Transgender bias at Thruway
http://www.timesunion.com/AspStories/story.asp?storyID=886828&TextPage=1
Transgender bias at Thruway
Former Army dispatcher wins $55,000 after firing at authority
By BRENDAN J. LYONS, Senior writer
First published in print: Saturday, January 9, 2010
ALBANY -- A transgender woman who was secretly subjected to harassment, openly called "drag queen" and "freak," and later fired by the New York State Thruway Authority has been awarded more than $55,000 for her ordeal.
She is still seeking reinstatement to her job.
A judge with the state Division of Human Rights has issued an order sustaining a complaint by Mackenzie W. Valentine, 29, a former Army dispatcher and military police officer from Cohoes who was diagnosed with gender identity disorder and underwent a court-approved gender change several years ago. The transformation took place around the time that Valentine, who changed her name from "Matthew Valentine," began working for the Thruway Authority in Albany as a $15.30-an-hour dispatcher.
Valentine's co-workers, including supervisors, learned of Valentine's gender history and began secretly using state computers to view information about her on publicly accessible Web sites.
"This work atmosphere encouraged employees from the beginning of (Valentine's) tenure to engage in making disparaging remarks about her sex and GID (gender identity disorder)," states a 24-page decision by Migdalia Pares, an administrative law judge with the state Division of Human Rights.
The judge's decision was signed Dec. 22, six days after Gov. David Paterson signed an executive order prohibiting state agencies from discriminating against people on the basis of gender identity.
"For generations, New York has been a national leader on civil rights, yet the state has lagged far behind in securing basic civil rights for transgender New Yorkers," Paterson said at the time.
Valentine, who is 6-foot-7 and has large hands, filed a petition in state Supreme Court in July 2006 to change her name to reflect her status as a female. The request was granted on Oct. 24, 2006.
Valentine was diagnosed with GID shortly before she was honorably discharged from the Army in September 2004. She served in the Army from 1999 to 2004, receiving multiple commendations, and worked as a dispatcher for the last two years of service, including duties at West Point Military Academy. Valentine "exhibited such proficiency that she was designated a trainer of Army personnel assigned to radio dispatcher duties," according to the judge's order.
Kevin A. Luibrand, Valentine's attorney, said the ruling sends a message that discrimination is not tolerated.
"From the testimony, it was clear this was about bullies, government bullies who picked on someone different because they found it fun, and supervisors who joined in like they were running a frat house," Luibrand said. "Mackenzie was recognized at West Point for superior military police and emergency dispatching work."
Valentine was selected from a civil service list in October 2006 for a probationary job as a Thruway Authority dispatcher. She immediately informed the authority's personnel department of her disability, her medically supervised transition to a female and of her name change. A month later Valentine began work as a female dispatcher.
But Valentine's physical appearance included apparent male characteristics and the work atmosphere quickly turned sour.
Thruway Authority workers "openly commented that complainant had masculine features, viewed complainant's website, ridiculed her with comments made out loud which included references to the derogatory terms of 'drag queen' and 'freak,'" the judge ruled. It all took place without Valentine's knowledge.
At least one co-worker who was uncomfortable with the treatment of Valentine testified he didn't report it because supervisors were involved.
In early 2007 Thruway Authority officials took steps to fire Valentine from her job as her transgender status became common knowledge at the agency's Thruway Statewide Operations Center in Albany. The supervisors accused Valentine of a "workplace violence" incident that stemmed from a hand gesture -- a pistol-like gesture -- that Valentine made when someone nearly walked into her in a hallway. They also attributed job errors to Valentine "which they knew were made by senior radio dispatchers" and not by Valentine, the judge found.
Valentine learned about the mistreatment from co-workers after she was fired. She subsequently filed a complaint with the state Division of Human Rights.
The compensation to Valentine includes $5,177 in back wages, plus nine percent interest. She also was awarded $50,000 in compensatory damages for mental anguish. Valentine declined a request made through her attorney to be interviewed for this story.
She works at a new job but is pursuing her legal options for reinstatement to the Thruway Authority, Luibrand said.
Thirteen states and nearly 100 municipalities, including New York City, prohibit discrimination on the basis of gender identity.
"The Authority takes all allegations of discrimination seriously," said Betsy Graham, a spokeswoman for the Thruway Authority. "However, the Authority disagrees with and opposes the Administrative Law Judge's proposed Recommended Findings of Fact, Opinion and Decision, and Order and will be filing objections as provided for in the Division of Human Right's administrative process, and therefore cannot comment on the specifics of the case."
