Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2003

Western New England University School of Law

Media Presence

Articles 1 - 2 of 2

Full-Text Articles in Law

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn Jan 2003

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn

Media Presence

This Article discusses the difficulties involving divorce for married transgender women and men in the United States. For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices.

The Author suggest that the courts should point to the medical standards of care, which conclude that sex is determined by gender identity: the court then …


Protections For Transgender Employees, Jennifer L. Levi Jan 2003

Protections For Transgender Employees, Jennifer L. Levi

Media Presence

Many transgender employees routinely face demotions, unfavorable conditions of employment, and even discriminatory terminations--due not to job-related problems but to employers' discomfort with and animus against transgender people. Lawyers may look to several sources of law in order to redress the rights of transgender clients who face adverse treatment in such situations, including transgender-specific nondiscrimination laws, state and federal sex discrimination laws, and state disability laws. Although courts historically have found transgender people excluded from coverage under certain laws, developing case law supports the arguments of transgender employees who face workplace discrimination.