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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