Is this discrimination suitable for my friend to sue?

Question

My friend was hired and fired recently. He is a male-to-female transgendered American and everything was going fine at the work place; there were no problems and everyone liked him. One day his boss found out that he was in fact a transgendered individual and he was fire a few days later.

Answer 1

Your friend would have the burden of proving that the ONLY reason he was fired is because he is transgendered.  Most supervisors/managers/HR departments know that something like this is not supposed to be written down, because if it's written down, someone can find it and use it in a lawsuit.  As long as nothing like that is written anywhere, the company always has the protection of the "employment at will" doctrine, which allows them to fire anyone at any time, with no reason at all.

In many states, the State Bar will refer a potential client to an attorney who gives free 30-minute initial consultations, or who charges at most $25 or $50 for it.  An employment attorney is the best person for your friend to talk to, in order to find out what sort of evidence could be acceptable in court and whether or not your friend would even have a reasonable chance of proving his claim.

Answer 2

If the firing was solely based on sexual orientation. However, most US states are "employment at will" states. An employer can fire an employee for any reason or for no reason at all as long as it is not based on gender, religion, national origin, creed, ethnicity, age (over 40) etc.

If your friend was fired because of lack of work, misconduct, or inability to perform his duties, he has no case.  

Answer 3

If he was born a male he is a male regardless of a s*x change or what ever. If he stated he was a female when he was hired, then he lied and that's grounds for dismissal. If however he stated transgendered, and was hired then fired, he may have a case with the equal opportunity employer. Tell him to contact them.

Answer 4

It is not legal.  However, unfortunately, the chances of prevailing on a lawsuit of this kind are slim because employers can always make up other reasons for firing the person.  

Answer 5

did your friend check the box on the application that he was male or female?

If he checked female, then he can legally be fired for false information on the application.