· 4/3/2008
Lopez v. River Oaks Imaging & Diagnostic Group, Inc.
Citations
- 542 F. Supp. 2d 653
- 2008 U.S. Dist. LEXIS 27216
- 91 Empl. Prac. Dec. (CCH) 43,164
- 103 Fair Empl. Prac. Cas. (BNA) 220
- 2008 WL 902937
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- Title VII applies to sex stereotyping claim* of transgender plaintiff
- “[T]ranssexuality is not a bar to [a] sex stereotyping claim. Title VII is violated when an employer discriminates against any employee, transsexual or not, because he or she has failed to act or appear sufficiently masculine or feminine enough for an employer.”
- “ ‘[T]ranssexuality is not a bar to [the plaintiffs] sex stereotyping claim. Title VII is violated when an employer discriminates against any employee, transsexual or not, because he or she has failed to act or appear sufficiently masculine or feminine enough for an-employer.’”
- “The Fifth Circuit consistently holds that when a party does not address an issue in his brief to the district court, that failure constitutes a waiver on appeal. By analogy, failure to brief an argument in the district court waives that argument in that court.”
- “Title VII and Price Waterhouse . . . do not make any distinction between a transgendered litigant who fails to conform to traditional gender stereotypes and [a] ‘macho’ female who . . . is perceived by others to be in non-conformity with traditional gender stereotypes.”
- “The Fifth Circuit makes it clear that when a party does not address an issue in his brief to the district court, that failure constitutes a waiver on appeal. By analogy, failure to brief an argument in the district court waives that argument in that court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Nancy F. Atlas
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.