Seven women who formerly held managerial positions in Chipotle restaurants in the greater Cincinnati, Ohio area were terminated. They filed a lawsuit alleging federal and state claims for sex discrimination. In one of the cases, the fired woman was replaced by a transman. Chipotle attempted to assert that replacing a woman, Cristie R. Reynolds, with a transman, Cole Hundley, demonstrated no sex discrimination, because transmen are actually female, as such:
“Chipotle also contends that Reynolds was replaced by a woman, and she has not shown that similarly-situated males were treated more favorably. Reynolds responds that Hundley self-identified as a male and should be treated as such for purposes of the prima facie claim.”
The court allowed the lawsuit to proceed over Chipotle’s motion for summary judgment.