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In Which I Face Workplace Discrimination.....

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  • In Which I Face Workplace Discrimination.....

    So I've been openly transgender at work now for a full month. So far everyone has been very supportive and I've literally faced no negative reactions or hostility. Until yesterday.

    Due to having a bit of a nice event to attend after work last night, I decided to paint my nails before work. There is nothing whatsoever against me doing this in any policy. I even discussed it with a very good friend and coworker, who is also a superior officer. I was nervous about doing something so "visible," as I'm still slowly adjusting to being out and making gradual changes. She told me it would be fine, everyone knows anyway, and that there was nothing in policy that said I couldn't.

    I go in and as I'm processing through the scanners up front, the Sgt checking everyone's stuff commented on how nicely done my nails were. She pointed them out to the other officer assisting her, and he did not appear to be impressed.

    I go back to Compound Entry, and my Lt motions me to come through the sallyport into the Gym (I work outside the fence, so I normally just get his attention through the windows and then go outside, instead of walking through). I went into the Gym and he told me the Captain wanted to talk to me. I approach the Captain, and he is visibly PISSED. He demanded I show him my hands, which I did. He said, "come here!" We stepped aside and I said, remaining totally calm, "Is there a problem sir?" He said, "Oh yes, there's a BIG problem." I said I didn't understand. He pointed at the group of officers still coming through the sallyport and said "I refuse to allow ANY male officer into this facility with painted nails." Then he tells me to come to the Captain's Office and that he's waiting on a call from the Major. At this point, no problem. I'm not assuming anything about how he perceives me other than he takes me at face value. He did not bring my gender identity into this, he is, as far as I can tell, being fair and impartial. No reason to be so pissed off and hostile, but whatever.

    Before he can let me have it in the office, the Major calls. He yells about the situation over the phone, then hands it to me. At this point, I realize there is NO WAY I'm leaving this office without crying. And the Major was very professional about it, and even made me feel better. He said, very conversationally, "Are you wearing nail polish?" I said, "Yes sir." Him: "What color?" I smiled, which I think made my Captains rage level elevate. "Mint Green, sir?" Him: "Okay, about how long would it take you to remove that?" I said it takes me 10 minutes to get home. Him: "Okay. Well, would you be willing to do that for me?" I said, "Yes sir." He did not order me or demand I do anything, he presented the best solution and asked me if I would be okay with that. I think that's admirable.

    On my way out of the Captain's Office, the Captain pops out of the door and calls, "And make sure your hair stays within regulation length!" I said, "It is, sir." He said, "KEEP IT THAT WAY!"

    And that's where he blew it. I had not given him ANY reason whatsoever for why my nails were painted. Up until that point, it had nothing to do with my expression of my gender identity. And he crossed that line. By feeling the need to add that extra bit about my hair, he acknowledged that he is aware of how I am presenting myself. Now, instead of just being mad at me for doing something he didn't approve of as a general rule, the situation changed. Now I've just been both verbally reprimanded for expressing my gender identity (since there was no policy violation) AND threatened about continuing to do so. The state's Equal Employment Opportunity mandate includes "gender identity" in its wording for state employees. So I'll be dropping by my HR manager's office in the morning. I don't think I should file a formal complaint at this point, but it needs to be addressed and stopped sooner rather than later.

    Until yesterday, it never occurred to me that I am the FIRST openly trans officer in the 20 year history of our facility. So obviously, the discrimination will start with me, since no one knows what is and is not acceptable. But I will not be the last, so I have to make sure it ends with me as well, since any that follow my path will run into "well, what happened with officer Kara?" So if something doesn't feel right, I have no choice but to address it. Not because I want anything out of it personally, but because there are no precedents at this time and they must be set.

    My HR manager told me they'll work with me and make my transition as smooth as possible. I've had a couple of coworkers say, "Yeah, but think about where we work." True, but that is completely beside the point. This has nothing whatsoever to do with where I work. As long as I conduct myself appropriately and professionally, without violating and policies, there should not be any issue. I am still every bit as capable of doing my job every bit as well as I've always done and I think that should be apparent to everyone. Just because I look different doesn't mean I'm going to conduct my duties any differently.

    I was expecting things like "fag," "queer," and "freak," to be thrown around, people whispering behind my back, laughing at me when I'm not there. And I was prepared to deal with that. But I didn't expect to have a potential threat to my employment by my shift supervisor, and certainly not like this. He had no reason to be angry, we've always had a great rapport and we could have talked about this like adults. But he just had to make a scene. And I have to do what's right to protect my job, and my rights. I have to send the message that this kind of mistreatment is NOT acceptable.
    Last edited by Kara_CS; 06-20-2011, 03:52 AM.

