Tribunal backs BC Ferries' firing of a transsexual over safety issues

[Shana A]

Tribunal backs BC Ferries' firing of a transsexual over safety issues

http://canadianpress.google.com/article/ALeqM5i6BMWzRrJwx9CUsFeMyjQe8hYpEw

VANCOUVER — A B.C. Human Rights Tribunal has ruled that safety, not sexuality, was a factor in the firing of a transsexual from BC Ferries.

Deborah Magnone claimed she was fired after rumours of her sex change poisoned the atmosphere where she worked.

BC Ferries countered that she was fired for cause after steering a major vessel in the wrong direction, resulting in a near-miss, leaving a safety patrol and steering another vessel into a hard landing.

[Dennis]

Sometimes, even a member of a minority can make errors or otherwise mess up at work. I know Judy Parrack and if the evidence had indicated that there was discrimination, she would have no problem in finding that there had been discrimination.

On the other hand, I can also see why a complainant, sensitive about her status, might view something as discrimination when it is a performance issue.

Dennis

[NicholeW.]

Sometimes, even a member of a minority can make errors or otherwise mess up at work. I know Judy Parrack and if the evidence had indicated that there was discrimination, she would have no problem in finding that there had been discrimination.

On the other hand, I can also see why a complainant, sensitive about her status, might view something as discrimination when it is a performance issue.

Dennis

Agreed on all counts.

And, tbh, if an organization wants to get rid of you badly enough, they will see to it that a series of 'incidences' gets ennumerated and used against you. If they have that file it can be difficult to do so. If the account is totally 'after' you've come out, you may have some recourse. Depnds on the referee or judge.

Nichole

[Dennis]

Yes, and in this case, safety is a hairy issue with BC Ferries, given that they recently had a major accident in which the ferry sank and two people died because an inexperienced crew member was left in charge and failed to avoid an island.

That's not to say there might not have been some other stuff going on. When I practiced Human Rights law, I noticed that in a considerable number of cases, the complainant was a difficult person to work with, unreliable, lazy, or incompetent, and, had the other workers or boss simply called the person a jerk or an idiot instead of a stupid <insert racial/sexual/etc epithet here>, the person wouldn't have had a case. And I acted for complainants. Other cases were, of course, quite genuine, but there really were a lot of cases where the issues were conflated because of the reaction to the person's minority status, regardless of workplace fit.

Dennis

[Shana A]

Rights panel backs B.C. Ferries in firing of transsexual

http://www.theglobeandmail.com/servlet/story/LAC.20080530.BCFERRIES30/TPStory/National

TERRI THEODORE
The Canadian Press
May 30, 2008

VANCOUVER -- The B.C. Human Rights Tribunal has ruled that safety, not sexuality, was a factor in the firing of a transsexual B.C. Ferries employee.

Deborah Magnone alleged she was fired after rumours of her sex change poisoned the atmosphere where she worked. B.C. Ferries countered that she was fired for cause after steering a major vessel in the wrong direction, leaving a safety patrol and steering another vessel into a hard landing.

also

http://www.thepeterboroughexaminer.com/ArticleDisplay.aspx?e=1050647