[BrianR]

This is unquestionably discrimination. But unfortunately very few places specifically outlaw gender discrimination as applied to transgendered. California is one of those.

Intent has some sway in the determination of a laws application, but a court is going to interpret this in their own way. But in fairness, this kind of thing has been frowned upon (the bias, not the transgenderism) for some time.

Not likely although I'd love to think that they could.

Don't ask was designed to apply only to overt sexual choices, not mental states of being. So I doubt it applies here.

UG and Merc should post pictures for us to decide.

I do hope that the law comes down on the side of the person and not the Library of Congress. Transsexuals are people too and have more than enough to fear without worrying about employment bias, but they do.

I am in one of the few fields that will accept a transgendered person without much reservation. As long as the person in question is physically qualified to perform the work and can get from point A to Point B on time (usually), they're hired. What happens after dark at a remote truck stop is another matter entirely but I do think that the TS in question here would be able to handle herself well.

I'm on the side of the oppressed here, surprising only a few.