11th Circuit Hears Trans Discrimination Appeal

On November 6, 2015, the United States Court of Appeals for the Eleventh Circuit heard our appeal in the case of Jennifer Chavez v. Credit Nation Auto Sales, LLC. Several issues were raised on appeal, but the Court seemed most interested in hearing about the proper standard for so-called “mixed-motive” cases. These are cases in which the plaintiff admits that the reason for termination given by the employer did play a part, but that also bias was a motivating factor in the decision. The Court has said that the plaintiff must show that the reason for termination given by the employer is a pretext, an excuse, for the real, discriminatory reason. We argued that, as other courts of appeal have said, it makes no sense to require this in mixed motive cases. After all, in mixed motive cases, the plaintiff admits the employer’s reason for termination. The only question is whether there is enough evidence to show there is also bias as a motivating factor. In this case, there is a great deal of circumstantial evidence showing bias as a motivating factor. (We also pled, in the alternative, that the reason given for termination was a pretext for discrimination.)

To hear the audio of the oral argument before the Court, click here. For a summary of the case, click here. To see the brief to the Court, click here. (Also see Appellee’s Brief and Appellant’s Reply Brief)

A decision should be forthcoming in the following months.