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Fired for being Transsexual.

Started by sarahm, May 21, 2010, 11:19:17 PM

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sarahm

Ok, little over 2 weeks ago, I was fired from my job (Instantly dismissed) for being Transgender.

This was what was said to me by the person whom fired me.
QuoteI hate to do this on a monday morning but BLA BLA BLA;
The reasons for this are because of the medication you are on, you are at a higher risk of injury and IT rerquires a strenious physical aspect,
and because you may not be emotionally stable. As well, we have no host employers and it would not be beneficial for the company to keep someone like you on.
However, once you have sorted out your personal issues in your life, then come back to us and we'll be more then happy to find a placement for you.
Try to be safe.
Now, I am on the government financial aid system (Dole) since I was fired, and I required a certificate from my previous employers. On the certificate, for reason as to why I lost my job, they ticked "Other" and wrote in, "Personal Reasons". I am in the process of finding a lawyer right now.

Anyone else had something like this happen?
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Arch

I'll keep my foul language to myself.

I'm sorry you lost your job. I haven't experienced anything like this, but I wish you luck.

&*^%%$^!!!! (Sorry, this sort of thing just pisses me off.)
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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Hermione01

I'm so sorry this happened to you.  :(

It makes me angry that they think they can get away with this. Their excuses are just so lame!
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justme19

wow.... that really sucks! Makes me soo mad!!!
Couldn't you almost sue them for discrimination??  I honestly would not know, but that is like firing sombody for being Gay, witch is not allowed....
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Janet_Girl

It happens.  I know I got fired for being Trans too.  Not what they said but I know it.

Hugs.  :'(
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sarahm

It's unfortunate, but I believe it to be a good thing, it has so far allowed me to get support where I never thought possible, I have had the time to evaluate my life, and what I want to do with it, and where I want to go. On top of that, it has allowed me to focus on my transition, and come up with a date to go full time, and start the 12 month countdown to surgery.

Ultimately, I am very positive about this, while obviously, my feelings were overwhelmed by grief, suffering and total emotional pain the day I lost my job. I got home and uncontrollably cried, got on the phone to speak to an old boss of mine from over a year ago, and started crying again. But that is over and done with.

Remember Boys and Girls, pain is only temporary, and if we do not experience pain at some point in our lives, we will never be able to experience true happiness (There is no way to compare one without the other.) =]
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Rock_chick

IT requires a strenuous physical aspect? What! Pretty much every man I know that works in IT treats it as a doss...in fact all the girls I know that work in IT take it far more seriously and are probably 5 times more productive. hehe

That is seriously just pathetic behaviour on your employers part.
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Renate

Wow! The explanation they gave was pretty blatant. Too bad that you don't have it on video.

In many cases, it's not discrimination:

"You are an 'at will' employee and we no longer require your sevices.
There is absolutely no reason why we are doing this."

"Um, right. Can we get this farce over now so that I can get to unemployment today?"
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justmeinoz

What a pack of mongrels! Sounds like a good place to be out of if that's the way they think.
"Don't ask me, it was on fire when I lay down on it"
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jesse

sucks hun hope it gets better soon
like a knife that cuts you the wound heals but them scars those scars remain
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sarahm

Quote from: jesse on May 22, 2010, 07:39:37 AM
sucks hun hope it gets better soon

It is already better. I go full time in 15 days, and start studies to become a Psychologist. I am also much happier and more grateful of life.

Funny how this negative was never really taken as a negative, but a window to a positive.
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Valentina

Quote from: Renate on May 22, 2010, 05:48:47 AM

In many cases, it's not discrimination:

"You are an 'at will' employee and we no longer require your sevices.
There is absolutely no reason why we are doing this."

"Um, right. Can we get this farce over now so that I can get to unemployment today?"

True but if the employee belongs to a "protected class" for being transsexual/transgender/gender non-conforming, etc and she was fired because of her gender identity, she may have grounds for a law suit.

