Trans woman sues Ga. lawmakers for wrongful termination

A transgender woman is suing the leaders of the Georgia legislature to return to her job in the state General Assembly after she was fired for stating her intention to live as a woman.

[Cpetr13]

What would gender have to do with her ability to do her job? This is clearly a case of discrimination by narrow-minded bigots. What they consider immoral should not affect any employee as long as it is legal.

[dante2810]

Cpetr13 wrote:

What would gender have to do with her ability to do her job? This is clearly a case of discrimination by narrow-minded bigots. What they consider immoral should not affect any employee as long as it is legal.

Absolutely correct.
The fact that she was asked directly and then "escorted from the building" shows no other reason for this termination except for prejudice and bias.

There is another article by the AP and it has this paragraph in it:
"She decided on Halloween to dress as a woman for the first time at work, but it didn't go over very well. She said in the lawsuit she was sent home immediately when she showed up at the Capitol wearing a skirt, tights and black boots. Two other employees, both dressed in costumes, were not sent home, according to the filing."
http://ap.google.com/article/ALeqM5i_WBFgWv1-...

I fully support her lawsuit. I just fear for what she will have to endure as she goes thru all this.

BTW, this is why I donate to Lambda Legal every year!

[Resist Ignorance]

I hope that she wins but it will be very difficult. Georgia does not include sexual orientation in it's anti-discrimination laws and neither does the federal government.

[dante2810]

Resist Ignorance wrote:

I hope that she wins but it will be very difficult. Georgia does not include sexual orientation in it's anti-discrimination laws and neither does the federal government.

There is one way that she could win this, but unfortunately, our brother and sisters in the transgener community may not like it.... the American with Disabilities Act.

By definition, she has a disability in that her quality of life is affected due to Gender Identity Disorder. Now the term "disorder" has the negative connotation to it, but if you look at it objectively, it is not a negative.

There is ample medical evidence to support her desire and need for the surgery and the employer violated her rights based on that medical condition.

Now, I do not know how the Trans gender community feels about the medical definition, so please let me know if this is a wrong approach.

[Anna from Hattiesburg]

dante2810 wrote:

<quoted text>
There is one way that she could win this, but unfortunately, our brother and sisters in the transgener community may not like it.... the American with Disabilities Act.
By definition, she has a disability in that her quality of life is affected due to Gender Identity Disorder. Now the term "disorder" has the negative connotation to it, but if you look at it objectively, it is not a negative.
There is ample medical evidence to support her desire and need for the surgery and the employer violated her rights based on that medical condition.
Now, I do not know how the Trans gender community feels about the medical definition, so please let me know if this is a wrong approach.

I've heard the argument go both ways. On the one hand if being Trans remains clinically a disorder you have the ability to receive assistance when getting surgeries. On the other hand the negative connotation does set the group back as far as validity.

[Zoe Brain]

Quotes from the ADA

Sec. 12211. Definitions

(b) Certain conditions

Under this chapter, the term "disability" shall not include

(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

[Dasein9]

dante2810 wrote:

<quoted text>
There is one way that she could win this, but unfortunately, our brother and sisters in the transgener community may not like it.... the American with Disabilities Act.
By definition, she has a disability in that her quality of life is affected due to Gender Identity Disorder. Now the term "disorder" has the negative connotation to it, but if you look at it objectively, it is not a negative.
There is ample medical evidence to support her desire and need for the surgery and the employer violated her rights based on that medical condition.
Now, I do not know how the Trans gender community feels about the medical definition, so please let me know if this is a wrong approach.

This is pretty hotly debated right now, and you've characterised the debate pretty accurately.

[Dyssonance]

As noted by ZoeB, the ADA does not cover GID.

At all.

So the case, ultimately, will need to rely either on Georgia law (which is unlikely) or Federal case law, which is going to place a burden on her to demonstrate that the job does not require specifics of dress for reasonable business purposes.

That is, she'll have to establish sexism.

Oh, and ZoeB -- meet Dasein.*very cool* guy.

[Resist Ignorance]

dante2810 wrote:

<quoted text>
There is one way that she could win this, but unfortunately, our brother and sisters in the transgener community may not like it.... the American with Disabilities Act.
By definition, she has a disability in that her quality of life is affected due to Gender Identity Disorder. Now the term "disorder" has the negative connotation to it, but if you look at it objectively, it is not a negative.
There is ample medical evidence to support her desire and need for the surgery and the employer violated her rights based on that medical condition.
Now, I do not know how the Trans gender community feels about the medical definition, so please let me know if this is a wrong approach.

That would, indeed, be a tricky solution. It would mean that the transgendered person would have to admit that their condition is a disability. That could set a dangerous precedent. I have a transgendered friend that I could ask for an opinion but I don't see her very often. Perhaps come of the transgendered people on here could offer an opinion.

