Krystal Etsitty v. Utah Transit Authority

Krystal Etsitty (plaintiff), who identified as a preoperative transgendered individual, was terminated from her position as a bus operator with Utah Transit Authority (Transit) (defendant). Transit claimed Etsitty’s employment had been terminated for nondiscriminatory reasons, explaining that it feared liability for allowing an individual with male genitalia to use a public female restroom. Transit also explained that it was unable to accommodate any special needs Etsitty may have because employees in transit had to use public restrooms. Etsitty filed a Title VII sex-discrimination claim in federal district court against Transit and her manager, Betty Shirley (defendant) (collectively, Transit). Etsitty alleged that Transit had engaged in sex discrimination by (1) discriminating against her due to her transsexual status and (2) discriminating against her because she failed to conform to stereotypical gender norms of using a male restroom. Etsitty argued that Transit’s reasons for her termination were pretextual because Transit was not liable under law concerning Etsitty’s restroom usage, had received no complaints about Etsitty using female restrooms, and had not investigated whether public unisex bathrooms were available on Etsitty’s routes. The district court granted Transit summary judgment because Etsitty had failed to demonstrate that sex discrimination occurred. Etsitty appealed.