Lexology.com
Greenberg Traurig LLP
Natalie F. Hrubos
USA
April 19 2011
A job discrimination suit recently brought under the New Jersey Law Against Discrimination ("NJLAD”) challenges an employer’s decision to terminate a transgender man from a “male-only” position. Urban Treatment Associates in Camden, New Jersey, hired El’Jai Devoureau as a part-time urine monitor, but terminated him after his supervisor discovered that his assigned sex at birth was female. Mr. Devoureau’s position required him to supervise men providing urine samples for drug tests. Mr. Devoureau is a transgender man; while his assigned sex at birth was female, his gender identity and expression is male.
Urban Treatment Associates argues that gender is a legitimate job qualification for a urine monitoring position and that Mr. Devoureau is not qualified to monitor men because he was assigned female at birth. Mr. Devoureau is not disputing his former employer’s claim that a female individual is not qualified to monitor men providing urine samples. Rather, Mr. Devoureau’s position is that he is a male individual and therefore qualified for the “male-only” job. He alleges that the drug treatment center discriminated against him based on his gender identity and expression.
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