While those who are LGBT have won important legal victories in recent years, LGBT employees still lack full protection against discrimination in the workplace. However, NachtLaw attorneys can help LGBT employees to claim that they are being discriminated against on the basis of their gender, including transgender employees, or because employees fail to conform to gender norms and stereotypes under the Supreme Court’s Price v. Waterhouse precedent.
NachtLaw recently won an important victory in this regard, defeating an employer’s motion to dismiss the claim of a terminated lesbian employee. The court held that there was a factual issue as to whether the employer terminated the employee because she did not conform to the stereotypical behavior of the other women in the workplace. After the judge denied the motion to dismiss, the case settled on confidential terms.
The case is Winkler vs. Marist Fathers of Detroit, Inc.