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10-14833 - Decision

10-14833 - Decision

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Published by Equality Case Files
11th Circuit Decision
11th Circuit Decision

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Published by: Equality Case Files on Dec 06, 2011
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FILEDU.S. COURT OF
 
APPEALSELEVENTH CIRCUITDECEMBER 6, 2011JOHN LEYCLERK 
[PUBLISH]IN THE UNITED STATES COURT OF APPEALSFOR THE ELEVENTH CIRCUIT________________________ No. 10-14833 ; 10-15015 ________________________ D.C. Docket No. 1:08-cv-02360-RWSVANDIVER ELIZABETH GLENN,f.k.a. Glenn Morrison,llllllllllllllllllllllllllllllllllllllllPlaintiff - Appellee,versusSEWELL R. BRUMBY,llllllllllllllllllllllllllllllllllllllllDefendant - Appellant. ________________________ Appeals from the United States District Courtfor the Northern District of Georgia________________________ (December 6, 2011)Before BARKETT, PRYOR and KRAVITCH, Circuit Judges.BARKETT, Circuit Judge:
Case: 10-14833 Date Filed: 12/06/2011 Page: 1 of 19
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Sewell R. Brumby appeals from an adverse summary judgment in favor of Vandiver Elizabeth Glenn on her complaint seeking declaratory and injunctiverelief pursuant to 42 U.S.C. § 1983 for alleged violations of her rights under theEqual Protection Clause of the Fourteenth Amendment of the U.S. Constitution.Glenn claimed that Brumby fired her from her job as an editor in the GeorgiaGeneral Assembly’s Office of Legislative Counsel (“OLC”) because of sexdiscrimination, thus violating the Equal Protection Clause. The district courtgranted summary judgment in Glenn’s favor on this claim.Glenn also claimed that her constitutional rights were violated becauseBrumby terminated her employment due to her medical condition, known asGender Identity Disorder (“GID”). The district court ruled against Glenn on thisclaim, granting summary judgment to Brumby. Brumby appeals the districtcourt’s sex-discrimination ruling, and Glenn cross-appeals the ruling on her medical condition claim.Vandiver Elizabeth Glenn was born a biological male. Since puberty, Glennhas felt that she is a woman, and in 2005, she was diagnosed with GID, a
2
Case: 10-14833 Date Filed: 12/06/2011 Page: 2 of 19
(2 of 20)
 
diagnosis listed in the American Psychiatric Association’s Diagnostic andStatistical Manual of Mental Disorders.
1
Starting in 2005, Glenn began to take steps to transition from male to femaleunder the supervision of health care providers. This process included living as awoman outside of the workplace, which is a prerequisite to sex reassignmentsurgery. In October 2005, then known as Glenn Morrison and presenting as aman, Glenn was hired as an editor by the Georgia General Assembly’s OLC.Sewell Brumby is the head of the OLC and is responsible for OLC personneldecisions, including the decision to fire Glenn.In 2006, Glenn informed her direct supervisor, Beth Yinger, that she wasa transsexual and was in the process of becoming a woman. On Halloween in2006, when OLC employees were permitted to come to work wearing costumes,Glenn came to work presenting as a woman. When Brumby saw her, he told her that her appearance was not appropriate and asked her to leave the office. Brumbydeemed her appearance inappropriate “[b]ecause he was a man dressed as awoman and made up as a woman.” Brumby stated that “it’s unsettling to think of someone dressed in women’s clothing with male sexual organs inside that
Am. Psychiatric Assoc.,
 
Diagnostic and Statistical Manual of Mental Disorders 576
 
(4
1th
ed. 2000).3
Case: 10-14833 Date Filed: 12/06/2011 Page: 3 of 19
(3 of 20)

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