Time & Attendance
By Jon Hyman
Jan. 20, 2016
A federal appellate court reinstated the sex-discrimination claim of a transgender auto mechanic. Credit Nation Auto Sales fired Jennifer Chavez less than three months after she notified it of her gender transition.
The employer argued that it fired her because it caught her sleeping in a customer’s vehicle while on the clock. Even though the court concluded that the employer’s reason was “true and legitimate”, it nevertheless reversed the trial court’s dismissal of the sex-discrimination claim.
Relying on a mixed-motive analysis, the court, in Chavez v. Credit Nation Auto Sales [pdf], concluded that Chavez had presented enough evidence that her gender was a “motivating factor” in the termination decision such that a jury should decide her claim.
What was the evidence on which the court relied?
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