Fabian v. Hosp. of Cent. Conn. — Mar. 2016 (Summary)

TITLE VII

Fabian v. Hosp. of Cent. Conn.
No. 3:12-CV-1154 (SRU) (D. Conn. Mar. 18, 2016)

The United States District Court for the District of Connecticut denied a hospital’s motion for summary judgment on Title VII discrimination claims made by an orthopedic surgeon. The surgeon was a transgender woman who alleged that the hospital declined to hire her because she disclosed her identity as a transgender woman.  The court was faced with the question of whether the surgeon was an employee and subject to the protections of Title VII, and if Title VII applied to transgender identity.

The court denied summary judgment to the hospital on the basis of the surgeon not being an employee.  The court ruled that the hospital had not shown, as a matter of law, that the surgeon was not an employee.

The court also concluded that Title VII applies to transgender identity because it is equivalent to discrimination “because of sex.” The court went on to conclude that whether the hospital discriminated against the surgeon on the basis of her gender identity is a question for a jury.