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Work discrimination in Australia, Desperately need help

Started by Sarah leah, June 17, 2017, 05:08:44 AM

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Sarah leah

So I wanted to both vent somewhat and also to let people know what is occurring on my side of the world. IE Australia.

A few months ago I spoke to my team leader where I work about being intersex at birth and the psychologically  problems  it has had on me over the years. However, being as we are both Social workers things got more in-depth and we both found ourselves opening up to each other about our histories and family. As a result I stated I was transgender also and was about to commence with my transition as of the 30th May 2017. She was fantastic about it all and we agreed to speak once every few days for 15 mins about it and any issues I had about my transition.

By the 10th of May I had changed my plans and called a staff meeting for my team at work so I could advice them of what I was doing, how, why and the process. The outcome was fantastic with those present being supportive and giving the standard "You are so brave" and "I knew something was different about you" etc etc. Over the next 12 days I grew more comfortable with the girls at work and we all spoke about ourselves and the atmosphere was great to be a part off. I was starting to smile a lot and act like one of the group. I was asked to the "girls only nights" despite my not presenting as female yetI was treated like one of the gang. 

side-note: I am not ready to change my appearance fully. Instead I am 100% androgynous, which is funny as the girls at work have stole all my hair ties on many occasions so that I would have to wear my hair down past my shoulders. This made a few of my clients (small children) flip out as they kept asking are you a boy or girl?

Unfortunately, the story of my coming out so to speak was now reaching other areas of the agency I work for meaning all the upper management, HR and public relations had just been fully informed. With this happening I started to spot odd people in the offices I work from. Indeed, one particular fellow was giving me daggers all the time. It turned out he was our senior HR person.

This uncomfortable feeling continued from him every time I saw him, whilst the girls at work and I grew closer and would often laugh, joke or act up like any group of friends. Sadly, at the end of one work day I got a email requesting I attend a meeting with the HR guy and another manager from an other area. They sat me down and stated, "Sorry but we are not renewing your contract." I asked why and the HR fellow stated, "We just won't be."

Now I am a Social worker so I advocate a lot of the time, I was also born and raised in Ireland so I can be very firm when cornered. Moreover, I am unfortunately very smart and often think things through ahead of time, which is a problem as I can appear a bit blunt when I know people are wrong. That said, I am glad I did as I had brought along several policies and procedures just in case.

I selected one that stated I was to be informed in writing and verbally why I was no longer required given the high demand in the community for my services as a children's psychotherapist. He did not react well and became a bit gruff with his replies indicating it was a financial issue and they could not obtain funding for my position. I explained to him this was incorrect as we had over 120% more clients that was mandated by the government funding bodies, so in reality my role was funded for 2-4 years more. He got more annoyed and refused to speak but I did and stated, "So no funding issues, but you do have an issue and I feel it is related to the way you have been staring at me." His eyes widened. I continued, "So I can only deduce you either like me a lot more than you are comfortable with or you do not like the idea I am changing my gender at work." He exploded and reported, "Listen here you ->-bleeped-<- I am not going to break a sweat over you leaving as it is your word against mine and at this time I hold all the cards and you hold none."   


I walked out as stoic looking as I could before bursting into tears in my office, where upon one of the girls I work with spotted me and spoke to me. I must have been in shock as I told her only that I had lost my job then I walked out. That was three weeks ago and since then I have had to leave my community of 20 years with both my children (under 10 years old) and move 600kms away to stay at my parents home because less than 24 hours after the event I was contacted by a old friend in another agency who advised my story was now public knowledge. I have not slept, ate or socialized at all resulting in my father having a doctor prescribe me medication and bed rest as well as him applying for workcover funding for me(government pays your wages etc while they investigated my claims). So right now I am a bit of a mess as I have to rebuild my confidence, regain my composure and commence with the process of finding another job due to one ignorant man child.

I am unsure how to proceed honestly but I think once my claim is official I will contact a lawyer in South Australia to help me build a case for gender discrimination.

It is a terrible thing to think people like him still exist in our society.


A straight line may be the shortest distance between two points, but it is by no means the most interesting
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Megan.

