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Discrimination at work

Discussion in 'Gender Identity and Expression' started by Alyssa'sTooCute, Jun 18, 2014.

  1. Alyssa'sTooCute

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    So today I faced it.
    My management team is 100% supportive of me but some associates not so much.
    I'm being discriminated against because I'm me.
    Because I like to talk about what I bought at american eagle people have called human resources on me saying that I am flamboyant.
    I just dont know what to do : C
    I don't want to lose my job but at the same time its like I cant be myself.
    I cant be excited and tell people look what I picked up at the mall today or whatever or else its a phone call to HR and I get in trouble!
    Is there any legal action I can take?
    Can I legally be fired for being transgendered?
    I know in our guidelines it says I can't but I'm afraid of it going that route : c
     
  2. alwaysforever

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    It depends on where you live. Some places have laws against it, and other places do not. Just remember that people can get around that by complaining about other things as a way to do the same thing. I was forced to quit a job because of something about myself I could not change before and it is a horrible feeling. If the management is supportive, maybe talk to them in private about the situation and what you think is going on. Stick to what you know for sure, and maybe they can work on making the situation better for you.
     
  3. Alyssa'sTooCute

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    They are working with me and state law and our company guidelines here in CT do not allow discrimination of any type including transgender people. They are trying to make the situation better for me! By reassuring me that my job is not in jeopardy and everything it's just i've never fought discrimination before I dont know what to do.
     
  4. LonestarConnie

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    Well, hang in their Nikki! (*hug*)
     
  5. Alyssa'sTooCute

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  6. Kaiser

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    I didn't know flamboyancy was the new thing on the streets, that we needed to protect the kids from! By God, the world is coming to an end! Grab your Bibles, people are just being themselves!

    LOL.

    But seriously, what the hell? I'm fairly confident you can get a lawsuit going, but those can be expensive. The one problem you're going to run into is, many places of employment are at-will, which means they can fire/dismiss you, for any reason, and not tell you why. At-will usually only prevents you from being overlooked for being hired, but even that is worked around, with the classic, "I don't think they're qualified enough."

    The first thing you can do is, be strong. If you buckle under the pressure, you're only going to let such stupidity and ignorance flourish, and allow these people who spew it, to be reinforced that such behavior and attitudes are acceptable. The second thing you can do is, keep in contact with those who support you, especially the upper-management, and see if there is anything you can do. No company wants a discrimination suit against them, even if they are bigots, because it hurts their profits and public image.
     
  7. Alyssa'sTooCute

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    Yeah my place of employment is at will.
    But I am a MANAGER there!
    My management team supports me
    I am a trusted associate
    I've been with the company for THREE years!
    And now I feel like I'm getting the shaft
     
  8. Daydreamer1

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    I'm having a hard time seeing the link, but it's probably an issue on my end.

    At the end of the day, it really comes down to where you live, as many states/counties/cities don't have protection laws.

    In my state, only a handful of cities and counties have laws in place that protect trans people from discrimination. I'd recommend looking into the website transgenderlaw to see if anything regarding your city or county comes up. I've heard rumors that Congress is trying to pass national LGBTQ protection rights, but I don't know how accurate that is.

    As Kaiser said, I'm sure if something happens you could file a lawsuit against them--the ACLU could do quite a bit to help if they hear about it.
     
  9. Chip

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    I think one of the important pieces here is how many people and what level (staff or management) have called HR. If it's one person, and nobody else has an issue, then somebody is uncomfortable, and that isn't OK.

    On the other hand... there's what my friend calls the "three asshole limit"... if you think three people in a day are assholes... that's reasonable. If you have five assholes and it isn't noon yet... maybe some self-reflection is appropriate. So if you've got three or four people making complaints, there may be something for you to look at here in your behavior.

    What I'm thinking, without seeing exactly what your behavior looks like, is it's possible that your behaviors and flamboyance are touching the line of inappropriate/unprofessional. A lot depends on the type of work environment, and the behavior that others exhibit. If everyone but you is pretty low key and not very excitable, then your behavior simply is a little outlandish and perhaps uncomfortable, and that doesn't sound like a sexual orientation-related discrimination issue.

    The bar for proving sexual orientation discrimination is pretty high, and usually, unless there's voluminous evidence, it's hard to prove and actually accomplish anything. So if it were me, I'd probably meet with my higher-ups, openly, honestly, and non-defensively discuss the concerns, and find out exactly what it is that's causing the problem. It's entirely reasonable for an employer to ask its employees to maintain a certain level of professionalism and office decorum; if the problematic behaviors fall in that realm, then this might be a situation where you choose to tone things down a bit so you fit in a bit better with the norm in your work environment.
     
