screw training, fire people and cancel contractsTraining does precious little to change closed minds.  However, seeing the consequences of acting out bigotry dealt swiftly and decisively causes close-minded people to re-assess their place in organizations and to either “shape up or ship out.”

Where’s the legal complaint?What’s the problem here? Thanks to the Christo-fascists in Florida and the gutless wonders in the US Senate, this type of overtly discriminatory behavior is perfectly legal.
This is not an aberration, when you go to the lengths that our legislators have to deny adding protections for transgender people, there is no other conclusion one can come to other than this is an intended outcome of current government policy.

Unless…

What’s the problem here? Thanks to the Christo-fascists in Florida and the gutless wonders in the US Senate, this type of overtly discriminatory behavior is perfectly legal.

Unless Orlando has a trans-inclusive civil rights ordinance, this legal action will do nothing except to help document the problem (which, don’t get me wrong, is significant in and of itself – and perhaps Ms. Bellamy will be to McArteryKillers what Cheryl Summerville was to The Other McArteryKillers Cracker Barrel; but I do hope that no one is getting Ms. Bellamy’s hopes up for a legal victory.)

Honestly…I think the public embarassment to corporate McDonalds is going to be the impetus for corrective action.
McDonalds has an LGBT inclusive antidiscrimination policy, and a manager using the other f-word on the telephone is likely going to be “bad.”
And, as I recall, Orlando does have a trans inclusive employment policy — I’ll doublecheck.

No, they don’tOrlando has a civil rights ordinance but it is not trans-inclusive.
http://www.edgeorlando.com/ind…

Actually, protection is availabledespite the lack of a trans-inclusive employment discrimination statute in Florida (or nationally). As TLDEF says in their linked article:

In Florida, while no law explicitly addresses discrimination based on gender identity, administrative agencies in Florida have ruled that transgender people are protected by the Florida Human Rights Act’s prohibitions on sex and disability discrimination.

Passing ENDA and state trans-inclusive anti-discrimination statutes is extremely important because they remove doubts that discrimination based on gender identity is illegal.  In the meantime, however, it is extremely important that we take advantage of the protections that are already available under existing laws and educate our community that we are not entirely without remedy in such situations.

Technically,this is not a lawsuit, since it was not filed in court.  Instead, it is an administrative complaint filed with the agency that enforces Florida’s non-discrimination statute.  Under Title VII (the federal law banning sex and other discrimination in employment) and comparable laws in some states, an administrative complaint like this must be filed before a lawsuit can be filed.  Sometimes, the complaint alone is enough to resolve the problem.  It costs nothing to file such a complaint and, so, is usually worth pursuing before an actual lawsuit is filed.

While not *explicitly* covered . . . . . . states do in at least some cases interpret their existing human rights laws as covering trans people.  Sometimes under “sex,” sometimes under “disability” (state laws do not all tie their definitions to federal ADA exclusions, and even those exclusions have an exclusion to the exclusion based on physiological causes, a case that can be made based on the current state of scientific research).
To quote from the TLDEF announcement cited in Autumn’s article, Florida administrative agencies apparently do both:

In Florida, while no law explicitly addresses discrimination based on gender identity, administrative agencies in Florida have ruled that transgender people are protected by the Florida Human Rights Act’s prohibitions on sex and disability discrimination.

The TLDEF announcement also indicates that a bill to provide explicit statewide protection has been introduced in the Florida legislature.  The introduction of a bill to clarify and codify existing coverage as interpreted under existing law is a good idea, since to be effective, the law must be promulgated – and if a statute isn’t clear, then is is more difficult to follow.
I know the trans community is tossed under the bus so often that we expect that we’re not covered by non-discrimination laws.

They’re the ones calling it a lawsuit…I saw what they were doing and saw “complaint.”
Seriously though, any action here is preferred to the status quo.  

And this is News?This incident happens every day in America.  It is not News it is common practice among the heterosupremacist oppressors to keep LGBT in economic and spiritual hell.  This is why ALL OF US NEED TO CONTACT OUR CONGRESSCRITTERS AND GET ENDA PASSED!

Obviously, this managerhas eaten too much McDonald’s food.  It rots the brain.  I’ll bet when he’s not spewing hatred he sits under the counter and drools in his shoe.

re: screw training, fire people and cancel contracts I agree completely with greatwhitebear.
That guy needs to be canned.  

