5th Circuit rejects fired transgender employee's discrimination claim

An employer wasn't liable to a former employee who alleged he was terminated because he was transgender, the 5th Circuit recently ruled, upholding a Houston federal district court decision. The appeals court said the former employee failed to allege he was treated differently than cisgender employees. The court's opinion offers guidance on an emerging area of employment discrimination law in light of a recent important U.S. Supreme Court decision.

Employee says supervisor made demeaning comments

Elijah Olivarez worked as a T-Mobile retail store associate from December 2015 until his termination on April 27, 2018. In the first half of 2016, he filed a complaint with the company's HR department alleging a supervisor had made demeaning comments to him about his transgender identity. He claimed the employer reduced his hours to part-time for making the complaint.

Nearly a year later, in September 2017, Olivarez stopped going to work to undergo surgery. He requested leave from September to December 2017.

The company administering T-Mobile's leave programs granted Olivarez unpaid leave from September 23 to December 17, along with paid medical leave from December 17 to December 31. At the beginning of 2018, the company extended the leave until February 18, 2018, and then denied further requests for an extension and terminated his employment.