by Jean|Gene M. Beebe

In the U.S. District Court in Washington, D.C., this week, a transgender woman, Diane Schroer, is bringing suit against the Library of Congress. Schroer alleges that the Congressional Research Service, an arm of the Library of Congress, discriminated against her based on her sex. This, she claims, violates her rights under Title VII of the 1964 Civil Rights Act, which prohibits discrimination based on race, color, religion, sex or national origin.

Sharon McGowan, an associate lawyer with the ACLU and Schroer's counsel, says Schroer is legally a woman because she identifies herself as such; Schroer's gender identity is that she is female. Schroer, McGowan says, should be recognized as female and have the same protections as any other woman, regardless of the fact that she is transgender.

Yet, admits McGowan: "Diane is suing because she's a transgender woman." There is something unique about being transgender in a world that protects men and women. "When you discriminate against someone because of their gender identity or when you discriminate against somebody because they're changing their sex, that's against the law. That's a very important message to send," McGowan says.

The Congressional Research Service rescinded a job offer after Schroer disclosed that she would be transitioning from David to Diane. Schroer is suing to get the job she was promised as a senior terrorism research analyst.

She applied for the job as David and says she was offered the position. She was introduced to what her boss called her "colleagues." The following day, they met for lunch, and Schroer mentioned that she had a personal issue to discuss: that she was transgender. Says Schroer, shaking her head: "The initial reaction was, ‘Why in the world would you want to do that?'"

The following day, her future boss called and said, "After a long and sleepless night, based on our conversation yesterday, I've decided that you're not a good fit. You're not what we want." Schroer, evidently, was not right for the job.

"I'd been told a lot of things in my life. I'd never been told, ‘You're not what we want. You're not a good fit," Schroer said, sighing. "As you can imagine, it certainly wasn't the high point of my week," she added.

Schroer says she was clearly the best for the position. She says she was extremely well-qualified and anticipated contributing much to the job. As one of the foremost experts on national security, then-Col. Schroer dealt with the office of the secretary of defense, the National Security Council and the White House. He accrued more than 25 years in the U.S. Army as a special forces commander and debriefed Vice President Dick Cheney after the Sept. 11, 2001, attacks. He worked through millions of dollars of educational training and completed 450 parachute jumps.

"So, it surprised me. It very much disappointed me," Schroer says.

Library of Congress officials refused to comment other than offering their legal briefs. They said that transsexuals are not protected under Title VII.

U.S. Rep. Tammy Baldwin is fighting for transgender protections to be included in a bill before Congress, the Employment Non-Discrimination Act (ENDA). Says Baldwin: "It is high time that America declare discrimination based on gender identity and expression to be unlawful."

If passed, ENDA would protect lesbians and gays, but not transgender people like Diane Schroer. Peter Rosenstein, an LGBT activist and political blogger, thinks that transgender people will eventually be included, but he notes that "when you're talking about civil and human rights you don't get everything you want at the same time."

Meanwhile, Diane waits for a decision from the court and the chance to show her skills for the job, as a career woman, working her own way.

Says Schroer: "There isn't a day that goes by that I don't hope that someone from the Library of Congress would call and say, ‘We've made a huge mistake, and we would very much like for you to start work tomorrow morning.'"

Schroer's trial ends today. It will be months before she hears a decision.