In 2002, Krystal Etsitty, a transgender woman, was fired from her job as a bus driver for her "intent to use women's public restrooms" along her route. In 2007, she lost an employment discrimination suit because, the Tenth Circuit held, her employer's "concern" that "the use of women's public restrooms by a biological male could result in liability . .. constitute[d] a legitimate, nondiscriminatory reason" for termination.

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