Inconsistent protections for various protected classes may become relevant when a person falls into more than one protected category. That was the case for a client of employment attorney Sarah Burger, who filed a workplace discrimination lawsuit on behalf of the African-American transgender woman.
“Very rarely does a client come in and say I think I was discriminated only because of my race or my gender,” Burger said. “If the standard and the law is different, then in order to resolve the issue I almost have to tear apart my client. It creates a very ridiculous situation.”
While Burger’s client was litigating the workplace discrimination case citing federal law, had she been suing the defendant on a state level, she said she would only have been able to secure attorneys fees for the gender discrimination, not the other categories.