Intersex Teacher's EEOC Charge Says He Was Seen as Transgender

An intersex teacher in Florida has filed an EEOC charge after being fired by his school district, which appears to have perceived him as transgender. Shepard Scalf's gender identity is male. His case shows that systems built to police gender do not stay within neat boundaries: they catch everyone whose body or history falls outside what those in authority expect.

Intersex Teacher's EEOC Charge Says He Was Seen as Transgender

Photo by Quilia on Unsplash

Shepard Scalf is an intersex middle school teacher in Florida whose gender identity is male and who was assigned female at birth. A few weeks into the 2025–2026 school year, St. Johns County School District fired him. They gave no reason. According to the discrimination charge he has now filed with the Equal Employment Opportunity Commission, the school district knew exactly who he was, and fired him anyway, apparently because they perceived him as transgender.

He was not transgender. He is intersex, and the distinction matters not because one identity deserves protection more than another, but because it shows precisely what happens when you build systems designed to police gender: they do not stay neatly within the lines their designers imagined.

Intersex people are born with physical characteristics, whether chromosomal, hormonal, or anatomical, that do not fit the standard binary definitions of male or female. Intersex is not a gender identity; it is a biological reality, and it has always been part of the natural range of human variation. Scalf's gender identity is male. But to a school district apparently primed to look for bodies that deviate from expectation, the detail of how he came into the world became the grounds for ending his career.

What I keep returning to is the cruelty of the timing. A few weeks into the school year. He had a classroom, students, a job he had presumably spent years training for and working towards. And then, without explanation, it was gone. The charge quotes him saying it became clear the firing had nothing to do with his performance. Of course it didn't. It had to do with who he is.

This is the collateral damage of gender policing, and it is not theoretical. When institutions decide they have the right to scrutinise people's bodies and identities, they create the conditions in which a man can lose his livelihood because someone in authority looked at the facts of his birth and decided they did not like what they saw. The harm radiates outward from trans people, touching everyone whose body or history does not fit whatever version of normal is being enforced that week.

Florida has been particularly aggressive in its approach to gender in schools. The legal and political environment there has made teachers, especially any teacher whose appearance or history might invite scrutiny, acutely vulnerable. That vulnerability is now playing out in a real person's life, in a real EEOC charge, with a real family affected.

Scalf's legal team will need to establish that the school district's perception of him as transgender, whether accurate or not, drove the decision to fire him. Under federal law, discrimination based on the perception that someone is transgender can constitute sex discrimination. The Bostock v. Clayton County ruling from the Supreme Court in 2020 held that Title VII's prohibition on sex discrimination covers sexual orientation and gender identity. Perception-based claims extend that logic: you cannot fire someone because you think they are trans, regardless of whether they are.

It is a case worth following closely, not only for what it means for Scalf, but for what it says about the broader environment. If intersex people, whose identities and bodies have nothing to do with the political arguments currently consuming so much energy in American schools policy, are being caught in the machinery designed to exclude trans people, then the machinery is working exactly as the worst version of it was always going to work. It was never really about a narrow carve-out. It was about who gets to belong.

Scalf deserves his job back. He deserves an explanation. And every student in that school deserves a system that keeps good teachers in classrooms rather than ejecting them for the crime of existing in a body that doesn't match someone's expectations.

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Dr Helen Webberley is a Gender Specialist, Medical Educator, and advocate for trans and gender-diverse people.

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