United States Fifth Circuit

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Wittmer v. Phillips 66 Co., 18-20251

Held that the district judge erred in concluding that Title VII prohibits discrimination based on transgender status. While the judge had located no contrary circuit precedent on point, the Fifth Circuit suggested that a 1979 decision covers the matter. Ultimately, the panel affirmed summary judgment for the employer on other grounds.

Appellate Information

  • Decided
  • Published 2019/02/06


  • Ho


  • United States Fifth Circuit


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