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?
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.)
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!
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....
It happens. I know I got fired for being Trans too. Not what they said but I know it.
Hugs. :'(
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.) =]
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.
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?"
What a pack of mongrels! Sounds like a good place to be out of if that's the way they think.
sucks hun hope it gets better soon
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.
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 (http://www.transgenderlaw.org/ndlaws/index.htm)
Map: http://www.thetaskforce.org/downloads/reports/issue_maps/non_discrimination_7_09_color.pdf (http://www.thetaskforce.org/downloads/reports/issue_maps/non_discrimination_7_09_color.pdf)
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
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.
Fall down seven times, get up eight...I've always wondered how that worked. ::)
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).
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.
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).
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.
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. :(
My brother-in-law is in IT and reckons a lot of firms will sack you if you don't show flexibility by changing jobs every few years anyway. WTF????
Pardon me while I go outside to smoke crack, gamble compulsively, and cross dress while salivating over someone else's feet. Preferably a child's. >:(
Quote from: Arch on May 23, 2010, 01:23:41 PM
Pardon me while I go outside to smoke crack, gamble compulsively, and cross dress while salivating over someone else's feet. Preferably a child's. >:(
o.0
Quote from: Arch on May 23, 2010, 01:23:41 PM
Pardon me while I go outside to smoke crack, gamble compulsively, and cross dress while salivating over someone else's feet. Preferably a child's. >:(
*starts to tap feet, waiting for Arch to get back*
Haha that made me laugh :P
Arn't we all supposed to be considered equal. This pisses me off. You know why in the hell is it called the LGBT community, when clearly the T part doesnt get any rights. I think the trans community isnt even included. I could just >:(. I'm angry. It's like the governmetn goes out of there way to discriminate. We should have a giant trans rally and march up to the white house and just go off, I mean tear them a new ass.
Quote from: mcalistershaun on May 23, 2010, 07:56:08 PM
Arn't we all supposed to be considered equal. This pisses me off. You know why in the hell is it called the LGBT community, when clearly the T part doesnt get any rights. I think the trans community isnt even included. I could just >:(. I'm angry. It's like the governmetn goes out of there way to discriminate. We should have a giant trans rally and march up to the white house and just go off, I mean tear them a new ass.
The "T" is the only thing totally out of relevance to LGBT. Because Trans* can be Lesbian, Gay and Bi. Also, the first 3 are sexual orientations where as the last is a psychological condition, not a form of sexuality.
http://sarahspublicdiary.com/2010/05/were-just-like-you-and-here-to-stay/ (http://sarahspublicdiary.com/2010/05/were-just-like-you-and-here-to-stay/)
I should print that out and give it to my aunt maybe she'll understand. BTW sorry about ur job, ppl blow.
Quote from: mcalistershaun on May 23, 2010, 09:45:55 PM
I should print that out and give it to my aunt maybe she'll understand. BTW sorry about ur job, ppl blow.
You're welcome to print that out if you want. It's from my public diary, more or less a blog.
thanx
This is just soooo wrong! Just makes me wonder which one of us is next.
(https://www.susans.org/proxy.php?request=http%3A%2F%2Fganjataz.com%2F01smileys%2Fimages%2Fsmileys%2FloopyBlonde-blinking.gif&hash=4545ddf8251cf9c32ae6074d56e48bc34a755857)Kristi
Quote from: sarahm on May 23, 2010, 08:54:13 PM
The "T" is the only thing totally out of relevance to LGBT. Because Trans* can be Lesbian, Gay and Bi. Also, the first 3 are sexual orientations where as the last is a psychological condition, not a form of sexuality.
http://sarahspublicdiary.com/2010/05/were-just-like-you-and-here-to-stay/ (http://sarahspublicdiary.com/2010/05/were-just-like-you-and-here-to-stay/)
THANK YOU!!
Although you might not limit it to just a Psychological condition (I understand there's some pressure afoot to get it listed in Physician's manuals rather than the DSM on the basis that it is at root a physical condition) but you speak what's not said often enough when you say it's not about sexuality.
Where are those lawyers you see on TV (no pun) who are willing to work to support human dignity? Probably bailing out another BP executive.
Sorry but I hope stuff works out.
BTW I heard a similar comment about IT and about sales, unless you are moving on every 5 yrs or so you have no ambition ::)
Cindy
Quote from: ƃuıxǝʌ on May 25, 2010, 02:32:49 AM
That's great and all, but all the folks in the GLBTI suffer similar forms of discrimination and need similar protections, whether they're gay or trans. It makes sense to band together. Strength in number and all.
I, for one, don't want to secede from the GLBTI community just because my condition is psychological rather than a sexuality.
