In Blair v. Brooklyn Transportation Corp., 17-cv-383, 2018 WL 1581974 (E.D.N.Y. March 30, 2018), the court (inter alia) denied defendant’s motion to dismiss plaintiff’s gender discrimination claim.
From the decision:
Plaintiff’s allegations are sufficient for the Court to infer that Defendant discriminated against Plaintiff. Defendant was aware of Plaintiff’s transgender status because, when Plaintiff began working for Defendant, she presented herself as, and dressed as, a woman, but had not changed her name legally yet. (Compl. ¶ 14.) Lewis was aware of Plaintiff’s status as a transgender female as he had access to all employee personnel files. (Compl. ¶ 17.) Plaintiff alleges that, during the course of her employment, her manager repeatedly made unwanted and inappropriate comments towards her based on sex. (Compl. ¶ 4; Exhibit A, Dkt. No. 1-2.) While these comments on their own do not constitute an adverse employment action, they “provide relevant background evidence by shedding light on Defendant’s motivation.” Vega, 801 F.3d at 85 (citing Nat’l R.R. Passenger Corp., 536 U.S. 101 (2002).
Given these allegations, Defendant’s issuance of Plaintiff’s medical certification form in her former male name reasonably can be said to have taken place under circumstances giving rise to the inference of discrimination