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.