Associate Professor Craig Konnoth, as counsel of record, led an effort by the Sexual Orientation and Gender Identity Section of the American Association of Law Schools to file an amicus brief in the United States Supreme Court in R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission.
In that case, an employee, Aimee Stephens, was fired for being transgender. She sued, arguing that her termination was "based on sex," which is prohibited by Title VII.
The brief explains: "Had Stephens been designated as female at birth, or if Harris Homes recognized her as a woman, she would not have been fired. Further, Stephens was fired for failing to conform to sex stereotypes regarding how men and women should behave according to Harris Homes. She failed to conform to Harris Homes’ stereotypes of men because of her name and clothing. She also failed to conform to stereotypes Harris Homes required of women because of her appearance and the sex assigned to her at birth."
The brief focused on refuting the argument that Congress intended to exclude transgender individuals from the protections of Title VII. Thirty-eight professors of law and history signed the brief. The case will be heard by the U.S. Supreme Court on Oct. 8, 2019.