A woman filed a complaint with the National Health Service (“NHS”) following an incident at a clinic operated by The Central and North West London NHS Foundation Trust. Although the woman, who has chosen to remain anonymous, requested a female nurse when she scheduled her cervical screening, a male nurse was assigned to perform the procedure. When she alerted the male nurse to the mistake, explaining that she had specifically requested a female nurse, the nurse replied, “My gender is not male. I’m a transsexual.” She then declined to go through with the cervical screening, an intimate procedure, and later filed a complaint with the NHS.
She notes that it’s “weird where somebody says to you: ‘My gender is not male’ and you think: ‘Well, what does that even mean? You are clearly a man.’” She additionally has stated, “People who are not comfortable about this are presented as bigots and this is…kind of how I was made to feel about it.”
Central and North West London NHS Foundation Trust issued an apology following the complaint. “We apologised to this patient for the recording error and because the staff member accepted they didn’t manage the situation appropriately; the patient needed to feel listened to. Trust policy is to consider seriously all requests for clinicians of a particular gender.”
The female NHS nurse I asked for came with stubble
U.K. PATIENT “DISTRESSED”’ BY TRANSSEXUAL NURSE WITH STUBBLE
On December 27, Charlene Bost, a man who identifies as a transgender woman, filed a federal lawsuit in the U.S. District Court for the Middle District of North Carolina against Sam’s East, Inc. and Wal-Mart Associates, Inc. The complaint alleges the corporation “illegally terminated Ms. Bost in retaliation for her legally protected complaints, and/or because of sex and disability” in violation of the Titles I and VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
Bost, who is represented by the Transgender Legal Defense and Education Fund, previously filed a complaint with the U.S. Equal Employment Opportunity Commission (“EEOC”). The EEOC issued several letters of determination in August 2017 upon finding evidence of discrimination and hostile work environment. Bost’s lawsuit seeks a declaratory judgement, an unspecified amount in damages, and an order compelling the defendant corporation to “institute and carry out policies, practices, programs, and training which provide equal employment opportunities for employees with disabilities” or “who are transgender and/or gender non-conforming.”
Transgender woman sues Wal-Mart over alleged bias in North Carolina — Reuters
Lawsuit: Sam’s Club Discriminated Against Transgender Worker — US News
Bost v. Sam’s East, Inc. — complaint, filed December 27, 2017
Andrew Balcer is an 18-year-old male who murdered his parents and the family dog in October 2016 because he “did not believe his parents would support him in his gender identity struggles.”
On December 22, 2017, a grand jury indicted Balcer, charging him with two counts of intentional or knowing murder and one of aggravated cruelty to animals. If convicted, Balcer faces a prison sentence of 25 years to life for the murder charges, and up to five years on the aggravated cruelty to animals charge. Balcer’s attorney has indicated he intends to plead “not guilty.”
In his ruling granting the state’s petition to have Balcer tried as an adult, Judge Eric Walker wrote, “The only possible motive for the murders appears to be Andrew’s perception that his parents were unwilling or unable to deal with his transgender issues. We will never know if Antonio or Alice Balcer would have been accepting, because they were ambushed and murdered by Andrew.”
Winthrop teen indicted on charges of murdering parents, killing family dog
On December 20, the ACLU of Washington filed a lawsuit in the Superior Court of Washington for King County against Swedish Health Services (“SHS”) on behalf of Ari Robbins, who identifies as a transgender man. The complaint alleges SHS abruptly canceled Robbins’s chest reconstruction surgery without plausible explanation in violation of the Washington Law Against Discrimination and the Washington Consumer Protection Act.
According to the complaint, Robbins was “forced to continue binding for many more months, causing him physical pain that affected his schoolwork and personal life” after SHS canceled Robbins’s procedure. The complaint defines binding as “a form of medical treatment that maintains psychological well-being by allowing them to interact with the world consistent with their male identity and to see themselves and be seen by others as male.” The complaint also states that binding is painful, causing Robbins to experience “shortness of breath, chest pain, soreness, rashes, severe neck and back pain, headaches, and bruised ribs.” The complaint fails to state how SHS “forced” Robbins to continue this practice, yet alleges the “severe headaches and neck pain from wearing the binder … intensified” after the surgery was canceled. Additionally, the complaint alleges SHS caused Robbins to have to “drive to Idaho in the midst of law school final examinations” to reschedule the “much-needed” procedure.
The ACLU of Washington recently filed a similar lawsuit in federal court, alleging the parents of a 17-year-old child were “forced” to take out a second mortgage on their house and use their child’s college savings to pay for her “medically necessary” chest reconstruction surgery.
Robbins v. Swedish Health Services, Inc. — complaint, filed December 20, 2017
New lawsuit: local hospital denied surgery to trans patient
The U.S. Equal Employment Opportunity Commission (EEOC) recently settled a federal lawsuit filed on behalf of Jonathan (De’Ashia) Wolfe, a man who identifies as a transgender woman, against Bojangles Restaurants, a corporation operating a chain of fast-food restaurants.
The lawsuit alleged Bojangles violated Title VII of the Civil Rights Act of 1964 when “subjected a transgender employee to a hostile work environment because of gender identity” and subsequently “fired the employee in retaliation for reporting the sexual harassment.” Wolfe claims to have been “repeatedly subjected to offensive comments about her gender identity and appearance” and that managers demanded Wolfe “behave and groom in ways that are stereotypically male since Wolfe was born male.”
According to the settlement agreement, Bojangles agreed to pay Wolfe $15,000 and provide annual live-presenter training on Title VII’s prohibition against discrimination “to all specified area directors, unit directors, assistant unit directors, and shift managers” and “to report to the EEOC any complaints of harassment based on gender identity or gender expression at specified restaurants.”
Bojangles’ To Pay $15,000 To Settle EEOC Sexual Harassment and Retaliation Lawsuit
Transgender Bojangles’ worker claimed bosses harassed her. Now the company must pay.
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On December 14, policy analysts at the Center for Disease Control (“CDC”) were instructed not to use the word “transgender” in any official documents related to next year’s budget. The Department of Health and Human Services (“HHS”), which oversees the CDC, additionally banned the words “vulnerable,” “entitlement,” “diversity,” “fetus,” “evidence-based” and “science-based” from any documents or supporting materials that are to be used in preparing the CDC’s budget.
According to the Washington Post, “CDC officials confirmed the existence of a list of forbidden words. It’s likely that other parts of HHS are operating under the same guidelines regarding the use of these words.”