Brief: Schroer v. Billington 577 F. Supp. 2d 293 – 2008 1
Citation of Case
Schroer v. Billington, 577 F. Supp. 2d 293 – 2008
Issue or Issues
Diane Schroer claims she was denied employment by the Library of Congress because of sexual
discrimination, in violation of the Civil Rights Act of 1964.
Summary of Facts
Diane Schroer is a male-to-female transsexual. Schroer was born a male (David) but has female
gender identity issues. This is an internal, psychological sense of herself as a woman. In August
2004, before she changed her name and her gender she applied for the position of Specialist in
Terrorism and International Crime with the Congressional Research Service (CRS) at the library
of Congress. The position provides expert policy analysis to congressional committees and
members of Congress. The position requires a security clearance.
Schroer was well qualified for the position. She is a graduate of both the National War College
and the Army Command and General Staff College, and she holds master’s degrees in history
and international relations. During Schroer’s twenty-five years of service in the U.S. Armed
Forces, she held important command and staff positions in the Armored Calvary, Airborne,
Special Forces and Special Operations Units, and in combat operations in Haiti and Rwanda. She
was a Colonel. She had acquired many qualified contacts during her service years and beyond
while in the private sector.
She had been diagnosed with gender identity disorder when she applied for the terrorism
specialist position. Because she had not yet begun presenting herself as a woman on a full-time
basis, however, she applied for the position as “David J. Schroer,” her legal name at the time. In
October 2004, two months after submitting her application, Schroer was invited to interview
Brief: Schroer v. Billington 577 F. Supp. 2d 293 – 2008 2
with three members of the CRS staff; Charlotte Preece, Steve Bowman, and Francis Miko.
Preece, the Assistant Director for Foreign Affairs, Defense and Trade, was the selecting official
for the position. Schroer attended the interview dressed in traditionally masculine attire; a sport
coat and slacks with a shirt and tie.
There were eighteen candidates and Schroer received the highest interview scores. The selection
committee unanimously recommended that Schroer be offered the job. In mid-December Preece
called Schroer and offered her the job. Schroer accepted and the paperwork necessary for hire
was filled out.
Schroer wanted to start her career at CRS as a woman since she thought it would be less
disruptive than if she started as a man and transitioned into a woman. She called and invited
Preece to lunch on December 20, 2004 with the intention of telling Preece about her
