Should be "YOUR business"
Story
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Bagel shop wouldn't let him wear pink dress, so he sues
By MATT SEBASTIAN
Scripps Howard News Service
May 11, 2000
BOULDER, Colo. - Boulder's new transgender ordinance could face its first test soon, as a bagel shop employee alleges he was discriminated against for wearing a pink skirt to work.
"This type of behavior isn't right, and I want people to know about it," said Benjamin Moore, a pre-operative transsexual working at City Street Bagels.
Boulder's ordinance, the only such law in Colorado, bars bias in housing, employment and public accommodations on the basis of gender variance.
Moore, who is undergoing estrogen treatment, filed a complaint last month with the city's Office of Human Rights, which is charged with enforcing the ordinance.
Susan Gross, owner of City Street Bagels, confirmed she has been contacted by city officials but declined to discuss her employee's allegations. "I don't even know if he has a case," Gross said Wednesday. "It doesn't really have anything to do with the ordinance."
Moore, who has worked at the bagel shop for three months, said he never hid his transgendered status from Gross.
"When I got my job at City Street Bagels, I told my employer on the first day that I was a pre-op transsexual," Moore said. "I also had my lipstick on."
Moore said he typically doesn't wear skirts or dresses to work, but he usually dons lipstick. "I didn't think it would be an issue because (Gross) knew I was transitioning," he said.
On April 17, Moore said, the staff of City Street Bagels celebrated "Hawaiian Day." Some male employees wore paper skirts to get in the spirit, Moore said.
"I wore my pink skirt to work that day," he said. "My direct supervisor told me to take it off because the owner didn't want me wearing it. They said I should do it on my own time."
Carmen Atilano, Boulder's human rights director, wouldn't discuss the specifics of Moore's case, citing confidentiality rules.
"I do think this is going to be the first case," said Moore, who has consulted an attorney.
The Boulder City Council adopted the law in February, amending the city's Human Rights Ordinance, which already barred bias on the basis of race, sex, religion and sexual orientation.
The new amendment prohibits discrimination based on gender variance, defined as "a persistent sense that one's gender identity is incongruent with one's biological sense." It does, however, allow employers to require a "reasonably consistent gender presentation" from their workers.
City officials estimate that there are 400 transgendered individuals who live and work in Boulder.
The Office of Human Rights hasn't launched a formal investigation of City Street Bagels but could do so next week.
Atilano sent Gross a letter May 1 informing the bagel shop owner of Moore's allegations. Gross has until Monday to offer a response.
"At that point, we will encourage the parties to mediate or conduct a facilitative meeting with our office, with the hope of reaching some kind of understanding or agreement," Atilano said.
If that doesn't work, the city's Human Rights Commission will launch an investigation to determine whether there is probable cause that discrimination occurred.
The panel can issue "cease and desist" orders and even find actual damages, although it can't assess punitive fines. If either side appeals the ruling, the commission can hold a quasi-judicial hearing.
Moore continues to work at City Street Bagels, where his supervisors have been warned against retaliation.
[/quote]
------------------
John/az
"When freedom is at stake, your silence is not golden, it's yellow..." RKBA!
www.cphv.com
[This message has been edited by John/az2 (edited May 12, 2000).]
[This message has been edited by John/az2 (edited May 12, 2000).]
Story
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Bagel shop wouldn't let him wear pink dress, so he sues
By MATT SEBASTIAN
Scripps Howard News Service
May 11, 2000
BOULDER, Colo. - Boulder's new transgender ordinance could face its first test soon, as a bagel shop employee alleges he was discriminated against for wearing a pink skirt to work.
"This type of behavior isn't right, and I want people to know about it," said Benjamin Moore, a pre-operative transsexual working at City Street Bagels.
Boulder's ordinance, the only such law in Colorado, bars bias in housing, employment and public accommodations on the basis of gender variance.
Moore, who is undergoing estrogen treatment, filed a complaint last month with the city's Office of Human Rights, which is charged with enforcing the ordinance.
Susan Gross, owner of City Street Bagels, confirmed she has been contacted by city officials but declined to discuss her employee's allegations. "I don't even know if he has a case," Gross said Wednesday. "It doesn't really have anything to do with the ordinance."
Moore, who has worked at the bagel shop for three months, said he never hid his transgendered status from Gross.
"When I got my job at City Street Bagels, I told my employer on the first day that I was a pre-op transsexual," Moore said. "I also had my lipstick on."
Moore said he typically doesn't wear skirts or dresses to work, but he usually dons lipstick. "I didn't think it would be an issue because (Gross) knew I was transitioning," he said.
On April 17, Moore said, the staff of City Street Bagels celebrated "Hawaiian Day." Some male employees wore paper skirts to get in the spirit, Moore said.
"I wore my pink skirt to work that day," he said. "My direct supervisor told me to take it off because the owner didn't want me wearing it. They said I should do it on my own time."
Carmen Atilano, Boulder's human rights director, wouldn't discuss the specifics of Moore's case, citing confidentiality rules.
"I do think this is going to be the first case," said Moore, who has consulted an attorney.
The Boulder City Council adopted the law in February, amending the city's Human Rights Ordinance, which already barred bias on the basis of race, sex, religion and sexual orientation.
The new amendment prohibits discrimination based on gender variance, defined as "a persistent sense that one's gender identity is incongruent with one's biological sense." It does, however, allow employers to require a "reasonably consistent gender presentation" from their workers.
City officials estimate that there are 400 transgendered individuals who live and work in Boulder.
The Office of Human Rights hasn't launched a formal investigation of City Street Bagels but could do so next week.
Atilano sent Gross a letter May 1 informing the bagel shop owner of Moore's allegations. Gross has until Monday to offer a response.
"At that point, we will encourage the parties to mediate or conduct a facilitative meeting with our office, with the hope of reaching some kind of understanding or agreement," Atilano said.
If that doesn't work, the city's Human Rights Commission will launch an investigation to determine whether there is probable cause that discrimination occurred.
The panel can issue "cease and desist" orders and even find actual damages, although it can't assess punitive fines. If either side appeals the ruling, the commission can hold a quasi-judicial hearing.
Moore continues to work at City Street Bagels, where his supervisors have been warned against retaliation.
[/quote]
------------------
John/az
"When freedom is at stake, your silence is not golden, it's yellow..." RKBA!
www.cphv.com
[This message has been edited by John/az2 (edited May 12, 2000).]
[This message has been edited by John/az2 (edited May 12, 2000).]