Sticking together is fantastic, and the thing that is in common between all involved in the GLBT community is the fact that we are all minority groups, and all categorized the same. So this being said, we have a common grounds to work with. Someone who is Trans will generally feel comfortable around people whom are not classified as the ""normality"" (Quad Quotations for a reason) My statement is that, we are not technically classified as being apart of Gay, Lesbian, and Bi (Effectively there should be an A in there to cover Asexuals too but eh I'm sure they don't really mind) but that doesn't mean that we don't have a common grounds, or that we shouldn't associate ourselves with others categorized as being homosexual, bisexual or asexual. That is most certainly not what I am saying in anyway or form. My best friend whom was the first person I came out to is Gay. I liked being around gay guys, especially when they flirted with me, it made me feel more like a girl with a guy hitting on me. And one of my best friends from my old job is Lesbian, I actually just sent her a text earlier today to catch up when she has some free time. And generally, you will find that people with a gender condition are very open and friendly when they are comfortable, and I think it is good that we are able to hang out with L.G.B.A. people. They are amongst the nicest people this world has to offer. But don't limit yourself to them, you need to be able to interact with heterosexuals and other Transgender people too =]
Quote from: ƃuıxǝʌ on May 25, 2010, 05:46:38 PM
How on earth could you limit yourself to them? This world is incredibly heterocentric.
Some people completely remove themselves from Society and only interact with people they know will accept them, rather then taking the risk and finding out just how the world reacts to them. So some people limit their social interaction to just friends in other minority groups, some people even cut out their family from their lives.
It does happen, but it is simply a barrier that people need to pass and see that the grass is greener on the other side.
Quote from: sarahm on May 25, 2010, 09:45:07 PM
Some people completely remove themselves from Society and only interact with people they know will accept them, rather then taking the risk and finding out just how the world reacts to them. So some people limit their social interaction to just friends in other minority groups, some people even cut out their family from their lives.
It does happen, but it is simply a barrier that people need to pass and see that the grass is greener on the other side.
People with GID sometimes have such difficulty comforming to gender stereotypes growing up that they have been social outcasts all their lives, and have found acceptance only from a few others like themsleves. Upon reaching maturity, such people can sometimes lack social skills to a degree that impairs any meaningful reentry to society upon transition. Among those who are privileged to pass well, some have a chip on their shoulder that prevents then from taking any relationship with a cis person at face value on the presumption that the cis person would despise and shun them if their history were known, and perhaps even react with violence. That's a large set of barriers to pass.
Quote from: glendagladwitch on May 26, 2010, 06:47:41 AM
People with GID sometimes have such difficulty comforming to gender stereotypes growing up that they have been social outcasts all their lives, and have found acceptance only from a few others like themsleves.
Oh that's me alright, except I haven't found the acceptance part with persons like myself. Now that person or persons does/do not have to be trans, but they have to be highly gifted in the arts with the ability to see and feel the world as I do, otherwise the connection is non existant.
Quote
Upon reaching maturity, such people can sometimes lack social skills to a degree that impairs any meaningful reentry to society upon transition.
Oh, the skills are there alright, but those whom I encounter do not seem too receptive to what I have to offer. Oh well, their loss.
Quote
Among those who are privileged to pass well, some have a chip on their shoulder that prevents then from taking any relationship with a cis person at face value on the presumption that the cis person would despise and shun them if their history were known, and perhaps even react with violence. That's a large set of barriers to pass.
A little too late for that kind of relationship. The only relationship I want to hang on to is the relationship I have with my music. I've pretty much given up on people. Maybe another city, another town, another country
Quote from: ƃuıxǝʌ on May 26, 2010, 06:33:18 PM
Oh, we don't think you're strong enough to lift computers ...
It's actually a fairly common job requirement to be able to lift 50 pounds, not only in warehouse jobs,
but also in engineering where equipment pieces might rarely need to be lifted.
UPS requires the ability to lift 70 pounds.
How much an employer will insist on this is variable.
I always say that I can lift however many pounds their requirement is.
How much truth is in that, I can't say.
Besides, they didn't mention anything about not using forklifts, co-workers, etc. >:-)
Quote from: ƃuıxǝʌ on May 28, 2010, 07:23:45 PM
I have this gnarly new invention called a 'trolley' which I put heavy stuff on and wheel it to the desired location.
Clearly this invention is too new and expensive for ordinary businesses to own.
This 'trolley' device of which you speak sounds like pure witchcraft! Somebody call the witch finder general :laugh:
In all seriousness, I have been hesitant to say too much about this subject as I know nothing about U.S employment law but this wouldn't hold up for 10 seconds in a U.K court. And we're hardly progressive!
Quote from: Helena on May 22, 2010, 03:18:46 AM
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.
Yeah, I suspect they didn't want to dole out whatever they may have had to give in the event of a layoff. I think the T part is merely a smoke screen for other crap at the company. It's funny that by contrast at my job at UPS everyone knows somewhat that I'm different (I'm not out, so I think they think I'm gay) but no one gives any stink over it. And being a package pre-loader *is* a physically demanding job. Being a code monkey or network admin isn't demanding unless lifting your cup of coffee counts... o_O