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Transsexual settles discrimination lawsuit

By Nick Hytrek Journal staff writer | Posted: Friday, December 24, 2004
The case was destined for the U.S. Supreme Court, legal experts told Lauren Jansen.

Her lawsuit, alleging she was fired because she was a transsexual, could have helped courts define the issue of workplace discrimination against people who change their sex.

But Jansen couldn't afford the fight anymore. She would have run out of money before the case ever reached Washington, D.C. She chose to settle the case out of court.

"I feel, personally, I kind of let down a lot of people, but I've got to at some point look out for myself," Jansen said.

The Sioux City woman had sued her former employer, Murphy Tractor and Equipment Co. Inc. and its president, Thomas Udland, for discrimination. In the lawsuit, filed in June in U.S. District Court in Sioux City, Jansen, a parts salesman and 24-year employee, said managers told her she was being fired because she was changing her sex.

Jansen, who used to be known as Larry Jansen, underwent surgery in July to complete the gender change.

"I am fully and legally a female," Jansen said in an interview Thursday.

In November, Jansen and her former employer reached a settlement agreement. The case was formally dismissed last week. Jansen agreed to never seek employment with Murphy Tractor or any of its subsidiaries. She received a financial settlement, but did not disclose the amount.

"It's going to allow me to go back to school and get some training," she said.

Jansen had sued for lost wages and punitive damages.

Jansen would have preferred to continue the lawsuit, but personal finances would not have lasted long enough. Jansen currently works at a Sioux City business, she said, but plans to move to Omaha to pursue other employment opportunities after Jan. 1.

Though the case never went to trial, it should serve notice to employers, Jansen said.

"In a way, it did send some kind of message that it's not right to discriminate," Jansen said. "There's a statement through the settlement that boy, it's going to cost you."

According to an earlier Associated Press report, courts historically have ruled that transsexuals aren't a protected class under federal and states' civil rights laws. But a recent federal court ruling in Ohio was the first to extend the Civil Rights Act to protect people who change their sex against workplace discrimination.

Attorney Doug Phillips, who represented Murphy Tractor, could not be reached for comment on the settlement.

Nick Hytrek can be reached at 712-293-4226 or nickhytrek@siouxcityjournal.com.

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