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Kozak v. CSX Transportation Inc.

Transgender Woman Loses Bid to Strike Portion of Employer's Motion for Summary Judgment

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DECISION AND ORDER I. INTRODUCTION In this action, Plaintiff Leah Kozak, a transgender woman, alleges that Defendant CSX Transportation, Inc., unlawfully discriminated against her on the basis of sex and disability when it terminated her employment after she urinated in a rail yard, a practice she alleges non-transgender employees are not disciplined for. Before this Court are Kozak’s motion to strike a section of CSX’s motion for summary judgment — or, in the alternative, to amend her complaint to add a constitutional claim — and CSX’s motion to strike certain documents Kozak filed in opposition to its motion for summary judgment. (Docket Nos. 56, 73.) Because this Court finds that none of the relief requested is warranted, it will deny both motions. II. BACKGROUND Kozak was employed by CSX from September 1999 until her termination in July 2019. (Complaint, Docket No. 1, 37.)1 In late 2018, she came out as transgender and began to transition to female, informing a CSX supervisor of her transition in early 2019. (Id., 42.) She began taking hormone-suppressing medication to treat her gender dysphoria2 and began to present with more feminine characteristics and body styling. (Id.,

43-45.) The medication she was taking, spironolactone, caused frequent urination. (Id., 45.) On June 13, 2019, while Kozak was working in the Buffalo rail yard, she urgently needed to urinate. (Id.,

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