The Schroer case progresses

Julian Sanchez reports on the Diane Schroer case:

[The government denies] that being transgendered puts one in a "protected class" (which, as I recall, the original ACLU complaint hadn't claimed anyway) and, more to the point, that gender crossing doesn't fall within the scope of "sexual stereotype" discrimination. And there, as law prof Robert Post noted when I spoke to him for the piece, is the rub: The courts are perfectly ready to agree that it's gender discrimination if you fire a man for acting too sissy or a woman for being too butch in most contexts. But they're not prepared to say the same thing about the man who's fired because he insists on coming to work in a dress (so long as female employees are allowed to do so).

I've written briefly about this case once or twice.