5th Circ. Won't Reboot T-Mobile Ex-Worker's Trans Bias Case

Law360 (May 13, 2021, 1:11 PM EDT) -- The Fifth Circuit won't revive a former T-Mobile store worker's suit claiming his transgender status motivated the telecommunications giant to fire him after he took six months off and requested indefinite medical leave, saying the employee hadn't linked his ousting to his gender.

A three-judge panel on Wednesday affirmed a Houston federal court's decision dismissing Elijah Anthony Olivarez's case against T-Mobile USA Inc. and Broadspire Services Inc., a third-party T-Mobile vendor responsible for medical leave requests.

In an opinion for the panel, Circuit Judge James Ho said the U.S. Supreme Court's watershed ruling in Bostock v. Clayton County, which came after...

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