Krystal S. ETSITTY, Plaintiff-Appellant,
v.
UTAH TRANSIT AUTHORITY; Betty Shirley, in her individual and official capacities, Defendants-Appellees.
American Civil Liberties Union; American Civil Liberties Union of Utah; Lambda Legal Defense and Education Fund, Inc.; National Center for Lesbian Rights; National Center for Transgender Equality; The Transgender Law and Policy Institute; Transgender Law Center; Equal Employment Advisory Council, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 20, 2007.
September 20, 2007.
Attorney(s) appearing for the Case
Erik Strindberg (Ralph E. Chamness and Erika Birch, with him on the briefs), Strindberg Scholnick & Chamness, LLC, Salt Lake City, UT, for Plaintiff-Appellant.
Scott A. Hagen (Michael E. Blue with him on the brief), Ray Quinney & Nebeker, Salt Lake City, UT, for Defendants-Appellees.
Rose A. Saxe and James D. Esseks, American Civil Liberties Union Foundation and Lesbian & Gay Rights Project, New York, NY; Margaret Plane, American Civil Liberties Union Foundation of Utah, Inc., Salt Lake City, UT; Cole Thaler, Lambda Legal Defense & Education Fund, Inc., Atlanta, GA; Shannon Minter, National Center for Lesbian Rights, San Francisco, CA, on the brief for American Civil Liberties Union, American Civil Liberties Union of Utah, Lambda Legal Defense & Education Fund, Inc., and National Center for Lesbian Rights; as Amici Curiae in Support of Plaintiff-Appellant.
Kathryn Kendell, San Francisco, California, and Christopher W. Daley, Transgender Law Center, San Francisco, CA, on the brief for National Center for Transgender Equality, Transgender Law and Policy Institute, and Transgender Law Center as Amici Curiae in Support of Plaintiff-Appellant.
Ann Elizabeth Reesman and Laura Anne Giantris, McGuiness Norris & Williams, LLP, Washington, DC, for Equal Employment Advisory Council, on the brief for The Equal Employment Advisory Council as Amici Curiae in Support of Defendants-Appellees.
Before HENRY and MURPHY, Circuit Judges, and FIGA, District Judge.
United States Court of Appeals, Tenth Circuit.
MURPHY, Circuit Judge.
I. Introduction
Krystal Etsitty, a transsexual and former employee of Utah Transit Authority ("UTA"), sued UTA and Betty Shirley, her former supervisor, pursuant to 42 U.S.C. § 2000e-2(a)(1) ("Title VII") and 42 U.S.C. § 1983. In her complaint, she alleged the defendants terminated her because she was a transsexual and because she failed to conform to their expectations of stereotypical male behavior. She alleged that terminating...
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