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LOU CHIBBARO JR
Friday, August 22, 2008
A
trial
began
Tuesday
in
Washington
in
a
lawsuit
charging
the
Library
of
Congress
with
engaging
in
sex
discrimination
by
refusing
to
hire
a
transgender
woman
as
an
anti-terrorism
expert.
Transgender
advocacy
groups
were
hopeful
that
U.S.
District
Judge
James
Robertson,
who
is
presiding
over
the
non-jury
trial,
would
rule
in
favor
of
plaintiff
Diane
Schroer,
who
was
initially
hired
by
the
library’s
Congressional
Research
Service
Division
for
a
post
as
senior
terrorism
research
analyst.
Schroer
applied
for
the
position
under
her
former
name,
David
Schroer,
and
appeared
for
her
interview
in
male
clothing.
Library
of
Congress
officials
later
rescinded
their
decision
to
offer
the
job
to
Schroer
after
she
informed
her
supervisor
that
she
was
transitioning
to
a
woman
and
would
begin
her
job
using
her
new
name
and
as
a
woman
dressed
in
traditional
female
attire.
In
December,
Robertson
denied
a
motion
by
the
Library
of
Congress
to
dismiss
Schroer’s
lawsuit
on
grounds
that
federal
non-discrimination
laws
don’t
cover
transgender
persons.
The
ruling,
hailed
by
gay
and
transgender
activists,
says
Title
VII
of
the
U.S.
Civil
Rights
Act
of
1964
appears
to
cover
transgender
persons
under
its
provision
banning
discrimination
based
on
sex.
“Title
VII
is
violated
when
an
employer
discriminates
against
any
employee,
transsexual
or
not,
because
he
or
she
had
failed
to
act
or
appear
sufficiently
masculine
or
feminine
enough
for
the
employer,”
Robertson
says
of
that
ruling.
Attorneys
with
the
American
Civil
Liberties
Union,
who
are
representing
Schroer,
have
said
Robertson
must
weigh
the
facts
presented
by
both
parties
in
the
case
to
determine
whether
the
Library
of
Congress
violated
Title
VII
in
its
refusal
to
hire
Schroer.
In
testimony
at
the
trial
on
Tuesday,
Schroer
said
she
now
operates
a
consulting
firm
and
has
won
contracts
from
U.S.
Department
of
Defense,
the
Coast
Guard,
and
other
federal
agencies.
She
said
the
agencies’
decision
to
hire
her
as
a
contractor
demonstrates
that
they
don’t
consider
her
status
as
a
transgender
person
an
impediment
to
her
performing
defense-related
duties.
In
documents
filed
in
court,
the
Library
of
Congress
noted
that
the
official
who
decided
not
to
hire
Schroer
expressed
concern
that
her
transgender
status
could
prevent
her
from
retaining
a
security
clearance.
The
official,
Charlotte
Preece,
also
expressed
concern
that
Schroer’s
transgender
status
could
hinder
her
professional
relationships
with
military
intelligence
officials,
with
whom
she
would
be
working
in
her
position
as
a
senior
terrorism
analyst.
The
trial
was
expected
to
last
until
next
week,
with
Robertson
expected
to
take
an
additional
period
of
time
to
deliberate
over
his
decision.
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