Something to think about

[SAMANTHA_IN_MT]

This last week I have been talking to another tg person who is having a very difficult time. Now presenting as a female full time she started to dress very professional at work ie: slacks, unisex shirt and fem shoes. I might add that she is VERY passable. This sounds like a great thing for her and everybody is excited for her in our group and most of her coworkers are very nice about it. The problem stems from her boss. She works for a major food store chain which has policys reguarding this exact senerio, but her boss choses to ignore them and still suspend her from work (she has not worked in 2 weeks). And it sounds like her boss is just biding his time and trying to find a "legal" reason to fire her so his closed mind doesnt half to deal with it. I just wonder how the rest of us would handle this sort of problem.

1. Would you have the courage to come out in such a known setting?

2. Would the threat of loosing your job prevent you from seeking your ultimate happiness?

3. I wonder how your SO would take the pressure and stress.

[jamie55]

Hi Samantha: I am self employed so I don't have to worry about this kind of thing. I might lose some work but that would be legal. It sounds as if your friend has a legitimate legal issue and she needs to stand up for herself and get in touch with the proper authorities. As long as she does her job properly she can't be terminated for filing a grievance over improprieties by her supervisor.

[Nicki B]

Her boss has a boss... As Jamie says, file a grievance?

Presumably, there's no union, or he wouldn't even try it..

[DemonicDaughter]

If family, friends and co-workers are aware of the situation, then taking this further shouldn't be a concern. It is NOT acceptable nor legal to discriminate as you described in the work place. As long as the individual is adhering to any work-attire policies, their employer/manager is not allowed to even discuss their attire. This is why the world screamed for Political Correctness and why so many fight for equal rights and liberties in all aspects of society.

[jessielee]

dear Samantha,
agree most wholeheartedly that you have precedence for legal success.
however, being a mountain girl from the state just south of you, i recognize there is legal right and then there is practical right. out west, even with the law on your side, if you don't have a lot of money or backers to support your claim, you may be in the right (you are) and yet for all practical purposes be wrong, people are that bullheaded out here. or, you could spend years and boo koo resources on it and win in court but still not have a job there. of course, such a battle would probably go to national news and you may find someone else who who would just love to employ you. but it would mean relocating, most likely. you could win the battle but lose the war. not to be a downer. if you win big, you might not need his pissant job. but it would take a concerted battle, i fear.
cowering before the powers that be, if i were assertive enough to take on all that, i might be considered a real man, which i'm not.
why i'm here.
jessie

[breanna53]

Her boss has a boss... As Jamie says, file a grievance?

Presumably, there's no union, or he wouldn't even try it..

Looking at this from another angle, as Nicki says her boss has a boss. As being in management myself there have been times where my boss or bosses have directed me to take action against an employee, sometimes is justified and other are times where i don't think its fair. There's alot of things going on here and we don't have all the information to know if shes got a chance, what about the local labor board?

[MJ]

keep every record of events , and go to the human rights commission we should not put up with this ..not in 2008

[vikki2020]

It's 100% not right,and I would think she has a great case to pursue legally.On the other hand, it's a different world from Montana to Chicago,so I couldn't know the mind set of the people out there.Successful lawsuit, but then what?

[CaptLex]

I just wonder how the rest of us would handle this sort of problem.

1. Would you have the courage to come out in such a known setting?

2. Would the threat of loosing your job prevent you from seeking your ultimate happiness?

3. I wonder how your SO would take the pressure and stress.
Doesn't sound to me like you're asking for legal advice or for ways that your friend (or acquaintance?) can handle this situation, so I won't offer any - besides other people already covered that.

To answer your questions: when the time came for me to come out at work I tried to figure out what their reaction might be by asking some preliminary questions and learning a bit about what the law is regarding transgender people in my city. But even if the odds had been against me, I still would have come out and would have dealt with the problems as best I could. I just wanted to know how much of a fight I would have on my hands - not if I should come out or not. I didn't have a choice about that at all.

As for question #3, there's no SO to worry about.

[angelfire]

I have been in a situation where I was 'unofficially suspended', but for different reasons. (Basically, they just didn't give me any shifts, but didn't fire me, and I was part time so they were able to do it). Their goal was that it takes too much paperwork to fire someone, so make them quit by not giving them any shifts. I just quit because I had seen them do it to another friend of mine, and what they would do is randomly give a shift at some point when they knew you hadn't checked the schedule (who keeps checking after 8 weeks without a shift?) and then call, and ask why you didn't show up for your shift. I didn't give them this opportunity, but I have seen it happen to a few of my friends there.

That way, if they don't quit even after all that time, they have just cause to fire them, because they weren't showing up for their shifts. It was probably different in my case, because I was part-time, my contract specified they had to give me 0-21 hours/week, so they could legitimately give me 0 hours and there wasn't much I could do about it.

Either way, it isn't right, and it is just a shitty way to deal with the situation on their part.

I wish your friend the best of luck.

[SAMANTHA_IN_MT]

Thank you Captlex, the purpose of this thread was not to ask for advice but to see how other people may handle this situation if givin the oppertinuity.

[deja true]

Well...

"...so make them quit by not giving them any shifts."

If there is no substantial reason to fire and management tries to make one quit, it's called Constructive Dismissal and is against the law, in the UK, in Canada and in the US(maybe under a different name)

I don't think MT has passed specific legisalation adding "gender presentation" to it's anti-discrimination laws yet,but at least six other states have (including South Carolina! Can you believe it?). There's a ground swell happening out there.

If your friend wants to fight it, I think she can. But a said above 'Win battle... maybe lose war...'.

Up to her. I'd see a labor lawyer.

deja