Thursday, April 4, 2013

Shop till You?

It is difficult to believe but a story of a transgender woman being discriminated against by a JC Penny's store is over a year old now.
I interact on a couple other sites and last night I received this incredible, informational answer to my post. I wasn't very clear I wasn't writing about myself and here was the response from
Chrissy-Xena:

"Unfortunately in any large store, especially where many employees are more clerks rather than professionals some will bring their personal beliefs in to work and try to over-ride the usual store/company policies when they feel personally justified to do so (such as religious views, right-wing ones, bigotry etc). Too bad you didn't get wait to see what the manager would have said to you, and then if not accepting of you and using the woman's fitting room then to get both their names and make an official complaint. Chances are the company would have backed you, given you came in the store dressed as a woman, and conducted yourself as such. And having your GF as a witness would have been a big plus in case they disputed the facts of the event. The company may have warned both the employee and manager not to discriminate again, and it they didn't agree to letting you, a customer, use the woman fitting room and/or female bathrooms then they should have been fired. If not then you could have filed a federal complaint (in some localities as well) or suit based on gender discrimination against the employee and company. Unfortunately this all sounds all so familiar to a similar incident a few years ago down at a Macy's store in Texas, and it was properly reported to management and dealt with sternly with the employee who refused to follow the inclusive policy of Macy's. The employee (also Black and conservative religious) used her religion as an excuse not to allow the transgender customer to also use the woman's fitting room, and wouldn't agree to change, so she was fired for just cause. Just know that if such a thing ever occurs again, to consider getting their names and making a proper complaint so that it can advance the cause of the greater transgender community. And without doing so that same two employees will keep discriminating against any "perceived" trans-persons that come in their area. BTW, if you ask for the store manager (if they have left for the day, the acting store manager will attend to your complaint). But following up with a written complaint ASAP to corporate so it won't be covered up (store managers won't send such complaints upstairs to corporate as they make him/her look bad ...they didn't train their employees well on store/company policies or deal well with it when it did occur, etc.) and will help enforce our basic civil rights. You may not wish to sue, but if you do then likely some trans-legal aid will back you and provide free legal services. But always ...always file complaints, they are cheap and most of the time they work to make changes without filing a lawsuit. At the very least the employee is likely to be fired if they don't change their behavior, even if they don't change their negative viewpoints about trans-persons. PS I have had "reverse discrimination" myself as when years ago I worked as an employee, at a Macy's nonetheless, a revengeful TG ex-friend filed false complaint against me with the BBB (she pretended they were a woman customer and was "shocked to see a man dressed as as a woman's employee" etc) and tried to get me removed from selling in the woman's clothing area, just out of spite. Once I found out who had caused me to be transferred to the men's department I told corporate HR (which was quite embarrassing as I hadn't revealed my trans-status so this "outed" me at a job where I "passed" 100%) they put me BACK in the same woman's area where I was an outstanding saleswoman). I then sued the TG for filing the false complaint, went to court and argued the case myself and WON! Remember, you are the highly valued customer shopping in a store where they are sinking fast with lowering sales, and they NEED every single customer regardless of their personal characteristics. Chances they WILL do something about any such complaint you file, and eliminate the problem one way or the other. My philosophy is "stand your ground!" Then "fight back." It feels so much better at the end of the day."

My response to her was I agreed with JC Penny's recent earnings, they would certainly value any shopping dollar. Plus I have rarely faced any dressing room problems as I shop. Perhaps the saddest part is the story of transgender women again fighting among themselves.

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