  • #2
    Definitely hit up whoever deals with EEO and legally fuck his ass up.
    Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

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    • #3
      Originally posted by Kara_CS View Post
      And that's where he blew it.
      I respectufully disagree Miss Kara....this is where he blew it


      Originally posted by Kara_CS View Post
      "I refuse to allow ANY male officer into this facility with painted nails."
      Originally posted by Kara_CS View Post
      He did not bring my gender identity into this, he is, as far as I can tell, being fair and impartial.
      Yes he did, you are NOT a male, you are a female....and I wish I had mint green nail polish....
      Registered rider scenic shore 150 charity ride

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      • #4
        Oh, nonononono... The Captain completely and utterly screwed the pooch on this.

        The Major knows the Captain was out of line, based on how he handled it. Hopefully he will have words with the Captain about what is and isn't acceptable behavior out of him and you won't have any need to file a formal complaint.

        ^-.-^
        Faith is about what you do. It's about aspiring to be better and nobler and kinder than you are. It's about making sacrifices for the good of others. - Dresden

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        • #5
          Wow....Captain's career dissipation light just kicked into HIGH gear.

          Also, if I may ask, what kind of work do you do? Sounds like a police station from some of the terms you use.

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          • #6
            If he ever gives you an order about anything gender related ask for it in writing. Also talk to the major he sounds reasonable. I know nothing about the military so I'm not offering any advice on how to deal with the Cap but there are a lot of people on this board who are in the military and can help you more.

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            • #7
              Originally posted by daleduke17 View Post
              Also, if I may ask, what kind of work do you do?
              Not to answer for her, but prison corrections officer.

              And boy does she have some great stories on CS.

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              • #8
                Yah-huh, corrections officer at a state prison. We use military ranks, but not military protocols, like salutes and so on.

                Originally posted by Andara Bledin View Post
                ......you won't have any need to file a formal complaint.
                I called the HR Manager's office phone today and left a message that I'll be in to speak with her in the morning over a "bit of an issue" I had over the weekend. I'm not going in tomorrow with the intention of filing a formal complaint. But I want to address this if for nothing else, than under the CYA clause (Cover Your Ass).

                The major is a total hick, so I was honestly surprised by his reaction. I think he thought it was funny, and obviously didn't think it was as big of a deal.

                Yeah, I realize singling me out the way he did to start with is not right, but I'm willing to let that one slide in favor of the direct statement he made later. However, he did chew my ass in front of my entire shift, which is NEVER appropriate. You wait til you have that officer pulled aside somewhere. It's never ever supposed to be handled like that. And I WILL bring that up.

                There was another one I forgot to mention. When we got to the Captain's Office, before the Major called, he demanded I show my hands to the previous shift Captain (who is on my shift 2 days a week since he's the relief Captain). He said, "Would you allow THIS officer to work like this?" He looked at my hands, looked at me, and went back to what he was reading without saying a word. Because there was no way in hell he was going to get dragged into it. But I'll bring that up too. What, exactly, did he mean by "THIS" officer?

                I thought of something else today. There is an EEO Committee, a group of officers and personnel that you can go to if you have an EEO complaint and any one of them can assist you and file the complaint on your behalf, then mediate with the other person and work with other Committee members to come to a resolution. The HR Manager is on the Committee, as is a Deputy Warden, 2 Captains, at least 1 Lt, and a few other officers of various rank. One of the Captains who is on the EEO Committee is retiring on July 1. That means there's going to be a vacancy. I've been there 3 and a half years, people come to me for advice on this or that issue all the time, some of it potential EEO violations. So after we discuss the problem, I'm going to ask if, hypothetically, a staff member happened to be interested in the soon-to-be-vacant spot on the Committee, what would she have to do to find out about that?

                This will be interesting. At this point, I don't want anything to happen other than the Captain to get a whack on the nose with a rolled up newspaper. I mean, this has never happened before, so MAYBE we can agree that a foul was committed and move on and have no more issues. This is an understandably complicated process. When I came out to my HR Manager (2 months before coming out totally), I told her I didn't know how this works. She said she didn't either, but would find out and work with me. So there are going to be some rough spots here and there until a precedent is made to follow. The only reason I'm not going to walk right in and address it as a direct EEO violation is because I did not get a written reprimand for it (or at least, haven't yet). I think the Major diffused the situation quite well, and I'm sure he will have words with the Captain when he comes back to work Tuesday, if he didn't tear him a new one over the phone after I left.
                Last edited by Kara_CS; 06-20-2011, 03:45 AM.

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                • #9
                  Also....

                  It was really for a one-time deal. If he had just politely asked me if I would mind not wearing nail polish to work, even though it's not in policy, I would have been happy to oblige. But he decided to explode. So now, if there is a formal decision made that I am allowed to wear nail polish to work... well, I do okay but I'm not great at painting my nails, but let's just say I'll be getting LOTS more practice

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                  • #10
                    Just throwing this out there, but if you don't formally do anything about it and it happens again, not much will be done about it the second time since you never officially reported it the first time. It's best to nip it in the bud early on before it can get worse.
                    Violence has resolved more conflicts than anything else. The contrary opinion that violence doesn't solve anything is merely wishful thinking at its worst. - Starship Troopers

                    Comment


                    • #11
                      stretches fingers to get ready for typing

                      Ok I've been waiting for this story. I saw the mention on FB and I was curious what had happened. Ok first off they are being hypocrites for saying they will make your transition as smooth as possible and then say you can't wear nail polish. I assume natural born women as opposed to someone in your situation are allowed to wear it without comment? If so that is not a smooth transition. That is discrimination. At what point are you considered female enough for them to just let you be? At what point are you allowed to do what you want with your hair?