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.
Transgender bias at Thruway
Former Army dispatcher wins $55,000 after firing at authority
By BRENDAN J. LYONS, Senior writer
First published in print: Saturday, January 9, 2010
ALBANY -- A transgender woman who was secretly subjected to harassment, openly called "drag queen" and "freak," and later fired by the New York State Thruway Authority has been awarded more than $55,000 for her ordeal.
She is still seeking reinstatement to her job.
A judge with the state Division of Human Rights has issued an order sustaining a complaint by Mackenzie W. Valentine, 29, a former Army dispatcher and military police officer from Cohoes who was diagnosed with gender identity disorder and underwent a court-approved gender change several years ago. The transformation took place around the time that Valentine, who changed her name from "Matthew Valentine," began working for the Thruway Authority in Albany as a $15.30-an-hour dispatcher.
Valentine's co-workers, including supervisors, learned of Valentine's gender history and began secretly using state computers to view information about her on publicly accessible Web sites.
"This work atmosphere encouraged employees from the beginning of (Valentine's) tenure to engage in making disparaging remarks about her sex and GID (gender identity disorder)," states a 24-page decision by Migdalia Pares, an administrative law judge with the state Division of Human Rights.
The judge's decision was signed Dec. 22, six days after Gov. David Paterson signed an executive order prohibiting state agencies from discriminating against people on the basis of gender identity.
"For generations, New York has been a national leader on civil rights, yet the state has lagged far behind in securing basic civil rights for transgender New Yorkers," Paterson said at the time.
Valentine, who is 6-foot-7 and has large hands, filed a petition in state Supreme Court in July 2006 to change her name to reflect her status as a female. The request was granted on Oct. 24, 2006.
Valentine was diagnosed with GID shortly before she was honorably discharged from the Army in September 2004. She served in the Army from 1999 to 2004, receiving multiple commendations, and worked as a dispatcher for the last two years of service, including duties at West Point Military Academy. Valentine "exhibited such proficiency that she was designated a trainer of Army personnel assigned to radio dispatcher duties," according to the judge's order.
Kevin A. Luibrand, Valentine's attorney, said the ruling sends a message that discrimination is not tolerated.
"From the testimony, it was clear this was about bullies, government bullies who picked on someone different because they found it fun, and supervisors who joined in like they were running a frat house," Luibrand said. "Mackenzie was recognized at West Point for superior military police and emergency dispatching work."
Valentine was selected from a civil service list in October 2006 for a probationary job as a Thruway Authority dispatcher. She immediately informed the authority's personnel department of her disability, her medically supervised transition to a female and of her name change. A month later Valentine began work as a female dispatcher.
But Valentine's physical appearance included apparent male characteristics and the work atmosphere quickly turned sour.
Thruway Authority workers "openly commented that complainant had masculine features, viewed complainant's website, ridiculed her with comments made out loud which included references to the derogatory terms of 'drag queen' and 'freak,'" the judge ruled. It all took place without Valentine's knowledge.
At least one co-worker who was uncomfortable with the treatment of Valentine testified he didn't report it because supervisors were involved.
In early 2007 Thruway Authority officials took steps to fire Valentine from her job as her transgender status became common knowledge at the agency's Thruway Statewide Operations Center in Albany. The supervisors accused Valentine of a "workplace violence" incident that stemmed from a hand gesture -- a pistol-like gesture -- that Valentine made when someone nearly walked into her in a hallway. They also attributed job errors to Valentine "which they knew were made by senior radio dispatchers" and not by Valentine, the judge found.
Valentine learned about the mistreatment from co-workers after she was fired. She subsequently filed a complaint with the state Division of Human Rights.
The compensation to Valentine includes $5,177 in back wages, plus nine percent interest. She also was awarded $50,000 in compensatory damages for mental anguish. Valentine declined a request made through her attorney to be interviewed for this story.
She works at a new job but is pursuing her legal options for reinstatement to the Thruway Authority, Luibrand said.
Thirteen states and nearly 100 municipalities, including New York City, prohibit discrimination on the basis of gender identity.
"The Authority takes all allegations of discrimination seriously," said Betsy Graham, a spokeswoman for the Thruway Authority. "However, the Authority disagrees with and opposes the Administrative Law Judge's proposed Recommended Findings of Fact, Opinion and Decision, and Order and will be filing objections as provided for in the Division of Human Right's administrative process, and therefore cannot comment on the specifics of the case."
Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.