(13 states in the US prohibit discrimination based on gender identity or expression.)

http://www.transgenderlaw.org/ndlaws/index.htm

Map: http://www.thetaskforce.org/downloads/reports/issue_maps/non_discrimination_7_09_color.pdf
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Jasmine.m

Quote from: sarahm on May 22, 2010, 06:12:25 PM
Funny how this negative was never really taken as a negative, but a window to a positive.
Way to stay positive!! :D
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MillieB

Quote from: ƃuıxǝʌ on May 22, 2010, 06:32:09 PM
However it's a step backward for trans rights.

In order for it to be a step backwards, there would have needed to be the step forwards first, unfortunately, we are and always have been miles away from equality. There is a lot of work to do yet, but I know what you mean.

Glad that SarahM has taken positives from it though.
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Arch

Fall down seven times, get up eight...I've always wondered how that worked. ::)
"The hammer is my penis." --Captain Hammer

"When all you have is a hammer . . ." --Anonymous carpenter
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Evan

based on what you've quoted them as saying (assuming you're in America, though most countries have something similar to this), they've violated Title 1 of the Americans with Disabilities Act (ADA).

"An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment."

It's a blessing that you've been able to find a positive spin on this, but isn't it sometimes just the principle of the thing? Maybe you might consider filing a complaint with the Equal Employment Opportunity Commission (800 - 669 - 4000).
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glendagladwitch

IDK if you are in the US, but if so, you should be aware that the Price Waterhouse line of cases offers protection on a federal level for transitioners under Title VII.  It's not cut and dried, but it sounds like you should expect to recover here.  Some federal circuits have been less friendly though, so it sort of depends on where you are in the US. 

Yes, I am a lawyer, but I am not your lawyer.  This has not been legal advice.  I suggest you consult with Cole Thaler at Lambda Legal.
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Tammy Hope

Oooooooo...

Never heard of invoking the ADA in such cases but the suggestion is most intriguing - has it ever been successfully attempted?

(or unsuccessfully for that matter?)

Quote from: Evan on May 22, 2010, 11:08:25 PM
based on what you've quoted them as saying (assuming you're in America, though most countries have something similar to this), they've violated Title 1 of the Americans with Disabilities Act (ADA).

"An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment."

It's a blessing that you've been able to find a positive spin on this, but isn't it sometimes just the principle of the thing? Maybe you might consider filing a complaint with the Equal Employment Opportunity Commission (800 - 669 - 4000).
Disclaimer: due to serious injury, most of my posts are made via Dragon Dictation which sometimes butchers grammar and mis-hears my words. I'm also too lazy to closely proof-read which means some of my comments will seem strange.


http://eachvoicepub.com/PaintedPonies.php
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Evan

I remember reading somewhere it had been done that's why I wrote it. can't seem to find it though... if they are going to classify GID as a mental disorder then it would follow that it should be protected as other mental disorders are.. they can't have it both ways just to screw us right? but evidently there was a clause put into the ADA and the Rehabilitation Act to exclude transsexuals. the confusing part is that it says it doesn't cover transsexuals or "Gender Identity Disorder not from physical impairment". yet the ADA defines a physical impairment as

"Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine."

If GID is going to classified as a mental disorder then it should be covered..... I did find where it was successfully argued in Doe v. United States Postal Service using the Rehabilitation Act, but from what I could gather that was before the clause was put into effect. This clause is just asking to be contested..::grumbles::. If people who have recovered from a disability, have a facial disfigurement, or are drug addicts are covered, as well as people with temporary disabilities... I'm going to stop myself, I'm upset I didn't research it further before I wrote it... I did find where Title VII has in some circumstances worked liked glendagladwitch  stated. Smith v. City of Salem, Barnes v. Cincinnati, Schwenk v. Hartford, Price Waterhouse v. Hopkins.
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Renate

Quote from: Evan on May 22, 2010, 11:08:25 PM
They've violated Title 1 of the Americans with Disabilities Act (ADA).

"An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment."

Sounds good, but you forgot the transsexual exclusion in the ADA:

Quote(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;

Um, yup, once again we're tarred with the same brush as pedophiles. :(
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