                      I can't believe in this day and age someone like you Kara has to go through this workplace bullshit. And yeah lucky you.....you get to be the "first" so you get all the fallout. So while that's a tough position to be in you can be proud of the fact that you get to be a trailblazer and hopefully make it easier on the next person.

                      I have so much respect for those that transition like this...because they have to put up with the public saying or doing god only knows what to them, plus their workplace being a harsh environment, plus all the medical and legal bs you gotta do to go from one gender to another. And it's not a quick process.

                      On a side note Kara this would be difficult for you to watch I'm sure as it was for me...but have you seen the film Soldier's Girl? True story involving Calpernia Addams....it's a sad but true story of what fallout significant others of transgendered people can deal with.
                      https://www.youtube.com/user/HedgeTV
                      Great YouTube channel check it out!

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                      • #12
                        Originally posted by telecom_goddess View Post
                        Ok first off they are being hypocrites for saying they will make your transition as smooth as possible and then say you can't wear nail polish.
                        HR said it would be smooth, and the Captain had nothing to do with that. I'm sure they made all Lt's Captains, and up aware of my situation, but, again,at this point there are no rules. However, if they DID already address the issue of my gender identity, then the Captain should have already known that his actions were uncalled for.

                        Originally posted by telecom_goddess View Post
                        At what point are you considered female enough for them to just let you be? At what point are you allowed to do what you want with your hair?
                        The way the Kansas EEO policy is written, "gender," and "gender identity" are listed separately. Because they made the distinction, then when I consider myself female, that's good enough for the state. And again, HR is well aware of this, so whether the Captain is either unaware of it or is blatantly ignoring it, it makes no difference in the fact that he has no say in it.

                        Just got back from my meeting with HR. Of course, she was already "aware" of the issue, but she asked for me to tell her what happened and she was very, very concerned about not only how it was handled but the Captain's unnecessary anger over the entire issue. She is going to meet with the Warden, and then the two of them will deal with the Captain. She wants to know if there is any more conflict, and also said that for now I should hold off on wearing nail polish while they see what they can work out with the Central office in Topeka, unless I feel I have to. I told her I'm fine with that, it was not meant to be a regular occurrence. She did mention how, of course, in this environment, inmates notice things and they talk, and I said that because I work outside the fence, that was part of why I decided to go ahead and paint my nails, because if I worked in a cellhouse and might have to fight someone I wouldn't do it (even though "natural" females can if they wish) because then they'd just get messed up anyway. She liked that comment

                        She mentioned the fact that I'm the first before I did, so all I had to do was say I'd only realized just recently of that truth and that's why I wanted to make sure this is addressed, because right now no one knows for sure how to deal with it. She told me that there was nothing "wrong" with anything I've done and that ultimately, the steps you take in your transition are at your discretion. She asked if I was going to change my legal gender and name, and I said yes, eventually. She made note of that, I think documenting my intent to go from declaring myself "transgender" to "legally female" probably will have some kind of impact with Central.

                        So now just need to sit back and see how this all plays out.

                        Haven't seen the movie, but sound like something worth checking out.
                        Last edited by Kara_CS; 06-20-2011, 03:42 PM.

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                        • #13
                          Your Captain was out of line. I hope he learns that. I'm really glad HR is watching out for you.

                          Originally posted by Greenday View Post
                          Just throwing this out there, but if you don't formally do anything about it and it happens again, not much will be done about it the second time since you never officially reported it the first time. It's best to nip it in the bud early on before it can get worse.
                          I agree with this. You were talking about precedence. If you make sure that your boss(es) know that this sort of thing isn't okay, then you'll have this situation to point to later should they ever try to pull this crap again.
                          Last edited by RootedPhoenix; 06-20-2011, 04:22 PM. Reason: added quote and response, making sense

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                          • #14
                            Omigawd, Kara, I wondered why they had a woman guarding male prisoners. That always seemed strange.

                            Do NOT let this Captain get away with this. It will only set a precedent. Now is not the time to be nice.
                            I have a drawing of an orange, which proves I am a semi-tangible collection of pixels forming a somewhat coherent image manifested from the intoxicated mind of a madman. Naturally.

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                            • #15
                              Originally posted by Lachrymose View Post
                              Not to answer for her, but prison corrections officer.

                              And boy does she have some great stories on CS.
                              Very true, most of them are comedy GOLD!

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