You are employed as a receptionist at an upscale restaurant with a large base of regular customers. One of your male co$-$workers recently announced he is transitioning to female and will soon begin to dress and present as a woman. Your co$-$worker has earned praise from your boss and outstanding performance reviews. Your employer is concerned, however, that customers will be uncomfortable by the transition and will find other places to enjoy a meal. As a result, your employer terminates your coworker from his job. Your coworker is offended and angry and wants to take action to get the job back.

Can the employer legally terminate employees on the ground they are transgender?

No$,$ transgender employees are protected by the Equal Protection Clause and the Civil Rights Act of $1964.$

Yes, if a worker$$s gender identity will make customers uncomfortable.

Yes, termination decisions are at the sole discretion of the employer.

No$,$ employers cannot terminate workers unless they fail to adequately perform job responsibilities.