Schroer v. Billington

In 2004, Diane Schroer (plaintiff) retired from the military and applied for a job at the Library of Congress (the library) (defendant) as a specialist in terrorism and international crime with the Congressional Research Service. The library’s selection committee unanimously recommended Schroer for the position. Charlotte Preece, the selecting officer, offered Schroer the job in mid-December, and Schroer accepted. On December 20, Schroer asked Preece to lunch, where Preece told Schroer that Schroer was the most qualified candidate based on her skills, experience, ability, and network. Schroer informed Preece that Schroer was transitioning from male to female, and Preece responded, “Why in the world would you want to do that?” Schroer explained that it was not a choice for her and that Schroer had felt this way her whole life. Preece ultimately rescinded the job offer. Schroer sued the library, alleging that the library had discriminated against Schroer based on sex stereotypes and sex in violation of Title VII of the Civil Rights Act of 1964. Preece testified that she struggled to understand why a particularly masculine man with military service would undergo a sex change and that Preece saw Schroer in photos as a man in women’s clothing. The library argued (1) that it decided not to hire Schroer based on concerns about her ability to timely receive security clearance, her trustworthiness, and the potentially distracting nature of her transition and (2) that a hiring decision based on transsexuality did not violate Title VII.