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Should I pursue this further;discrimination at my work place??

Started by collettemichelle, August 18, 2013, 08:07:31 AM

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collettemichelle

I am a 50 yr old pre-op female;transitioning M2F for past 2 years and am a CardioVascular ICU RN with 25 yrs experience.
I hired on at a new hospital 2 mnths ago.I was open with human resources about my transition and during the hospital orientation the hospital was promoted as a non-discrimatory facility.Stating that discrimination was not allowed Staff towards patients/visitors
and also Patients/visitors towards staff.
As some may well understand it wasn't easy to broach the subject of my transgender self to any of my peers who made enquiries.I have been open in my answers and have been amazed at how many of them have been accepting and friendly.
Now two incidents have occured:-
A patient angrily reacted to my having my nails being painted.He refused to have me care for him further even though it was my
second shift doing so.He refered directly to my nails in his complaint.The charge nurse (who is also like an assistant manager) changed my assignment without ever informing him that he was being discriminatory.
Yesterday one of my peers came to me and apologised.Stating that she didn't want me being upset if she no longer called me Collette but instead reverted to calling me by my legal name.(I am still in the process of having my name changed).This nurse,who has been very supportive so far,stated that the above mentioned charge nurse/assist.manager told her to stop calling me Collette before I legally changed my name.

Now I want to pursue this further.For myself I can cope but I feel that if I don't do anything it may set a negative precidence for future staff members transitioning at work etc.
If I do so I am afraid that this charge nurse may make things difficult for me in hidden ways.She is the one who approves over-time and vacations for example.

Please be open in your responses and suggestions,I am more than interested in all replies and won't take offence regardless.
I need to resolve this somehow.And soon I think.
"It was on that road and at that hour that I first became aware of my own self, experienced an inexpressible state of grace, and felt one with the first breath of air that stirred, the first bird, and the sun so newly born that it still looked not quite round."
    Sidonie-Gabrielle Colette
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mrs izzy

I would if you are in the states. The EEOC just in last few months has ruled that transgender people fall under the sex clause. If you do a search you will find this new ruling based on a CIA employee case.

Happy Hunting lol.. Good luck
Izzy
Mrs. Izzy
Trans lifeline US 877-565-8860 CAD 877-330-6366 http://www.translifeline.org/
"Those who matter will never judge, this is my given path to walk in life and you have no right to judge"

I used to be grounded but now I can fly.
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DriftingCrow

Like stated above, the recent rulings in EEOC cases makes trans protections better.

Laws do differ depending on which state you're in so what you experienced may have different significance legally from one state to the next. But, I'd first start internally by reporting this behavior to a higher up. Hopefully that'll clear things up without having to seek outside help from an attorney or civil rights group.
ਮਨਿ ਜੀਤੈ ਜਗੁ ਜੀਤੁ
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suzifrommd

I would definitely discuss both incidents with the human resources folks at your facility.
Have you read my short story The Eve of Triumph?
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collettemichelle

I agree and thank you.By the way I did talk with the Unit Manager following the first discrimination and I intend to talk with her when I go to work on Wednesday regarding this latest one.Depending on her answer I will know where the source is;the charge nurse,the manager or (and hopefully not) human resources.
By the way Her reply to me at the time of the incident was to try to tell me that the charge nurse was just trying to "de-escalate" the situation.When I reiterated the discriminatory factor she continued to support the charge nurse.I educated her on the fact that whilst I am not mortally wounded and would let the situation drop-hoping she would talk to charge nurse and ensure it wouldn't happen again-that the future may well bring this type of situation up again and that increased action,even legal action, may result.Again she was not able to comprehend the severity of the discrimination.
Perhaps I should tell her about Susans Place so she could educate herself.Do you think I should?
What about my fears of repercussions?I know it's being selfish but it's an honest worry.
"It was on that road and at that hour that I first became aware of my own self, experienced an inexpressible state of grace, and felt one with the first breath of air that stirred, the first bird, and the sun so newly born that it still looked not quite round."
    Sidonie-Gabrielle Colette
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LordKAT

Just an odd question. Do any people there get called by a nickname? If so, then it would be hard for them to enforce that you be called by your legal name.
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mrs izzy

Just to throw this out there. Most states allow common law name change.

Definition: Believing that a person has the right to a person has the right to adopt, assume, or use any name they want as long as it isn't defrauding or hurting anyone else, many states allow a person, including a child, to change his or her name by using the common law rule.

Under the common law rule, all you have to do is use your new name "consistently, openly and non- fraudulently, without interfering with other people's rights."

Just something that was rattling around in my head.

Izzy
I also found this
What's In Your Name?

Most individuals have the right to use and have recorded any name or combination of names they choose. Married women have the right to use their maiden names, a combination of their maiden name and their husband's name, or a name unrelated to either. Parents have the right to give their children a surname that may be that of either parent, a combination of both, or even one that is different from that of either parent.
By "Common Law"

    There is a common law procedure for changing your name. In order to utilize this process you should notify all agencies and institutions in writing that your name is changed. This includes Social Security, university registration, driver's license and car registration, bank accounts, credit cards, leases, employment records, etc. You may have to pay a fee for some of these changes. You also may run into a hassle with some places who won't process the change without court papers, even though you are not legally required to go through that process. If this happens, you may appeal the decision of the administrative agent within that agency, or you may change your name in court as described below. Again, your life situation should determine which option you pursue.
Mrs. Izzy
Trans lifeline US 877-565-8860 CAD 877-330-6366 http://www.translifeline.org/
"Those who matter will never judge, this is my given path to walk in life and you have no right to judge"

I used to be grounded but now I can fly.
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Jamie D

Changing your work assignment because of a discriminatory patient is not likely something that you can contest.

However, what the charge nurse did was clearly discrimination in Nevada (your profile says "Las Vegas")

Read this short article:


Nevada Outlaws Job Discrimination Against Transgender Individuals


by Natalie F. Hrubos
Greenberg Traurig, LLP
posted on: Friday, May 27, 2011

Nevada is the 14th state to make it illegal for employers to discriminate against transgender people in the workplace. On Tuesday,  May 24, Nevada Governor Brian Sandoval signed into law AB211, which adds gender identity and expression to the State's  existing  anti-discrimination statute. "Gender identity or expression" is defined by the statute as "a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth." The statute also expressly provides that "an employer shall allow an employee to appear, groom and dress consistent with the employee's gender identity or expression."

You should have a copy of this article when you discuss the situation with your human resources manager.
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