39 year old El' Jai Devoureu worked as a urine sample collector at a drug testing facility in New Jersey for only two days before being fired for being transgender. Although born a female, El' Jai has considered himself a man all of his life. He explains, "At age 5, i did everything a boy did; I climbed trees, i played football, I played with trucks. Most of the people in my life, all they know is I'm male." In 2006 after undergoing surgery El' Jai even had his birth certificate, license, and social security information changed to say that he was a male.

Although New Jersey's bans discrimination based on gender, the job description clearly stated that only males are allowed to hold the position as urine sample collector. When asked whether he was a transgender El' Jai responded by saying, "I am a male." In regards to whether or not he had surgery El' Jai responded, "That was private." This case is not an issue of whether or not a person can be discriminated against based on their gender but rather what qualifies a person's gender. Living his whole life as a male El' Jai was extremely offended by his employers response to fire him. He expressed his feeling when he stated, "They were judging me for who I am, not for the job I was being asked to do, and that's wrong, and I was hurt." Although New Jersey is one of 12 states that legally ban discrimination of transgender individuals, people argue that El' Jai isn't being discriminated against because he changed his sex but because he isn't technically the sex they need for the job. This case has quickly brought up state and country wide questions regarding the definition of gender.

Is El' Jai a man? Should El' Jai be allowed to have the job of collecting urine samples from men during drug testing which includes watching them pee to make sure they don't trade samples with someone else? Is El' Jai an exception to the no discrimination against transgender individuals because his job requires the hired person to be a male?