The employment-discrimination case of Bobbie E. Burnett could become the first transgender-related discrimination case to be heard by a federal jury in the Eastern District of Pennsylvania.
Last month, both sides in the dispute filed court papers stating that preparations should be made for a jury trial, because efforts to settle the case have been unsuccessful.
Burnett, a city library assistant, claims she suffered ongoing workplace harassment and discrimination due to her transgender status.
She’s suing the city and four coworkers for an unspecified amount of damages.
Burnett wants $800,000 from the city to settle the case, but the city is offering $7,500, according to court papers.
About three years ago, the city offered Burnett $300,000 to settle.
Burnett accepted that offer, but it was subsequently withdrawn by city officials, according to court papers.
Shortly thereafter, Burnett filed suit in federal court.
According to court papers, a jury trial is expected to last between five and eight days, and would take place sometime next year.
Prior to a trial, both sides will have an opportunity to depose up to 10 individuals.
U.S. District Judge C. Darnell Jones 2d is expected to preside over the trial.
Burnett has worked as a library assistant for the Free Library of Philadelphia for 21 years.
About 11 years ago, she transitioned to the opposite gender, allegedly triggering workplace harassment and discrimination that she says continues.
Her personnel records in the city’s Office of Human Resources still refer to her as a male, even though she had gender-reassignment surgery 11 years ago.
According to Burnett’s lawsuit, she’s been transferred to eight different library branches, denied access to unisex restroom facilities, passed over for advancement and unfairly restricted in her interactions with patrons.
Slurs hurled at Burnett by some staffers include “freak,” “man in woman’s clothing” and “nigger,” according to the lawsuit.
On one occasion, when Burnett expressed wishes for a nice weekend to a coworker, the employee responded with, “Burn in hell,” according to the lawsuit.
Additionally, some staffers have gone out of their way to avoid contact with Burnett, and they’ve avoided touching objects she might have touched, the suit alleges.
Library officials failed to take corrective measures to alleviate the hostile work environment, the suit alleges.
Her lawsuit alleges constitutional violations of right to due process, equal protection under the law, freedom of expression and other rights.
She’s also suing under Title 7 of the Civil Rights of 1964 for alleged discrimination due to her sex.
Additionally, she alleges that four of her coworkers intentionally inflicted emotional distress upon her, which is prohibited under state law.
John W. Beavers, an attorney for Burnett, said Burnett has a strong case.
“Employees who transition on the job don’t lose their constitutional rights to equal treatment by their employer,” Beavers said.
Beavers said $800,000 is appropriate compensation for the ordeal that Burnett has endured.
“Ten years is a long time to go through what Bobbie Burnett has gone through,” he said. “She wasn’t treated like she was human. If your employer doesn’t treat you as a human for 10 years, it causes a lot of pain, suffering and emotional distress. Any one incident she endured would be bad. But the totality of the events was devastating.”
Suzanne Reilly, chief deputy city solicitor for labor and employment, declined to comment on the case.
“It is law-department policy that we just don’t comment on ongoing litigation,” Reilly told PGN.
Burnett, 56, earns about $30,299 annually.
In a brief interview, Burnett said that a “substantial portion” of any money she might receive due to the lawsuit would be used to establish a foundation to aid members of the transgender community.
“I would take a substantial portion of any compensation I might receive, and start a foundation where people like me can get help,” she said. “The foundation would have a legal-clinic component, so that people in need of legal assistance can get help with those things.”
Beavers said he’s optimistic that a jury will rule in favor of his client.
“Bobbie was treated differently than other employees for illegal reasons,” he said. “She had to take a lot of time off from work because of emotional distress caused by the unlawful discrimination. Bobbie did everything she could do to have the discrimination stop. But supervisors permitted fellow employees to direct discriminatory harassment against Bobbie. So I believe a jury could easily award $800,000, once it hears all the facts.”
He also said a monetary award for Burnett could help strengthen employment rights for other transgender individuals in the region.
“A big monetary award would put employers on strong notice not to discriminate against their transgender employees,” he said. “Even a small award would put them on notice not to discriminate. But I don’t expect Bobbie will get a small award.”
Beavers said he’s eager to present the case to a jury.
“I like trailblazing,” he said. “I’m enthusiastic about having the opportunity to do what you go to law school for, which is to support justice. And I think this case has a great potential for that.”