Tuesday, March 31, 2009

Bad Medicine

As a former employee of a local not for profit hospital that provided acute and residential psychiatric care to children and adolescents I was relieved to hear that numerous member of their treatment team have been asked to leave.

While working I witnessed numerous Phd’s, MD, and Master’s level clinicians and coordinators recommend discriminatory behavior as a way of curing gay, lesbian, transgendered and questioning adolescents. There were numerous incidents where staff was instructed to make fun of male teenagers who painted their nails or wore feminine hairstyle. The belief of the treatment team was that if they made comments about them these kids would “stop acting gay”. Comments such as kids being “fairies” and “having too much sugar in their tanks” were often made to the children in question. These kids were often ridiculed about their position regarding their sexuality. And while some hetero sexual relationships were encouraged among patients same sex relationships were considered unhealthy and not allowed to occur because they were thought to not be a “normal part of growing up”.

heterosexual female

Tuesday, October 7, 2008

This is why we need to amend our HRO

Recent comments pulled from a local SB bulletin board:

In response to the idea that, in any situation, adults working with children should be thoroughly checked out. The very thought that no automatic moral pass should be given, that people shouldn't be more suspect due to orientation and that we should look at adults who work with children as the individuals that they are provoked this response:

"Proof positive once again that lesbians and other sexual oddballs are dangerous, immoral creatures without a conscience or soul. GLBT teachers in America should be identified and fired as expeditiously as possible so this horrific crime doesn't continue perpetuating itself.

P.S. Is that an STD on her bottom lip? Yuck!"


Comments made by a man who claims to be heterosexual

Monday, June 23, 2008

The Day the Music Died

SBE Note: We recognize that, since the allegation of discrimination involves a private teaching working out of her own home, amending the HRO probably would not help in this situation. This story is posted to give a voice to those who feel they have been discriminated against and to demonstrate the prejudice that exists in our community. This time the alleged victim was a young child who's only wrong seems to have been to have two lesbian parents.

Last summer, we found out that a neighbor was an experienced and respected piano teacher and expressed interest in her giving our daughter lessons. She was quite encouraging. I really don't remember whether she would have known that our daughter has two moms, since she rarely socializes with anyone on the block.

Anyway, when our daughter finally started lessons, I went with her, since the instructor works with young children along with a parent. The first few lessons went very well. The third time, I thought that I noticed the teacher changing a song's words from "mommy and dad" to "mommy and teacher." I didn't ask her about it but assumed (with pleasant surprise, given her age and the relatively conventional neighborhood) that she was trying to accommodate our daughter's family situation. At home that week, I encouraged our daughter to practice singing "Mommy and Mom." When we sang it that way at the next lesson, the teacher seemed confused, but we stumbled through the song and moved on. I also paid her at that time, with a check that listed both my partner's name and my name jointly. Our daughter was loving her lessons, and I was very pleased with the situation.

A few days later, a letter came in the mail, even though the teacher lives across the street. It contained our check and a short note saying that she "regretted" that she would not be able to teach our daughter any longer and that we should keep the piano lesson book as a gift from her to our daughter. We were shocked, hurt, and angry. I immediately went over to her house, but she was not there.

Our daughter was practicing diligently and expected to have a lesson the next day. For the first time in her (then) 5 years, we lied to her. We told her that she realized that she had too many students and couldn't fit her lessons in to her schedule any more. Our daughter clearly suspected that this wasn't the whole story, and she has raised it several times since then. She was really disappointed and confused.

Finally, about 10 days later, I went back across the street. She seemed surprised to see me and let me in, and we talked for about 10 minutes just inside her front door. I don't remember the exact course of the conversation, but she kept insisting that she couldn't work with someone who kept changing the words to the songs, who wouldn't follow the instructions/music, etc. When I figured out that she was referring to the "mommy and mom" words, I told her that I had thought that *she* was changing them and that, if she had asked, I would have been perfectly willing to sing the words as written. I explained that we have no problem with "dads" (the original working was "mommy and dad"), to which she responded, "I'm sure your daughter must have a father out there somewhere." I explained that our daughter does not have a father; she has a donor, which she understands perfectly.

