5th Circuit: Transitioning worker’s Title VII lawsuit fails

As you know, Bostock is the SCOTUS decision telling us that sexual orientation and transgender status are protected traits within the classification of “sex” under Title VII of the Civil Rights Act of 1964. But does the decision further change the law in other respects? Will Texas cases from federal courts interpreting Bostock find it changed the law in other ways? We have an answer (sort of) from the U.S. 5th Circuit Court of Appeals, whose rulings apply to all Texas employers. Read on.

Lead-up to termination

Elijah Anthony Olivarez was transitioning while working as an employee at a T-Mobile store in Houston. His tenure was a short one, from December 21, 2015, to April 27, 2018.

In 2016, Olivarez claimed his supervisor made fun of his transgender status. He complained to HR and believed his hours were reduced because of the complaint. At some point, he took an approved leave for medical procedures related to the transitioning. The leave expired on February 18, 2018. He sought an extension until March 2018, but it was denied.

Apparently, Olivarez stopped coming to work, and T Mobile fired him on April 27, 2018. Litigation ensued with a claim the employer violated Title VII post-Bostock by discharging him because of his transgender status.

‘Houston, we have a problem’