State lawmakers move to dismiss lawsuit by transgender employee

By MATT SCHAFER, Southern Voice | Oct 17, 6:11 PM

Three state lawmakers have asked a federal judge to dismiss a discrimination lawsuit filed against them by a former employee who alleges she was fired after announcing her gender transition.

Vandiver Elizabeth Glenn claims she was fired from her job as a legislative editor last year because of her transition from male to female. A lawsuit filed this summer named Speaker of the House Glenn Richardson (R-Hiram), Senate President Pro-Tempore Eric Johnson (R-Savannah), Lt. Gov. Casey Cagle, lawyer Sewell Brumby and Robyn Underwood, the state’s legislative financial officer.

Cole Thaler serves as transgender rights attorney for Lambda Legal, which is representing Glenn. Thaler said he was aware of the motion to dismiss but had not reviewed the motion with enough detail to comment.

The motion, filed by the lawmakers' attorney on Oct. 16, contested Glenn’s ability to sue and said she did not state a claim upon which relief can be granted.

“Asking this Court to determine if (Glenn) is similarly situated to other employees requires the Court to second guess the subjective, individualized assessments that are a part of any employment decision. It would make every decision by a government employer a constitutional matter,” the lawmakers' attorney argued in the motion.

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