Somehow I think a certain young lady will own a McDonald’s in Orlando…

.500

administrative agencies in Florida have ruled that transgender people are protected by the Florida Human Rights Act’s prohibitions on sex and disability discrimination.

“Sex” is always a possibility  but, if I recall, in the years since the favorable disability administrative decision that people wave around – which was from 1991 – Florida has gone the other way.
Here’s pertinent language from a 2004 administrative decision:

Conclusions of Law
As to disability basis
The ALJ concluded that there is no basis for a finding that transsexualism is a disability pursuant to FCRA because the underlying federal law and the regulations that construe the ADA and the Rehabilitation Act specifically exclude the condition of transsexualism as a disability.  He concluded that Florida should follow those interpretations.  He limited the application of the prior FCHR case of Smith v. City of Jacksonville, Jacksonville Correctional Institute, DOAH # 88-5451, 1991 WL 833882 (1991); FCHR # 86-985 (1992), because it involved a pre-operative transsexual with significant medical disabilities and the facts in the case occurred under the Florida Human Rights Act of 1977 and was prior to the enactment of the Florida Civil Rights Act of 1992 and the federal ADA and the amendments to the Rehabilitation Act.  The Panel agreed with his analysis.
Since the Panel determined that transsexualism was not a covered disability under FCRA, it did not need to find that Petitioner established a prima facie case of disability discrimination.  The Petitioner must establish that (s)he is handicapped within the meaning of the ADA or the Florida Civil Rights Act of 1992 (§760.10, Florida Statutes (2000) ). Milton v. Scrivner, Inc., 53 F.3d 1118, 1123 (10th Cir.1995); Brand v. Florida Power Corp., 633 So.2d 504, 509-10 (Fla. 1st DCA 1994).  This can be shown either by demonstrating a physical impairment that substantially limits one or more of the major life activities and presenting a record of such an impairment; or being regarded as having such impairment. 42 U.S.C. § 12102(2); 29 C.F.R. §§ 1630.2(g), (i).
In the instant case, however, it should be noted that there was no showing that the Petitioner is currently suffering from a disability that is an impairment that substantially limits one or more of the major life activities.  In fact, the ALJ specifically found that, prior to undergoing sex-reassignment, Petitioner experienced many of the same impairments found in the Smith case, but that, after undergoing sex-reassignment, Petitioner successfully completed Respondent’s required pre-employment medical and psychological testing.  She did not have any restrictions or request any accommodations on her ability to perform the essential requirements of her position.

I was thinking that Florida, either via statute or formal regulation, had explicitly drank the Federal ADA kool-aid, but I haven’t been able to determine whether that’s the case.
That same decision punted on the issue of sex discrimination – but I can’t imagine that ALJs and court judges that have come into power in the years since in Florida are going to be more enlightened than the status quo of 2004.

Manager’s name? Corporate contact info?If anyone has the above info, I’d appreciate it.
I plan on writing some snail-mail, but e-mail info would also be appreciated.  I’d like to be very specific, so I need as much info as possible.
Manager’s Name, exact job title.
Store address and store-number if possible.
The date/s the messages were left.
Also, these other incidents that were refered to, do anyone know when/where they occurred, and the addresses and/or store numbers?  This is important, it establishes a pattern of disturbing, and frankly, disgusting behavior under the auspices of the McDonald’s name.
I don’t want to get just one manager fired, I want to eliminate the likelihood of a repeat of this sort of abysmal behavior.

More infoStorm, a good bit of the info you seek is contained in the linked article: http://www.transgenderlegal.or…
On July 10, 2009, Zikerria Bellamy applied
On July 28, 2009, that voicemail was left.
It happened in Orlando….  for more, you should probably contact the people at http://www.transgenderlegal.org

Well, that too.I think both tacks — a firing and some new, mandatory training — are probably necessary.

Another thought…According to TLDEF Ms. Bellamy is 17.
As I interpret the phone message, the McBigot is saying that she is not 17 but that she lied about being 17.
(1) If she actually was lying about her age, then she’s going to lose, irrespective of anything else.
(2) If the McBigot is accusing her of lying about her age when she was not doing so, then I might argue compelled publication and tack on an allegation of defamation.  I can’t imagine that, prior to this, she would meet the test of ‘public figure,’ so pure, straight-up defamation law would apply, not N.Y. Times v. Sullivan.