  10. Kasey

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    Same in MA but as a teacher I can "be let go for... budget reasons" or other shady ways to dismiss an otherwise awesome teacher who happens to be transgender if the community is outraged.
     
  11. Alyssa'sTooCute

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    The only complaint well the major one that the management has told me they received is how i talk about what I bought at say the mall or something.
    I am still very professional looking I dont come to work with makeup on or anything I go in as a male in proper dress code and people address me as my male name.
    I believe it's only one MAYBE two people doing it to stir drama.
    My management staff loves me as do my customers 100% they don't want me going anywhere at all. My manager told me even last night he's batting 1000 for me and that I am still the same kind person he met since day one.
    I don't think it's a matter of how I make the company look at all. Even my district manager has seen me work in action and was very pleased and is happy with me.

    If I do wear makeup all it is is foundation and that is very rarely and no one even notices.
    I've asked a few friends and they don't even notice unless I say something about it.

    It was one staff in my store and one manager in ANOTHER store that doesn't even work with me on a daily basis

    I just hope my safety shield of my entire management staff plus district manager is enough to keep my job.
     
    #11 Alyssa'sTooCute, Jun 19, 2014
    Last edited: Jun 19, 2014
  12. Tightrope

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    Thanks, Chip, for verbalizing what I was thinking.

    The OP is in Connecticut, which beats being in Oklahoma or Mississippi, for example. That's one thing.

    If the OP wears certain clothes or carries them a certain way, the OP has a right to. It may make some people uncomfortable. However, if the OP behaves in a manner that has an attitude of "I'm going to be me, minus typical boundaries considered typical and appropriate for that workplace, and you have no choice but to accept it," then that's a bad attitude to have. I would call that being "in your face." A high level of deliberate flamboyance may not be appropriate for the work environment. On the other hand, simply being a sexual minority who is reserved, with no type of commentary on it and/or not conforming to an organization's groupthink ... and THEN being harassed is a more serious thing, even though it may be hard to prove and fight.

    I feel for the OP. At the same time, we don't know the specific behaviors (namely, what exactly is being said about the apparel, how often, and if it disrupts work) to make a judgment. OP, can you let your hair down more when you are NOT at work? Just a thought.

    ---------- Post added 19th Jun 2014 at 06:29 PM ----------

    That's sad. It's a lie to cover up something that's really about something else. I know Massachusetts tends toward liberal, but I'm sure some pockets are less so.
     
  13. Alyssa'sTooCute

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    My behaviors are the same!
    I'm not frolicking through the store stating what I am or anything.
    The most I've really done is share where I bought my work pants from which was from American Eagle I wear body mist and I wear zero makeup occassionally Ill wear foundation to practice but no one notices unless I say something.
    My entire management staff including my district manager say the way i present myself is acceptable.
    I think its just one MAYBE two individuals in my store who have called who are just simply uncomfortable with it. Do i get in their face and scream HEY IM TRANS absolutely not. But If people have questions for me i answer. As far as I'm concerned right now I don't have much to worry about I've spoken to a lot of people and they said it sounds more of a personal issue with associates than a company issue.
    My hair is extremely short I need it to grow!!! I couldn't put it up even if I tried haha.

    Perhaps I think the simplest solution would be to keep to myself more.
    Then the dust will settle.
     
    #13 Alyssa'sTooCute, Jun 20, 2014
    Last edited: Jun 20, 2014
  14. ProtegeMoi

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    Be you so that your job performance isnt hindered. Dont have those that you feel are the cause (or their friends/someone in their line of sight) around when talking about things that may make them uncomfortable. Its about respecting their boundaries too.

    Just be professional, kind and understand that anyone can get offended over anything and its just part of not getting to choose your coworkers. Don't feed the haters. Kill them with kindness. It has always worked for me and I've seen 5 people that have issues with me get fired in various jobs because I took the high road and they pissed off the wrong people. Good people find the bad seeds eventually and I've seen lots of store managers and assistant managers get fired in the last two years because they finally got caught.
     
  15. Alyssa'sTooCute

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    Thanks for the advice!!!
    I'm sticking close to my management staff who supports me 100% and treading lightly around everyone else. I think this will all iron out soon enough I love all of you guys.
    Without EC I'd be a freakin wreck (&&&)