a woman” and still has his penis used women’s restrooms along his bus route. He would park the bus and pop into a place with a restroom and use the women’s restroom even though he still has male genitalia.

    As to “stalls are quite private”, the stalls don’t go all the way to the floor, and it’s easy to peek through the cracks. If Etsitty urinates standing up facing the toilet, women are going to notice the huge feet under the stall wall and the fact that he is standing facing the toilet.

    Sometimes the flimsy latch on the stall door doesn’t work, and I’ve had women accidentally walk in one me while I was pulling up my underwear. There have been times when I’ve had to try and hold the door close with my foot.

    Every now and then women hike up their skirt or change a blouse in the women’s restroom. This is very difficult to do in a stall.

    “In other words, do they think that simply because she is in transition she will flaunt her male
    genitalia for all to view in the restroom? I think not. Why? Because transsexuals generally
    would rather be seen as their transition sex/gender, not a mix.”

    Evergreen State College Campus Police Report

    Francis definitely had male genitalia. Scroll on down and see where it says, “her male genitalia”. This campus police report says, “her legs open with her male genitalia showing “.

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