Lawsuit: Sam's Club discriminated against transgender worker

[RavenSky]

The federal lawsuit by Charlene Bost seeks unspecified monetary damages and asks the court to order the big box retailer to train employees to prevent future harassment of transgender workers. It says Bost was wrongfully fired in 2015 from the Kannapolis store in retaliation for her complaints.

Bost hadn't yet transitioned to life as a woman when she began working in 2004 at a Sam's Club location about 25 miles (40 kilometers) northeast of Charlotte. Bost said she received praise and was promoted to supervisor before she began to express her feminine identity at work in 2008.

The lawsuit said the harassment by co-workers and multiple managers began around that time and escalated as Bost began wearing her hair longer and adding makeup to her appearance. In 2014, one co-worker told a customer as Bost walked by: "Here comes that thing with an attitude," the lawsuit says.

Bost, who's now 46, said she was repeatedly harassed by a man who became her direct supervisor when he was promoted to assistant manager in 2014. The lawsuit said he called her "it" in front of other employees, made off-color jokes and initiated unwanted physical contact.

According to the suit, the assistant manager also was involved in fabricating written infractions against Bost that led to her firing.

The lawsuit said Bost filed complaints and took her case to the federal Equal Employment Opportunity Commission in 2014. The commission issued a finding in late 2017 that there was evidence Bost faced a hostile work environment.

Sam's Club denied the allegations, according to EEOC documents. After a failed conciliation process, the federal commission recognized Bost's right to sue Sam's Club.

http://www.sfgate.com/news/us/article/Lawsuit-Sam-s-Club-discriminated-against-12457592.php

 

[Trausti]

And?

 

[Loren Pechtel]

In 2014, one co-worker told a customer as Bost walked by: "Here comes that thing with an attitude," the lawsuit says.

That could be a problem for her--could this really be a case of a reaction to her attitude rather than her transitioning? I certainly could see her provoking antagonism by jumping on people for the use of the wrong pronoun. If it was her attitude of course the backlash would attack her gender--the thing her attitude was about.

 

[RavenSky]

In 2014, one co-worker told a customer as Bost walked by: "Here comes that thing with an attitude," the lawsuit says.

That could be a problem for her--could this really be a case of a reaction to her attitude rather than her transitioning? I certainly could see her provoking antagonism by jumping on people for the use of the wrong pronoun. If it was her attitude of course the backlash would attack her gender--the thing her attitude was about.

Co-workers AND HER DIRECT SUPERVISOR calling her "it" could be the reason for any perceived "attitude".

According to the article, there were no poor reviews, and she had received promotions prior to transitioning.

Are you suggesting that she just suddenly and out of the blue developed "attitude" during her transition?

 

[zorq]

In 2014, one co-worker told a customer as Bost walked by: "Here comes that thing with an attitude," the lawsuit says.

That could be a problem for her--could this really be a case of a reaction to her attitude rather than her transitioning? I certainly could see her provoking antagonism by jumping on people for the use of the wrong pronoun. If it was her attitude of course the backlash would attack her gender--the thing her attitude was about.

This sort of thing that you are describing does happen. A kid in a neighboring high school when I was growing up was openly gay, but went out of his way to rub people the wrong way. My mother was his teacher for a year and almost every day she would come home and say "Do you know what 'little shit' did today?" He was a brilliant kid but a true asshole.

He would taunt the cowboy clique until they would beat him up. This happened repeatedly and he was a continuous menace to all the teachers at the school too. One day, (after my mom had moved on to a different highschool) the cowboys had had enough of his attitude and started beating him up and this time a teacher and school security guard witnessed it and didn't try to break up the fight and protect him. He sued the school district for discrimination and walked away with a mid 6 figure settlement.

But you know, I almost guarantee you that the teacher and security guard refrained from helping the kid not because he was gay but because he was a shitty person. I shouldn't have to add that withholding help from the kid was still the wrong call, but sometimes our emotions trump reason.

 

[Arctish]

Are you suggesting that she just suddenly and out of the blue developed "attitude" during her transition?

Well, when you consider that a man's take-charge attitude is a woman's emasculating bitchiness, then yeah, she probably did.

 

[Loren Pechtel]

In 2014, one co-worker told a customer as Bost walked by: "Here comes that thing with an attitude," the lawsuit says.

That could be a problem for her--could this really be a case of a reaction to her attitude rather than her transitioning? I certainly could see her provoking antagonism by jumping on people for the use of the wrong pronoun. If it was her attitude of course the backlash would attack her gender--the thing her attitude was about.

Co-workers AND HER DIRECT SUPERVISOR calling her "it" could be the reason for any perceived "attitude".

According to the article, there were no poor reviews, and she had received promotions prior to transitioning.

Are you suggesting that she just suddenly and out of the blue developed "attitude" during her transition?

The problem is we don't know which came first. I can easily see this being a reaction to her behavior. People who take up a big life shift such as this tend to be rather outspoken about it, often to the annoyance of those around them. (A joke comes to mind: "How do you identify a vegan?" "They'll tell you!") Or the eternal issue of new parents/new grandparents inflicting baby images on everyone around.

 

[RavenSky]

Are you suggesting that she just suddenly and out of the blue developed "attitude" during her transition?

Well, when you consider that a man's take-charge attitude is a woman's emasculating bitchiness, then yeah, she probably did.

very good point

- - - Updated - - -

Co-workers AND HER DIRECT SUPERVISOR calling her "it" could be the reason for any perceived "attitude".

According to the article, there were no poor reviews, and she had received promotions prior to transitioning.

Are you suggesting that she just suddenly and out of the blue developed "attitude" during her transition?

The problem is we don't know which came first. I can easily see this being a reaction to her behavior. People who take up a big life shift such as this tend to be rather outspoken about it, often to the annoyance of those around them. (A joke comes to mind: "How do you identify a vegan?" "They'll tell you!") Or the eternal issue of new parents/new grandparents inflicting baby images on everyone around.

uh huh

 

[LordKiran]

In 2014, one co-worker told a customer as Bost walked by: "Here comes that thing with an attitude," the lawsuit says.

That could be a problem for her--could this really be a case of a reaction to her attitude rather than her transitioning? I certainly could see her provoking antagonism by jumping on people for the use of the wrong pronoun. If it was her attitude of course the backlash would attack her gender--the thing her attitude was about.

Co-workers AND HER DIRECT SUPERVISOR calling her "it" could be the reason for any perceived "attitude".

According to the article, there were no poor reviews, and she had received promotions prior to transitioning.

Are you suggesting that she just suddenly and out of the blue developed "attitude" during her transition?

Not impossible. Though I think that's most likely an egregious oversimplification motivated by a desire to see Sam's Club admonished for any wrongdoing. I know that during my own transition my emotions tended to be very pronounced and I was more prone to bouncing between two poles. At the time it was a welcome change from the cold numbness that otherwise dominated my life up until then. It could have just as easily been the first time I really had to confront my emotions though. It makes me wonder what other psychological applications hormone therapy might have.