Fabian v. Hospital of Central Connecticut (USA)

Connecticut District Court Judge Stefan R Underhill has issued a decision to deny the Defendant’s motion for summary judgment in Fabian v Hospital of Central Connecticut (“HCC”).  David Fabian is a man who identifies as a woman known as Deborah Fabian.  According to Fabian, “she was very nearly hired by the HCC as an on-call orthopedic surgeon for it’s Emergency Department.”  After disclosing plans to begin “presenting as female” and use the name Deborah, Fabian “learned that she would not be hired, and she alleges that she would have been except for her disclosure of her identity as a transgender woman.”  HCC filed a motion for summary judgment, on the grounds that they had “legitimate nondiscriminatory reasons not to hire Fabian” and that even if they had hired Fabian “it would not have been her ‘employer’ under Title VII” due to Fabian’s status as an independent contractor with a third party, and finally, that “transgender is not a protected status under Title VII.”  Following a very informative and interesting discussion of Title VII of the Civil Rights Act as it applies to sex and gender identity, the judge denied that motion, concluding that “Employment discrimination on the basis of transgender identity is employment discrimination “because of sex” and constitutes a violation of Title VII of the Civil Rights Act,” and also, “Whether the Hospital discriminated against Deborah Fabian on the basis of her gender identity is a question for a jury.”

Fabian v. Hosp. of Cent. Conn