Yes, the employer discriminated against “David” in withdrawing the job offer. It was evident that “David” was over qualified for this position based upon the unanimous recommendation he received from the selection committee. The fact that the hiring managers language and decision immediately changed soon as “David” began to explain his future transitions could exemplify discrimination against the transgender community.
After reading this case question and researching on the topic, it is to my understanding that this perspective employee transitioning from “David” to “Diane”, will have zero effect on his work dedication or the businesses’ success. The textbook defines the term Bona Fide Occupational Qualification (BFOQ) as, “The only way that an employer can prevail in cases involving facially discriminatory policies or practices where the employer readily admits to using protected class as a basis for making employment decisions but insists that there is a sound business reason for doing so.” (Walsh, Pg. 223). While the library cited concerns about possible problems that may arise from the employees’ transition, the reasoning did not seem valid. For instance, the library mentioned that this transition could lead to possible problems dealing with security clearance, it was then mentioned that “David” had experience with this back when he was in the military; just because the employees sex appearance was changing, did not mean that his mentally capability would be effected.
2. What makes sex stereotyping theory difficult to prove in this case. Explain what the courts say?
In this particular case summarized in the textbook, a sex stereotyping theory may be diffi...
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... the statistics mentioned are, “15% to 43% of gay and transgender workers have experienced some form of discrimination on the job, 8% to 17% of gay and transgender workers report being passed over for a job or fired because of their sexual orientation, 10% to 28% received a negative performance evaluation or were passed over for a promotion because they were gay or transgender, and 7% to 41% of gay and transgender workers were verbally and physically abused or had their workplace vandalized.” (Burns & Krehely, 2011). Now we all know that this topic is extremely controversial and many individuals have their own opinions, which they are entitled too. However, I feel as though if the way these individuals indentify themselves sexually is different, yet does not affect their work or the organization, then I see no harm in an organization accepting them for who they are.
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