A transsexual bus driver who was terminated over the concern about which restroom she would use before her gender reassignment surgery was not protected by Title VII’s sex discrimination prohibition, the Tenth Circuit rules. The Court says “the plain language of the statute” guides its interpretation, stating “there is nothing in the record to support the conclusion that the plain meaning of ‘sex’ encompasses anything more than male and female.” Transsexual employees would only be protected if they were discriminated against because they were male or female, not because of their status as a transsexual, says the Court. Etsitty v. Utah Transit Authority.