I hope Transgender folks and queers JUMP INLike filling their f*ckin’ drive thru and not ordering a damn thing, and protesting at their entrances.
I’d like a little HATE on the side of my McSalad

I tend to think of this as more of an image problem for McDonalds.My guess is that this is going to resolve long before the complaint is acted upon — if the pink dollar stopped being spent at McDonalds…well, it would be a costly problem for them, no doubt.
And, since the manager used the other f-word in his phone message, the manager turned this from just being just an antitrans incident to being both antitrans and antigay — to being a fully anti-LGBT incient.
Corporations being seen as anti-LGBT — well, this has been shown to be bad for business. LGBT people have a history of being punative with how they — how we — spend pink dollars.

I fearyou may be right about that, Kat.  Hopefully, TLDEF will take the case to court under both Title VII and the Florida statutes, if the Florida commission denies the sex discrimination claim.

McDonald’s corporate contact infoU.S. corporate mailing address is:
McDonald’s Corporation
2111 McDonald’s Dr
Oak Brook, IL 60523
Email their Corporate Responsibility dept.
http://www1.mcdonalds.com/cont…  

So, what else is new?For every instance of blatant discrimination like this there must be dozens of instances, such as the one I recently experienced (I was told I didn’t get interviewed for a position that I was very well qualified for with a former employer because of “business needs.”), where the discrimination was apparent but still carefully worded so they could not be charged. We need ENDA now! Congress has decided to delay it until next year when it is predicted it will fail. We need to call our congress critters and complain!  LOUDLY!

Links to the other incidentsAutumn mentioned are in her story above.

she was rejected for being perceived as a ‘faggot’therefore as long as there is a gay-protective ordinance, she should be protected.  

And here we run intothe problem the entire LGBT community experiences when T’s are left out of non-discrimination laws. A loophole big enough to fly a Peacemaker through.

this incident shows,yet again, how much we need federal t-inclusive enda.  however, this particular young woman may be lucky enough to be covered because of how she was perceived by the bigot.  thank heavens that the mcdonalds hater is as ignorant as he is an assh*le!

But if she isn’t that luckywe’ll all get screwed because of the legal precedent created.

Move ‘em out, round ‘em up, boycott…Remember Rob, Arnie & Dawn on the KRXQ Morning radio show from Sacramento, California?  We need to mobilize every time something like this occurs until it stops.  
Every LGB&T or parent/friend/ally that reads this needs to call or email McDonald’s corporate headquarters and demand a public apology and a clarification of their corporate policy.  Then they need to act on those policies.  Furthermore, we should demand no less of the manager involved by putting pressure on the corporate office.  Regardless of Zikerria Bellamy’s age or qualifications for employment what happened to her is a promotion of hatred and discrimination.
Let McDonalds know that this is not acceptable and that you will not purchase from them nor recommend them to anyone else, etc.  until this is rectified.  Forward this to any other people or groups that might wish to help.
Contact each of the following and let them know what you think:
Corporate Media Relations
Office: (630) 623-3678
Facsimile: (630) 623-8843
Walt Riker
Vice President, Corporate Media Relations
walt.riker@us.mcd.com
Heidi Barker
Sr. Director, Corporate Media Relations
heidi.barker@us.mcd.com
Lisa McComb
Sr. Manager, Corporate Media Relations
lisa.mccomb@us.mcd.com
Becca Hary
Manager, Corporate Media Relations
becca.hary@us.mcd.com
Lizzie Roscoe
Supervisor, Corporate Media Relations
lizzie.roscoe@us.mcd.com
Theresa Riley
Administrative Coordinator, Corporate Media Relations
theresa.riley@us.mcd.com
U.S. Media Relations
Office: (630) 623-6900
Danya Proud
Sr. Manager, U.S. Communications
danya.proud@us.mcd.com
Ashlee Yingling
Supervisor, U.S. Communications
ashlee.yingling@us.mcd.com
 

The Huffington Post has picked up the story

Just pull your car into the drive-in lane and park.Tell them you’re not moving until Bellamy is fired.

You mean hired.Zikerria Bellamy is the victim in this story.

Here’s the link!http://www.huffingtonpost.com/…

Local contact infoIt would probably help to contact the local owner and board of directors of the Orlando McDonald’s in question.  
6875 Sand Lake Rd.
Orlando, FL 32819
(407) 351-2185
World’s Largest Entertainment McDonald’s & PlayPlace
Gary Oerther – owner
http://www.mcfun.com/restauran…
http://www.mcfun.com/contact
http://www.mcfun.com/info

Ignorance with PowerA beautiful example of ignorance with power.  I left IBM over this kind of thing.  (Yes, IBM.)

