Clinton Rusthoven filed two separate pro se employment discrimination cases in Montana. In the complaints, he raises a variety of allegations, including discrimination under Title VII. The court recently dismissed one of his lawsuits. In dismissing his lawsuit against Victor School District #7, the court noted that Rusthoven asserted that he is “bi-gender.” However, Rusthoven alleged “no facts, including in his objections, which support a plausible claim that he experienced a non-trivial adverse employment action, or that (the) Defendant discriminated against him because of his gender identity.” In his objection to the school district’s motion to dismiss, Rusthoven “provided unauthenticated photos ostensibly supporting this claim.” The photos show him wearing a dress.
The fact that a Man wears a dress is not sufficient to assert a claim for employment discrimination.