Illinois Dept of Human Rights Ruling on My Case.

[Julie Marie]

After a year of having it to review, the IDHR ruled against me in my discrimination case against my former employer.  I shouldn't be surprised, they usually rule against the complainant.

I sent my reply to my attorney and pointed out they failed to interview the only two witnesses who could corroborate my claim.  They sided with my ex employer and ignored what I said.  They ignored the fact my position changed practically overnight after it was announced I was trans.  They cut my pay after returning from medical leave, in direct violation of FMLA law.  And other stuff as well.

In spite of that, my attorney decided the deck was stacked against us and has withdrawn from the case.

Lesson learned: The employer is always right unless you have a rock solid case.  They can say whatever they want and it will be taken as truth.  Anything you say to the contrary is considered hearsay.  And if they don't want to interview your witnesses, they will give you a BS reason why they didn't. 

Trans discrimination is alive and well and supported by government agencies in place to protect you.  I guess I thought we had advanced as a society.  Looks like I was wrong.

[sarahb]

I'm sorry to hear that Julie! As much as we have progressed in society, there are still many steps to take until we are accepted and given equal rights and equal protections. The laws are only as good as those who enforce them.

~Sarah

[MMarieN]

That just sucks, Julie. I'm so sorry to hear this. *hiugs*

[tekla]

I shouldn't be surprised, they usually rule against the complainant.

That of course argues that it's hard to win discrimination (in this case, wrongful termination) cases no matter who you are, as the courts tend to side with the company from the git-go (ahem, because the law is structured that way, because the companies have more input when it comes to writing laws).  Trans persons are a group that are frequently discriminated against, but they are not the only ones. 

It sucks, and perhaps even more because it is 'par for the course.'

[MaggieB]

That is deplorable, Julie. It is to your credit that you tried.

Maggie

[Dawn D.]

Julie,

My empathy goes out to you on this.

I am sure you've already looked into such things, however, does Illinois have any Trans-allied law groups formed in that state? Similar in nature perhaps to what we have in California with the Transgender Law Center. These folks are exceedingly helpful in cases such as yours.

If not, it might be prime time to have one develop for future instances.

Again, sorry to hear of the ruling against your position.


Dawn

[Julie Marie]

On the smaller front (TG) this is but further evidence we have a long way to go.  But in the big picture, as Kat correctly pointed out, is employers are favored in discrimination cases and unless you have all your I's dotted and T's crossed, there's little chance of real fairness.  The little guy loses.

This is why we can't just go online and bitch or complain.  We have to get out there and make noise.  Harvey Milk was quoted as saying, "If we all come out, we will win."  To me, that means if everyone came out and their family and friends backed them, discrimination would end.  The biggest problem the LGBT community faces is their own shame and fear.  And it's worse for the T part of that.

I know this won't happen in what time I have left here but if we keep hiding and buying into the shame, it will take generations to see real change. 

I'll do my part while I'm here but it's the youth who will make the most difference.  In the meantime, anyone who plans on coming out at work, do your homework and document EVERYTHING!  No matter what the laws say, it's the people who interpret them who will decide your fate.

[V M]

{{{HUGS}}} 

[tekla]

Julie my dear, fighting the fight is always worth it, even when you lose - because what's the other option? Give up?  Give in?  Nah.

To you - and you know I almost never say such things-...

You have my ultimate respect.

[Janet_Girl]

Exactly why I never pursued Lowe's, because they CYAd their own butt.  Even though I know the store manager did not like having me there, transitioning.


Better luck next time, Julie.

Janet

[gennee]

Julie, I'm so sorry that you lost your case. I'm not surprised by what happened. This is the reason that being stealth is not an option for me. There's too much at stake. I'm seeing more young people rising up and taking charge.

Gennee

[Julie Marie]

Janet, even though Lowe's covered their butt it would have been worth it to file a complaint anyway.  Had not my attorney offered to take the case and do so on contingency, I would have filed with the IDHR myself.  It doesn't cost anything except my time and transportation costs.  Considering how poorly my attorney handled the case, I probably would have been better off.

Kat, don't worry about me giving up.  I'm preparing a a Request For Review right now and I'll file that myself.  And I'll keep pursuing this until all avenues are exhausted.  At the very least, they will be burdened with attorney fees, labor costs preparing documentation and the hassle of having to spend time and money on proving their innocence.  And I'm also filing a complaint with the Labor Department for violation of the Family Medical Leave Act.  From everything I've read, I should have a pretty strong case.  But... we all know how these government agencies really work.

And thanks for the comment, the respect is mutual.

[Miniar]

*hug*

[Alicia Marie]

Julie,
  I'm sorry to see that you lost your initial battle. That doesn't mean that they have won the war though.
  As a fellow Illinoisan I have to admit that our state has the worst laws and discrimination against anything that isn't profitable to politicians than any other state. I could be wrong but that is the general idea of all I have met.
  I wish you luck on your next battle.
  May God bless.

[spacial]

While not quite the same as your case, I had a not dissimilar experience a few years ago.

I went to work for a small company that was doing some alterations in a school. I was asked to punch a hole through a wall, above a suspended ceiling. I only realised, after, that the wall was asbestos.

I was initially told to get on with it, but refused. I was then dismissed and lost a week's pay. I had to go home covered in the stuff to shower there.

I complained to the local health and safety commission, a government department. I told them I had samples and gave dates and so on.

The H&E went to the employers for a chat. Then wrote to me saying they had decided it was my own fault.

In these cases, I always keep as much of the paper work and evidence as I can then put it behind me.

[SusanKG]

Sorry to read that Julie. Unfortunately, in the supposed seat of democracy, the politicians and thus "the people's" bureaucrats are whores for big business, and usually get nailed for it only when the fail to follow the program, or get too publically caught with their zippers down. I notice that big business didn't have enough power, so the Supreme Court declared they have the same rights as a person (any person with millions or billions of bucks to spread around. They've already bought the "news" business lock stock and barrel of ink or gigabits.

Dumb ole' soap boxes - they just scream out to be stood up on. Sorry for the hijack. It sounds as if your attorney was incompetent enough to file a bar association complaint against. At least you're not out a fee. I hope you get some effective response from the labor department. The easiest thing to do is to sit out here and tell you what you should be doing, knowing full well most of use are too buried in our own situation to shout out for others.

I guess I thought we had advanced as a society.  Looks like I was wrong.

Julie, we have advanced; just not far enough yet. Like all progress, it's two steps forward - one and nine-tenths backward.

Thank you for trying.

SusanKG