USA: Federal judge allows transgender discrimination claims against Georgia county to continue

Chief Judge Marc Treadwell of the US District Court for the Middle District of Georgia began her 37-page opinion by addressing the Sheriff’s Office’s Sovereign Immunity affirmative defense. She concluded that the Sheriff’s Office failed to show it was acting as “an arm of the state” and denied the motion to dismiss.

The judge also reviewed the Defendants’ motion to dismiss for failure to state a claim under Title II of the Americans with Disabilities Act (ADA). According to the court, Lange sufficiently plead her gender dysphoria as a disability under the act. However, the court ultimately granted the motion to dismiss the ADA claim “[b]ecause the [health insurance] Plan [was] equally available to all employees and Lange [] pleaded no facts suggesting otherwise.”

Finally, Judge Treadwell dismissed Lange’s Rehabilitation Act claim and her Federal Equal Protection claims against the Sheriff individually as well as the other county employees. Though the court dismissed those claims, it allowed Lange’s sex discrimination claims under Title VII to go forward, citing Bostock v. Clayton County. Lange’s ADA Title I and Federal Equal Protection claims against both the county and Sheriff’s Office were also allowed to continue.

The post Federal judge allows transgender discrimination claims against Georgia county to continue appeared first on JURIST – News – Legal News & Commentary.