Court Rules:

PA Transexuals Not Protected From Bias

In Your Face News Service


THE PENNSYLVANIA Commonwealth Court affirmed that a person discriminated against because of his or her transexual status is not protected by the Pennsylvania Human Relations Act (PHRA). The Lesbian/Gay Law Notes reports that in July 1992, Kristine Holt began a medically supervised transition from male to female, which necessitated that she begin dressing and presenting herself as a woman. She was subsequently transferred to another office and fired for allegedly violating the employer's dress code.

Holt filed a compliant alleging that her firing violated PHRA. The court ruled that Holt has no claim under the act. On appeal, Justice Pellegrini, writing for the majority, affirmed the trials court's decision. He ruled that a person seeking protection under PHRA must demonstrate a physical or mental disability that substantially limits one or more of life's major activities, and that transexualism does not fall within that definition.

In dissent, Justice Collins suggests that Holt should be allowed to make a case that she falls within the class protected by PHRA, contending that transexualism may be a physiological disorder that effects Holt's essential life activities and functions, which would make it applicable to the PHRA.


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