Wow. Left it right there on voicemail?Usually when someone does something this stupid at work, you ask if they need you to help them fill out their McDonald’s application.
Then again, this kind of bullshit is legal in Florida, because a majority of Floridians are, apparently, morons.
We need ENDA yesterday.

There is always the ADA exception to the exclusionEstablish a physiological cause, and the federal ADA becomes inclusive.  BSTc can’t be checked except if the petitioner is already dead (somewhat reminiscent of dunking for witches – drown and you’re innocent, survive the dunking and you;re a witch and you get to burn to death), but perhaps if it is possible to test for the “long androgen receptor gene” discovered in 2008 and it turns out to be present, a case could be made.  

The Manager Has Since Been FiredThe McDonald’s on International Drive and Sand Lake Road issued a statement Monday evening saying, “Sand Lake Road McDonald’s has a strict policy prohibiting any form of discrimination or harassment in hiring, termination, or any other aspect of employment in the organization. The restaurant requires all employees to comply with local, state and federal employment laws.”
“The behavior of the individual in question is not reflective of the employment policies in the organization. Further, this individual acted outside the scope of his authority and was not responsible for hiring. The individual in question is no longer employed by the restaurant,” the statement said.
http://www.clickorlando.com/ne…

The BBC has also picked this story up.It’s gone international, now.

ADA Exclusion dubiousSec.36.104 Definitions.
(5) The term disability does not include –
(i) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;
Transsexualism is excluded;
in addition
gender identity disorders not resulting from physical impairments are excluded;
So only Gender Identity Disorder other than Transsexuality is included, and such a disorder must be the result of a physical impairment such as involuntary castration, rather than a genetic Intersex condition that causes no impairment.

Note however:“The ADA defines physical impairment as:
“Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine.”
… In a letter dating from 1994 to Senator John Kerry from James P. Turner, Acting Assistant Attorney General, Civil Rights Division stated clearly that Gender Identity Disorder FROM a physical impairment is covered under the ADA. We have a legal opinion from the civil rights branch of the Attorney General’s office making our coverage clear.”
A physiological condition affecting neurology is classed as a physical impairment. But “transsexualism” no matter how caused is excluded anyway.

And yet…It hasn’t ‘gone America’…
so to speak.

Dear McDonald’s Corp.:Within walking distance of the motel I’m at today there are two eating establishments – one a McDonald’s and one not a McDonald’s.  Typically, because of price issues, I would have walked to the McDonalds.  As a reaction to the unconscionable action taken against Ms. Bellamy, I walked in the other direction.

That’s why…some in Britain still think of us as “The Colonials”…

well that was fastmuch harder for bigots to get away with their BS with the intertubes and all providing instant access.

Letter I sent to McDonald’s Corporate Office…Extreme homophobic and anti-transgender incidents perpetrated by McDonald’s employees against members of the public are becoming routine. The latest happened in Orlando, FL. to Zikerria Bellamy. But, I also remember the incident in Louisville, KY where Ryan Marlatt and Teddy Eggers were subjected to vicious slurs, and the incident in NY where Christina Sforza was very badly mistreated, she still has nightmares to this day. Due to this PATTERN of abuse and mistreatment, it is my intention to no longer patronize any McDonald’s restaurant until such time as a National/International training program is instituted with the objective of eliminating any more of these incidents. I will also make an effort to educate my friends, family, and acquaintances about this issue and encourage them to think about their patronage of McDonald’s until such time as this issue is addressed in a serious way throughout all of McDonald’s franchisees and corporate owned restaurants. Being aware of this pattern of abusive behavior leaves me with the inescapable conclusion that I would not be safe from such abuse if I were to patronize any of your establishments.
I hope it will have some effect, but I have my doubts…

The Washington Post has also picked it up…Or at least, there was a piece on the incident in Monday’s Post. Frustratingly, the story (which was from the AP) referred to Bellamy as “a male who has been living as a female for about six years”. Needless to say this is a bit annoying, seeing as it totally denies our right to self-define our identities. I wrote a rather irate letter to the editor, which will probably never be read and almost certainly will not be printed, but it’s better than nothing, I suppose.

Right – so . . . I guess the answer is to make sure the term “transsexual” isn’t used, and that the condition being treated or for which a reasonable accommodation is required, is based on the neurological situation in which the brain develops differently than the genitourinary tract.