It's been over a month, almost two in fact, since I was "Let go" from my employment with Walmart as a door greeter. I've been trying to find legal representation but it seemed that, although each firm considered my case to be good, none wanted to take it and would not say "Why?"
It was quite by accident that I figured out the answer myself.None of the lawyers I contacted would divulge this information, nor are they required to.Go figure? In the state of Texas one must first file a case with the EEOC, Equal Employment Opportunity Commission. After they review the case to see if it has merit they will decide to grant permission that allows a person to file a civil suit or not. It is entirely their call. So much for giving "power to the people". I suppose this is done to limit the amount of frivolous lawsuits that actually make their way to the civil courts. I guess their are a lot of disgruntled employees out there that file suit for no good reason.
The fact is: Employers have the right to terminate an employee for any reason. The only exceptions being: Not if that reason involves a person that is considered a part of a protected classification and the reason is because of that particular classification.
The first thing I had to research was "Am I a part of a protected classification?". The answer being "Yes" and "No." Go figure?
According to the EEOC "Transgendered and Gender Identity" is covered under federal Equal Employment Opportunity Laws and Title 7 anti-discrimination statutes. However, there has never been any successful litigation in the state of Texas in regards to Title 7. Most legal firms will avoid these suits because they know it is a "No Win Scenario".
When i accepted employment at Walmart did I tell them that I was "Transgendered"? No. Being transgender should have had no relationship on my abiltiy to perform the duties of the position that I was being hired for. Absolutely none. I had been an employee of this company before, in Iowa, so such information was already readily available
to my employer had they looked for it.
I did not ask for, nor do I require, any special treatment by any potential employer. Don't need it. Don't want it. Not required. I can handle myself just fine.
I've worked for a couple of fortune 500 companies before and never had a problem.
If I was, for example, African American would I be required to state as much to my employer before they realized that to terminate me for being African American is "Not Legal"? I would hope not.
Does that fact that "I have opted not to continue my transition towards the inevitable conclusion of sexual reassignment surgery" have any merit on wither or not I am in fact a part of a protected classification or not? That remains to be seen. My opinion is that it should not.
Sounds like a slippery slope doesn't it? Most legal arguments are.
I have 180 days to file this case with the EEOC.