I made the point very firmly that in the nearly two years since we had moved to the area, hers was the first instance of overt discrimination that we had faced. No one at our palces of employment, at our synagogue, in the neighborhood, or anywhere else, had found it appropriate to insult us or to exhibit the "intolerance" that she had. She didn't say much in response, other than to reiterate that she can't work with people who won't follow her directions and that she works with "families." I found this comment especially maddening. Although I didn't tell her all of this, My partner and I have been together for 13 years, the first two of which we spent struggling against L's stage four non-Hodgkins Lymphoma which she was extremely lucky to survive. We then moved to CA, where we became registered domestic partners and started our family. We have had extensive family and community support and knew dozens of *families* like ours in CA. We raise our daughter with intentionality, values, love, support, community-mindedness, education, and open-mindedness that most children in the world would be blessed to encounter in their own lives. Her suggestion that we do not constitute a family was not surprising, given the homophobic ideology of "family values" circulating in today's conservative political/religious culture, but it was incredibly offensive.

I clarified quite clearly that we are, indeed, a family, and that clearly, she is willing only to work with certain kinds of families, not all families, and that I would be sure to communicate that to anyone I encounter from the music community. We really weren't getting anywhere, so I said that clearly, it was just as well that we learned about her discriminatory attitudes, since we no more wanted to work with her at this point than she wanted to work with us. She tried to play the nice neighbor at that point, saying that she was glad that we had had a chance to talk. I did not reciprocate, but merely turned around and walked out and across the street to my home.

Though I was irritated and angry, I was very careful to keep my voice low and calm during the conversation. I avoided using insulting language of any kind. Since she hardly ever leaves the house, I haven't run into her since then and hope not to.

(young child of a lesbian couple)

Saturday, June 7, 2008

Anti-gay graffiti on local business

I work at a South Bend establishment well-known as being a welcoming space for LGBT patrons, especially young people. Unfortunately, last fall we had an incident where anti-gay graffiti was scrawled on the back entrance to our establishment. An individual's car that was parked nearby was broken into and items were stolen. This was very upsetting for the employees, some of whom are LGBT and were confronted with the idea that they could be harassed or have their property damaged or stolen based on the perception of their sexuality.

The first employee to arrive the morning this was discovered called the police and a report was made. No futher action was taken concerning the incident.

(male, heterosexual)

Homo? No, Humo

When it comes to homophobic intimidation and scare tactics....I have experienced much through out my life as a single adult...in schools I have attended....in the army...and as a part of a Community Mental Health Facility.

This incident took place at an area located near a local hospital. There is a picnic table where I would go to get away from the my apartment when I got cabin fever from sitting inside for too long. There is a sign by the picnic table that reads Smoke Free Park...and then in Spanish it reads Parque Libre de Humo.... Someone had taken a black marker to the "u" in Humo and turned the word into Homo.

(VHRC Note: After reporting the sign, it was replaced, however, a new sign can't undo the fear caused by the incident.)

There was a person in my aprtment building who took a particular dislike to me, who made me nervous all the time. I would go to the picnic table behind the hospital just to get my mind off of that person and get some of my studying done. I made a habit out of studying at that picnic table until the sign was changed from Humo to Homo...after that I avoided the picnic table. Even though the person who hated me so much finally got sent to a different apartment complex, his friends remain here at these apartments and they have very little to say to me...they never tell me why....

I stay to myself these days...that is one of the reasons I am hoping that some day soon I will be able to talk to people from the LGBT community because I am kind of isolated here and I have been for a very long time. It is not safe to talk about gay issues at work or at the library where I work and my family is pretty much homophobic and hard to trust after all the times they have ridiculed me for suggesting that I may be bisexual.....

(male, bisexual)

Thursday, November 29, 2007

Consequences of the closet

Note: While we acknowledge that this is not a story of discrimination, it clearly demonstrates the consequences people face when they feel they have to remain closeted to be safe in their own community.

There's a saying in the gay community that "We come out of the closet when our pain of remaining in it becomes greater than our fear of leaving it."

This man's pain is something many of us have experienced and can relate to.