Sarah,  what a horrible situation. I'm glad to hear you're standing up for yourself and taking action. Keep strong.  X

Sent from my MI 5s using Tapatalk

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Sarah leah

Thank you.

I just feel he will do everything to get out of it whilst I try to find my feet once more. I think in Adelaide in South Australia there are a few groups who can advocate for trans people so that is my next port of call.


A straight line may be the shortest distance between two points, but it is by no means the most interesting
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Sarah leah

So the last week has been hell to be honest. I got an email a few days ago from the man in HR who was being discriminating towards me, that informed me my services were no longer required as they felt rather than me returning to work for a month they would simply pay me two weeks of wages and end my contract because "I appeared upset and stressed" so it was a "kindness" on his part to save me further stress.

What is funny is he date the letter one day prior to him being contacted by work cover to inform him that I was in the process of making a claim. Worse yet he wrote it only 40mins after being contacted that I was taking legal action. The letter was not written the day before as he is trying to make it seem, rather I know when it was created as it has an electronic time stamp of the moment it was created, as well as by who and where it was made. So he just lied to me like an idiot trying cover his tracks.

In terms of work cover it looks like they are not going to accept my claim of gender discrimination at this time so I need to hitch hike 65km to Adelaide to walk around looking for a lawyer to help me and find the equal opportunity building to gain help.

I will keep this updated as I go as it might help others.


A straight line may be the shortest distance between two points, but it is by no means the most interesting
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Jennifer RachaelAnn

Ok, this kind of ->-bleeped-<- makes me sick. He thinks that because he is in HR that he can treat people however he wants based on his own stupidity.

Quote
"Listen here you ->-bleeped-<- I am not going to break a sweat over you leaving as it is your word against mine and at this time I hold all the cards and you hold none."   

If you pressed it you could own his ass and every descendant of his for this kind of thing. You are not in North Korea. You have rights. He cannot legally do this to you without punishment. If you wanted you could go after the company for even allowing this, and most likely, own them too. At the very least he should lose his job and be blacklisted in the rest of the country.

I won't get into what I would have done in that situation, as I am an extremely violent person, but there is no way I would have just walked out. There would be blood.
"There are many who would take my time. I shun them.
There are some who share my time. I am entertained by them.
There are precious few who contribute to my time. I cherish them."


-Anton Szandor LaVey



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elkie-t

Quote from: Jennifer RachaelAnn on June 27, 2017, 08:32:58 PM
I won't get into what I would have done in that situation, as I am an extremely violent person, but there is no way I would have just walked out. There would be blood.
Legal battles cost a lot of money. Not all people have them. Imagine yourself thinking whether to buy a lunch or save money for an unexpected emergency, and a lawyer asking 5k for a retainer without any guarantee it would be all he would charge you, or any outcome... Would you still go for it?
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Sarah leah

I spoke to a lawyer today to get advice as no matter how many phone calls and emails I sent to a gender support group in Adelaide not one person has return a single message. This is a bit upsetting honestly as I was hoping for an advocate to aid me right now given I am extremely depressed.

In terms of the lawyer she did indeed request a retainer of 1000Aud just to read over my case, then stated I am not sure if you can win as it is his word vs. yours and we both know how backward people like him can be, so be ready to fight. Oh and sorry to say but it might cost 7000-10,000Aud for the case and that is if they do not drag it out.

Please anyone from Adelaide who is linked to a gender/trans advocate or knows one with a political/ legal background can you please send me info as I am educated and quick to think but right now I can barely get out of bed.


A straight line may be the shortest distance between two points, but it is by no means the most interesting
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sophie1904

I'm in the UK rather than Australia however it isn't really just his word against yours.

In the UK at least, once a claim for constructive dismissal is made due to a protected characteristic is made, the burden of proof that it wasn't due to you being trans falls on the employer. So, considering the timeline, assuming there was no documented performance problems, the funding is in place (ie: have they opened a replacement role?) then there's plenty of evidence you have been discriminated against.

