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Smith v. City of Salem

United States Court of Appeals for the Sixth Circuit
378 F.3d 566 (6th Cir. 2004)


Jimmie Smith (plaintiff) was a firefighter for the City of Salem, Ohio (defendant). Smith, a transsexual, was diagnosed with Gender Identity Disorder (GID) and began appearing and acting more feminine. Smith’s coworkers commented on his transition and told Smith that he was not masculine enough. Smith’s supervisors and other high-level municipal officers (defendants) became aware of Smith’s transition and allegedly conspired to terminate Smith’s employment. Smith sued the defendants, claiming sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e et seq. The district court found that Smith had failed to state a claim for sex stereotyping and that protection under Title VII was not available to transsexuals. Smith appealed.

Rule of Law


Holding and Reasoning (Cole, J.)

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