I'm not 'out' at work because of my fear of my colleagues' reactions. I was married for years and that's how they know me. I fear rejection, the looks of unspoken ridicule (that would not violate anti-harassment policies) and at the same time would probably find a sense of freedom I currently don't have.

Because I'm divorced, I hide behind the false veneer of heterosexuality. I avoid places that are openly gay where I could feel comfortable with others like me but might be seen by colleagues. I avoid browsing the 'Gay and Lesbian' section at the bookstores where I could learn more, but also be seen and 'outed'.

I was in my early 40s before I even met someone who was openly gay. Prior to that, I carried my secret under the mistaken belief, if I don't tell, it won't matter. But the truth demands to be told. I never had any support for being honest--with myself or with others.

I do not let people close to me, maintaining a very private personal life, which condemns me to loneliness. I've just recently started attending gatherings for gays, in an attempt to develop some sort of social connection, but dread being seen by someone I know from work. Clinical depression is my constant companion; though under treatment, it casts a gray pall over my life.

I don't date; and if I met someone I would feel ill at ease going through the community like anyone else.

(male, gay, closeted)

Local restaurant experience

I have not [experienced discrimination], but then, I'm a straight woman.

I do have friends who are gay, bi, and transgendered, however, and most (if not all) of them have experienced some discrimination in public places. For example, I was recently with a friend at a local restaurant, and the waitress was extremely rude to my friend -- she made a remark to another patron (in our hearing) about "fags"; we had to wait longer than other patrons for service.

We were quite angry, and walked out. We were told no manager was on duty that night, so we couldn't complain directly, but I called the restaurant the next day. Management didn't seem terribly concerned about our experience.

(female, straight)

Anti-gay harassment?

When I formerly worked for a local bank, several co-workers would refer to my partner of 4 years as my "friend" using air quotes, despite the fact that I referred to him as my partner.

(male, gay)

Hostile work environment

My boss has talked to me about not having a problem with gays. In fact he has "helped" a lot of gay men he knows "change their ways"! He hired me knowing I was gay, and has had a problem with it the whole time I have been working here.

I have never worked in a more hostile environment because of it!

(lesbian)

Fired (straight) Arby's worker wins lawsuit

Note: What people don't realize is that you don't have to be gay to face discrimination on the basis of your sexual orientation or perceived orientation. This case, from the South Bend Tribune, illustrates that.

And another important point: The only reason she won the case is because the company didn't file papers on time. If they had, she wouldn't have had grounds to pursue the case.

Fired Arby's worker wins lawsuit

Claims friendship with gay co-worker led to harassment.

September 19, 2007

JEFF PARROTT Tribune Staff Writer

A St. Joseph County judge has awarded more than $50,000 in damages to a former Arby's employee who claimed that co-workers and male supervisors incorrectly believed she had a homosexual relationship with a co-worker and then harassed her over it.

Stacy McAnally's lawsuit, filed in 2004, claimed that the restaurant's owner, Mishawaka-based franchisee Best Beef Inc., not only did nothing to stop the harassment, but fired her in retaliation for reporting it.

McAnally, then a 32-year-old married mother of two, started working at the company's Plymouth Arby's in September 2003. After she became friends with an "openly gay" co-worker, two weeks into the job, rumors that the two women were lovers started circulating among employees, McAnally claimed in a complaint she filed with the Equal Employment Opportunity Commission.

After her general manager, a woman, asked the gay co-worker if she was McAnally's "girlfriend," McAnally complained to the company's district manager. Four days later, and about four months after she was hired, she was fired "because I was not a team player," McAnally told the EEOC.

Best Beef claimed in court documents that it fired McAnally for failing to perform her duties and for missing work.

The company also claimed that it investigated McAnally's harassment claims but found no basis for them.

But the company never had the chance to formally argue its case in court because it missed the deadline for filing a response to McAnally's initial lawsuit.

That meant McAnally won by default. Best Beef acknowledged that its human resources manager had received a copy of the lawsuit in December 2004, but she was so overwhelmed with paperwork connected to the planned sale of 15 local Arby's locations to a Georgia-based company, that she temporarily misplaced the document, failing to forward it to Best Beef's attorney until four days after Circuit Court Judge Michael Gotsch entered the default judgment.