Saying that, for any future readers, as someone in a management role, please control the message coming out - your senior HR person really shouldn't have heard through the grapevine - I know it's exciting news but announcing it without giving the company a chance to plan can cause a lot of problems.
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elkie-t

Quote from: Sarah leah on June 28, 2017, 01:20:49 AM
I spoke to a lawyer today to get advice as no matter how many phone calls and emails I sent to a gender support group in Adelaide not one person has return a single message. This is a bit upsetting honestly as I was hoping for an advocate to aid me right now given I am extremely depressed.

In terms of the lawyer she did indeed request a retainer of 1000Aud just to read over my case, then stated I am not sure if you can win as it is his word vs. yours and we both know how backward people like him can be, so be ready to fight. Oh and sorry to say but it might cost 7000-10,000Aud for the case and that is if they do not drag it out.

Please anyone from Adelaide who is linked to a gender/trans advocate or knows one with a political/ legal background can you please send me info as I am educated and quick to think but right now I can barely get out of bed.
Yeah, I hate lawyers. They make money on people's desperation. I thought as a social worker and the fact that you were fired by a government employee, you might know a better route?

Is there anything like ACLU in your part of the world? Can you file a grievance to they guy's boss? Or to a governor (or whatever you have there?) At last, you can try to contact local journalists and offer your story to investigate 'local corruption and government mistreatment of you? If you are willing to fight, you need to make noise and some lawyer might offer you his help pro bono (hoping on commission from big fat settlement), or local authorities might hire you back and fire the HR guy hoping to avoid noise and big fat lawsuit.
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Paige

Quote from: Sarah leah on June 28, 2017, 01:20:49 AM
I spoke to a lawyer today to get advice as no matter how many phone calls and emails I sent to a gender support group in Adelaide not one person has return a single message. This is a bit upsetting honestly as I was hoping for an advocate to aid me right now given I am extremely depressed.

In terms of the lawyer she did indeed request a retainer of 1000Aud just to read over my case, then stated I am not sure if you can win as it is his word vs. yours and we both know how backward people like him can be, so be ready to fight. Oh and sorry to say but it might cost 7000-10,000Aud for the case and that is if they do not drag it out.

Please anyone from Adelaide who is linked to a gender/trans advocate or knows one with a political/ legal background can you please send me info as I am educated and quick to think but right now I can barely get out of bed.

Hi Sarah,

I'm Canadian and not sure how workplace discrimination laws work in Australia but there always seems to be a strong contingent of Australians on Susan's.  I'm wondering if some of them haven't noticed your thread because of your title.  Perhaps start another thread with a title like "Work discrimination in Australia, Desperately need help."   Or ask an Admin to change the thread title.

Wish I could help in some way, if you start something like a GoFundMe campaign for legal costs, I would donate.

Good luck,
Paige :)
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Sarah leah

    Hi everyone,

    I wanted to update anyone who might be wondering. So I applied for ReturnToWork (work cover) which will pay me my base wage while I am not at work for a while. However to obtain it requires I attend an appointed "ReturnToWork" Psychiatrist so they can assess my discrimination case and the depression/anxiety aspects of it.

    On the 15/7/17 I went and met this person who asked a series of questions including:


    • What is your name?
    I replied that I was still using my male name for legal reasons but was in the process of changing it in the next few months
    • When did you know you were trans? I see you are intersex on the medical report here?

    I stated when I was young but I waited until my thirties, and yes I was born intersex.

    • Did you have a penis or a vagina when you were born?

    I just stated things got tweaked as a baby and I know nothing really about it all.


This went on for 1.3 hours of questions about my gender and did I see things or hear voices. In the end I left more upset and confused. A week later a report was sent to me that read:

Did not appear female nor identified as female instead referring his male name. As well as a lack of supporting evidence to show I was discriminated against. Therefore this person has no mental health or legal issues relating to his alleged discrimination.

It turns out the Psychiatrist did not read a single GP report or Psychologist report nor spoke with my own Psychiatrist about the incident in question. So based on 1.3 hours of questions and my not wearing a sunflower dress or asking to be called Sara I am a liar. So I questioned this and started looking into it all further resulting in returntowork cutting my income off and calling me a liar as my employer stated none of it is true plus his hand picked team stated I was not discriminated against.

