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Evans initially filed her suit while representing herself, but Lambda Legal, the civil rights group that focuses on the LGBT community, later took her case.

The Equal Employment Opportunity Commission also filed legal briefs in support of Evans, arguing Title VII prohibits discrimination based on sexual orientation.

Bearing banners such as “Pussy Bites Back”, “I’m with hen”, “Fight like a girl”, and “Keep your tiny hands off our rights”, the protestors filled the square to hear speeches by the feminist Liberal MP Birgitta Ohlsson, Anna Lindenfors, the head of Swedish Amnesty, Israeli-born left-wing activist Dror Feiler, the Left Party’s Jens Holm.

The march, was arranged, amongst others, by Amnesty International, Svenska Freds, the Woman’s International League for Peace and Freedom, and the Swedish Federation for Lesbian, Gay, Bisexual, Transgender and Queer Rights (RFSL).

In that case, the court found that Title VII protections apply to discrimination against transgender persons because they don’t comply with the stereotypical norms of a person’s gender.

That type of discrimination was based on a person’s “behavior,” such as the decision by Glenn, who was born a biological male, to dress as a woman at work, telling her supervisor she intended to continue doing so and say she was beginning to take steps to “transition,” Pryor wrote in a concurring opinion.

A gay worker may try to show she experienced sex discrimination because she did not conform to the gender stereotype held by her employer, “but our review on that claim would rest on behavior alone.” In its ruling, the majority gave Evans the chance to return to court and amend her initial lawsuit with more evidence to try to prove such a behavior-based claim.

For example, Evans has said she was fired because she often dressed as most men do and doesn’t carry herself as most women do.

“If the law is wrong, it should be changed, but the power for that is not with us.”In her dissent, Rosenbaum wrote: “There is no way to draw a line between sexual orientation discrimination and discrimination based on gender nonconformity, because not being straight is gender-nonconforming, period.”When a woman alleges, as Evans has, that she was discriminated against because she is a lesbian, “she necessarily alleges that she has been discriminated against because she failed to conform to the employer’s image of what women should be — specifically, that women should be sexually attracted to men only,” Rosenbaum wrote.

“And it is utter fiction to suggest that (Evans) was not discriminated against for failing to comport with her employer’s stereotyped view of women.”Pryor’s reasoning protects women who act or dress in ways that an employer perceives to be gay, because that behavior doesn’t conform to the employer’s view of how a woman should act, Rosenbaum said.

“It cannot possibly be the case that a lesbian who is private about her sexuality — or even a heterosexual woman who is mistakenly perceived by her employer to be a lesbian — can be discriminated against by the employer because she does not comport with the employer’s view of what a woman should be, while the outwardly lesbian plaintiff enjoys Title VII protection.”Pryor’s distinction between “behavior” and “being” is “both illusory in its defiance of logic and artificial in its lack of a legal basis,” Rosenbaum wrote.