Best Beef asked Gotsch to set aside his judgment, citing "excusable neglect," a legal term defined in Indiana 's trial rules. But Gotsch denied that motion.

McAnally, of Rochester , could not be reached for comment. Her Valparaiso-based attorney, Anna Hearn, said she is happy with the verdict.

McAnally's co-workers started harassing her after she began giving the gay employee rides home from work, Hearn said.

"They called her (derogatory terms referencing homosexual women, including at least one sexually explicit term) ... there was speculation that someone urinated in her drink," Hearn said. "She spit it out and said it smelled like urine.

"McAnally claimed in court documents that the harassment drove her to seek mental health treatment for severe depression.

Gotsch awarded McAnally less than one-third of the $169,000 in damages she requested in her closing statements. The $50,873 included $25,000 in punitive damages, meant to punish Best Beef; $11,420 in compensatory damages, $6,239 in attorney fees, $4,305 in lost back pay; and $3,908 in prejudgment interest, which is meant to recoup interest on money a plaintiff would have had, absent a defendant's wrongdoing.

Best Beef's attorney, Christopher Potts of South Bend , could not be reached for comment. A woman who answered a local phone number listed for Best Beef referred The Tribune to an office in South Carolina . A voice mail left at that number, for "Best Beef of Carolina," an Arby's franchisee, was not returned.

Staff writer Jeff Parrott:
jparrott@sbtinfo.com
(574) 235-6320

Welcome to South Bend's Virtual Human Rights Commission

What is a Virtual Human Rights Commission?

Since our Common Council has refused to allow South Bend's Human Rights Commission to investigate allegations of discrimination based on sexual orientation or gender identity, this is really the only place we have where those stories can be heard. It's our way of giving a voice to those who feel they've been discriminated against on the basis of sexual orientation or gender identity.

It should be noted that heterosexuality is also an orientation so a straight person could also be discriminated against on this status.

Also, since our Human Rights Ordinance includes perception, one doesn't actually have to be LGBT (lesbian, gay, bisexual or transgendered) or heterosexual to be discriminated against.

Isn't it already illegal to discriminate on the basis of sexual orientation or gender identity?

Currently, it is perfectly legal to discriminate on that basis. Our Common Council has the power to rectify this situation but has refused to do so.

Does discrimination on the basis of sexual orientation actually exist?

According to the South Bend Human Rights Commission, it does. In January of 2005, they issued this statement:

"The South Bend Human Rights Commission is an agency of the City of South Bend, Indiana, committed to fair and equal treatment of all human beings. It is the responsibility and duty of the Human Rights Commission to make sure that no human being is mistreated based on status, without making value or moral judgments.

"Gays, lesbians, bisexuals and transgendered (G,L,B&T) persons have experienced mistreatment based on their G,L,B&T status. The South Bend Human Rights Commission supports and encourages the South Bend Common Council to hear from the general public, to explore, investigate and to determine the degree to which G,L,B&T persons have been treated adversely within the City of South Bend due to their G,L,B&T status. The South Bend Human Rights Commission further encourages the South Bend Common Council, working cooperatively with the South Bend Human Rights Commission, to create an appropriate remedy."

Some in our community have tried to deny this, but the HRC statement clearly indicates this does exist.

What will we do for you?

We are simply here to give a voice to those who believe they've been discriminated against on the basis of sexual orientation and gender identity. We have no authority to investigate, verify information or act on anyone's behalf.

If our Common Council were to amend South Bend's Human Rights Ordinance to include sexual orientation and gender identity, you could go to our Human Rights Commission and fill out their information request form. They would then conduct interviews and investigate the allegations. If those allegations can be substantiated, the HRC would work to mediate and reach concilliation.

What won't we do?

We won't post any names, either of those claiming discrimination or those who have been accused. The exception to this would be stories gathered that have already been verified by other sources.

What type of stories will we post?

We will post stories of discrimination on the basis of sexual orientation or gender identity in the areas of employment, education, public accommodation and housing.

How do you tell your story?

You can email your story to info@sbequality.org where we will review it and edit out any identifying information before posting.