US - M2F employment discrimination case settled

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Business        

April 24, 2008

Discrimination lawsuit settled

Woman had said job offer rescinded because she was born a man

By MARY FLOOD

A Houston business has settled a lawsuit filed by a transgender woman 

who said a job offer was rescinded because the company learned she was 

born a man.

U.S. District Judge Nancy Atlas Tuesday entered an order dismissing 

the lawsuit unless the parties come back because the settlement could 

not be finalized on paper.

Earlier this month, Atlas refused the company's request to dismiss the 

case of 27-year-old Izza Lopez.

Born Raul Jr., Lopez claimed the Houston radiology chain River Oaks 

Imaging and Diagnostic wrongfully pulled its 2005 offer to employ her 

as an appointment scheduler.

"I can tell you the case has been resolved to the mutual satisfaction 

of both parties," said Jason Howe, spokesman for Lambda Legal, a 

national gay and lesbian civil rights group that represented Lopez.

River Oaks Imaging lawyer Howard Dulmage said Thursday that he cannot 

discuss the settlement but that the parties agreed to mutually resolve 

their differences.

Lopez claimed the job was pulled when the employer found out she is 

transgender. River Oaks Imaging said the offer was withdrawn because 

she presented herself as a woman and that was a lie because she really 

was a man.

Atlas ruled that "Lopez has stated a legally viable claim of 

discrimination as a male who failed to conform with traditional male 

stereotypes."

Sara Benson, a law professor who writes on sexual orientation legal 

issues, said it was a victory for Lopez that she got past the motions 

to dismiss the case before trial.

But the judge ordered the case to mediation first, and the mediator 

reported to the court Wednesday that a settlement was reached.

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<mary.flood@chron.com>

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