It seems that there was a similar case in Florida of a popular city manager who was fired when he came out as transgendered. What a shame!

[Mr Tomatoe]

When i was a woman I would get like this also. but I can tell you one thing for sure, the extra money always came in handy, and still does.
It's like the Lottery when you win. Muscrat love?

[Resist Ignorance]

Zoe Brain wrote:

Quotes from the ADA
Sec. 12211. Definitions
(b) Certain conditions
Under this chapter, the term "disability" shall not include
(1) transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

Good point. Sorry, I started writing my post and then before posting it I went downstairs to watch the "Daley Show". I didn't refresh my screen so I didn't see your post. That makes my last post seem superfluous.

Well, hopefully, she will win anyway. I can't see how with the laws stacked against her the way that they are. It sucks!

[dante2810]

Dyssonance wrote:

As noted by ZoeB, the ADA does not cover GID.
At all.
So the case, ultimately, will need to rely either on Georgia law (which is unlikely) or Federal case law, which is going to place a burden on her to demonstrate that the job does not require specifics of dress for reasonable business purposes.
That is, she'll have to establish sexism.
Oh, and ZoeB -- meet Dasein.*very cool* guy.

Grrrrr...frustrating.

But then again, I can get fired here in Texas just for being gay too.
Sooooo much work left to for us...

[Dyssonance]

Just as a note:

In order for their to be a need for treatment -- and, therefore, transition -- regardless of how the individual feels, the basic requirements under WPATH provide that there must be impairment.

That is, it has to be a disability.

Something to keep in mind is that, ultimately, we don't get a choice in what we are classified under according to the various orgs. Involvement by actual transfolk is a relatively new phenomenon (such as Jamison Green's involvement with WPATH).

There is an active, current chance that the ADA classification can be changed.

[Cpetr13]

Actually, I don't think it is as complicated as people are trying to make it. She was not fired for wanting treatment, needing treatment, or for dressing as a woman. She was fired for SAYING she was going to live as a woman. That's a pretty clear infraction of basic speech rights. s far as I know, it is not illegal in GA to live as a woman if you happen to be a somatic male. It would be hard to even define.

HAd she told them she was going to come in the next day in full women's regalia and they told her no--and then she came in anyway--then that would be clear insubordination. But they did not even give her time to rethink her position. Since she had not actually done what she said, there was no reason to fire her.

[fuzi]

Welcome to Georgia. Outside the little island of Atlanta there exists an entirely different world largely populated by ignorants and bigots. Sadly, most of the legislature is comprised of these types, as well.

[Junker]

fuzi wrote:

Welcome to Georgia. Outside the little island of Atlanta there exists an entirely different world largely populated by ignorants and bigots. Sadly, most of the legislature is comprised of these types, as well.

So true fuzi. Out in the suburbs they think that the gays stole the rainbow from Noah!

My son tells me though that midtown is totally different. He just move back after graduating college. He has told me that in midtown you might see a gay couple sitting in a restaurant next to a hetero couple and that no one seems to care. He was pleasantly surprised how open it is.

[t1ao]

I just don't see how this is not a gender discrimination issue. Gender is covered in non discrimination laws. Gender Identity Disorder clearly identifies what a person's gender really is and therefor this woman was discriminated against because of her gender. She was fired because she is a woman. Seems very clear to me.

[coaltrain]

Junker wrote:

<quoted text>
So true fuzi. Out in the suburbs they think that the gays stole the rainbow from Noah!
My son tells me though that midtown is totally different. He just move back after graduating college. He has told me that in midtown you might see a gay couple sitting in a restaurant next to a hetero couple and that no one seems to care. He was pleasantly surprised how open it is.

you and fuzi are sick puppys!! i am glad they got rid of that freak from public office.i dont want some loser/freak working in my state gov. good post and good work georgia.BTW,us folks outside of atl. are glad of it. ATL. is the sewer of the south.crimeridden,full of onry blacks and yankees,queers and mexicans.enjoy your sewer. and that comment about your son seeing two queers and being happy about it???????? you need to get him a woman.all the b.s. going on in ATL.and this is what you hold up to be happy about??? y'all need help.

[coaltrain]

Cpetr13 wrote:

What would gender have to do with her ability to do her job? This is clearly a case of discrimination by narrow-minded bigots. What they consider immoral should not affect any employee as long as it is legal.

you are a joke.hope you stay the hell in indy

[Dyssonance]

wow, coaltrain, way to perpetuate the sterotypes of hillbillies.

why, I don't doubt you could fit in more racism, sexism, and downright unchristian attitude intoa post.