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San Francisco DMV settles civil eights lawsuit with transgender woman

Started by Natasha, August 15, 2011, 05:45:08 PM

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Natasha

San Francisco DMV settles civil eights lawsuit with transgender woman

http://www.windycitymediagroup.com/gay/lesbian/news/ARTICLE.php?AID=33305
8/15/11

San Francisco - Transgender woman and San Francisco resident Amber Yust settled her privacy and civil rights lawsuit with the San Francisco Department of Motor Vehicles. In October 2010, a DMV employee, who had a known history of denying equal service to transgender customers, retained Yust's personal information through his employment at the DMV. The employee then used the information to send her materials condemning her transgender status, and calling for homosexuals to be "put to death."

Yust, through her attorneys Chris Dolan and the Transgender Law Center, filed a lawsuit in December 2010 against the DMV, alleging violating of her rights under the California Information Practices Act and Unruh Civil Rights Act. Yust brought similar claims against the DMV employee, who voluntarily resigned from his position with the DMV shortly after the incident.


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Vicky

Once again, accuracy is sacrificed for a news bite!  The city of San Francisco does not have its own Department Of Motor Vehicles.  The agency involved here is the California State Department Of Motor Vehicles , and the incident occurred at it San Francisco Field Office.

As as recently retired supervisor from another California state agency, I am not surprised by either the rapidity or general level of the settlement offered to Yust in this case.  The DMV employee was definitely acting OUTSIDE any and all official duties when he took her information for his private purposes.  The article does not mention that even though the employee resigned voluntarily, that he could have been subject to felony criminal prosecution and jail time in addition to the civil damages for misuse of state computer equipment and information assets.  He is permanently barred from holding state employment ever again.  The attorney who represented him in his share of the settlement was not paid for with state funds so his 15K settlement is in addition to another 8-10K of fees.

The State Of California has adequate legal basis and disciplinary tools to deal with both the prevention and correction of employee conduct in regard to ANY member of the public.  The problem at the minute though, is that with the budget issues that have almost brought the state to its economic knees, have left the budgets of the individual agencies without funding for the training needed to insure fair and un-biased customer service in the ways it is needed.  The only employees guaranteed to get this training at the minute are those who are mandated by law to get it.  (As a supervisor, I was one of those employees).  The DMV and several other agencies have a high turnover of the lower employment levels where DMV clerks are, and they do not have budgeted time and resources for the level of training needed.  Without the training, it is harder and longer for individual supervisors and the department HRC units to weed out the bad employees. 
I refuse to have a war of wits with a half armed opponent!!

Wiser now about Post Op reality!!
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