A valuable lesson on what’ll get you sued for sex discrimination

by Christian Schappel

This employee committed workplace misconduct and was fired. She even admitted to the misconduct. So why in the world was her sex discrimination lawsuit allowed to stand? 

Because, according to the U.S. Court of Appeals for the 11th Circuit, she’d presented enough evidence that her gender may have been a “motivating factor” in her termination.

Auto mechanic Jennifer Chavez claims that after she announced to her employer, Credit Nation Auto Sales, that she was transitioning from male to female that management was looking for a reason to get rid of her.

In support of her claims, Chavez said after she announced her intent to undergo gender transition surgery:

• Credit Nation’s president said he was “very nervous” about her gender transition and the “possible ramifications”
• the president said he thought Chavez would “negatively impact his business”
• Chavez was asked “not to wear a dress back and forth to work”
• she was told she needed to “tone it down” and not talk as much about her gender transition in the shop, and to be “very careful” because the president “didn’t like” the implications of Chavez’s planned gender transition.

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