With all of this I am now seeing a clinical Psychologist in Adelaide Australia for help, luckily they work with ShineSA (lgbtqi health specialist's) . They are not surprised as to how I was treated and want me to keep pushing to see this corrected. Sadly it has cost 5000 aus so far and I have no income as well as two children aged 10 and 12 years old I raise fulltime alone. So I will be unable to do much more I think but cry each day and think how they treated me and are getting of Scott free.


A straight line may be the shortest distance between two points, but it is by no means the most interesting
  •  

Charlie Nicki

Sarah, I'm very sorry about that. Sadly I can't say much else to help you, but here's hoping things work out for you.
Latina :) I speak Spanish, English and a bit of Portuguese.
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stephaniec

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Sarah leah

Thank you both.

Unfortunately, despite my evidence from a GP, Psychiatrist and a Clinical Psychologist all saying the cause of my mental health is because of work based discrimination the Employers insurance company has refused to look at my claim. On top of that I got a phone call 5 mins ago saying it is not $5000aud (4000us) it is $8,400Aud ($6708us) and I need to pay it in full within a period of 90 days. I have no income at all and two kids, mortgage etc. I am so lost right now and all I hear from this case is the employer saying are a liar.

Is it any wonder so many of us die with this kind of justice and lack of support.


A straight line may be the shortest distance between two points, but it is by no means the most interesting
  •  

LizK

Quote from: Sarah leah on September 19, 2017, 02:09:09 AM
Thank you both.

Unfortunately, despite my evidence from a GP, Psychiatrist and a Clinical Psychologist all saying the cause of my mental health is because of work based discrimination the Employers insurance company has refused to look at my claim. On top of that I got a phone call 5 mins ago saying it is not $5000aud (4000us) it is $8,400Aud ($6708us) and I need to pay it in full within a period of 90 days. I have no income at all and two kids, mortgage etc. I am so lost right now and all I hear from this case is the employer saying are a liar.

Is it any wonder so many of us die with this kind of justice and lack of support.

Sarah I don't know if you and I have met...I am far better at faces than I am with names. But I am from SA and have had my fair share of run ins with Govt bureaucrats but this sounds a bit like being railroaded. There should be an appeals process available...if you feel strongly then there are places you can take it. Your local MP, Your local senator, neither or both may be able to help.

Feel free to PM me, only to happy to help if I can.




Transition Begun 25 September 2015
HRT since 17 May 2016,
Fulltime from 8 March 2017,
GCS 4 December 2018
Voice Surgery 01 February 2019
  •  

alexia

Sarah I so sorry you have to go through this.  I saddened that anyone has to go through what you have experienced.  Unfortunately I am no help as I've only ever worked at a small company or self employed on my farm.  However I would have thought Australia was better then that (glass half full sort of gal).  Also whether your transgender or not, you should still be protected by unfair dismissal.  I hope everything works out and always remember your better then the people you are opposing.

hugs,
Alexia
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babu

I wish I had some useful advice for you going forward, and so sorry to hear of your situation. I wish I was a lawyer, but I'm not, never have been and don't know any.

But I've heard a few times people requesting to be accompanied by a third party to attend meetings such as the one you had with the HR person,  even if its a work colleague friend of yours, the HR person would have been less likely to be abusive when its not just your word against his. Not much use now, I know, but something to keep in mind perhaps for the future, heaven forbid it were to happen again.

Also it's surprising that the returntowork psychiatrist report has so much weight, as discrimination can occur from the perpetrators perception alone. To assert that one is only protected from discrimination only if the category of discrimination is accurate sounds absurd. I would have thought the fact you communicated to the office of your transition (if you have proof of it) would be indicative enough that this perception had grounds to exist and therefore whether the psychiatrist thinks your transgender or not is irrelevant, at least to the potential for discrimination to have occurred. And further that the immediacy of you being advised about not picking up you contract would have been enough to have a look at the truthfulness of the reason given for not extending it, if they gave a reason. Probably also depend on whether everyone is usually always renewed, or if your the only one it happened too etc. There are so many ways for them to get out of it unless you have proof, or a compelling body of circumstantial evidence. Contractors seem to have very little protections compared to employees. I wish I was a lawyer so I could help people, but bits and pieces and opinions like this don''t really help much at all, sorry. I hope you find a new contract soon!!!
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