The U. S. Department of Justice has filed a “statement of interest” in the case of trans litigant Bobbie Burnett, contending the city construes antibias laws in a narrow manner that unfairly excludes transgender people.
Burnett, a city library assistant, is suing the city for pervasive workplace bias due to her sex and gender identity.
She alleges the city has limited her contact with the public, restricted her use of gender-appropriate restrooms, cited her for frivolous infractions and transferred her to undesirable work sites.
Burnett claims her workplace problems began in 2002, shortly after she began transitioning to the opposite gender.
She filed suit in 2009, alleging violations of city, state and federal laws protecting the transgender community.
In court papers, the city acknowledges that gender stereotyping against transgender individuals is banned by federal antibias laws.
But the city contends other forms of anti-transgender bias that don’t involve gender stereotyping aren’t banned by federal antibias laws.
The DOJ’s 10-page statement, however, notes that being transgender is a form of gender nonconformity in and of itself.
The statement asserts that the city is construing antibias laws “too narrowly,” resulting in an unfair exclusion of transgender individuals. It urges U.S. Magistrate Judge Lynne A. Sitarski to interpret antibias laws in a more inclusive manner.
Dena W. Iverson, a DOJ spokesperson, explained why the DOJ filed the statement.
“The United States, through the Department of Justice, is charged with promoting the public interest and eliminating unlawful employment discrimination. The United States has a strong interest in ensuring the proper interpretation and application of federal employment-discrimination laws, such as Title 7 [of the Civil Rights Act of 1964].”
John W. Beavers, an attorney for Burnett, expressed appreciation for the DOJ’s statement, which was filed with the court April 4.
“We’re very grateful the DOJ has shown an interest in this case, and we hope its brief will guide the court in making the right decision,” he said. “The DOJ is telling the judge not to be bamboozled by the city, because that could create bad case law.”
Beavers said Burnett simply wants to be treated like every other city worker.
“Our ultimate hope is for Bobbie to be treated like everyone else,” he said. “Everyone should be protected equally under the law.”
Brian J. Pierce, a city attorney handling the Burnett case, had no comment for this story.
Burnett’s court filings contend that coworkers hurled slurs at her, including “nigger,” “devil,” “man in women’s clothing,” “monster” and “freak.”
But the city points to multiple workplace complaints against Burnett, including that she was lazy, made inappropriate comments to coworkers and refused to cooperate with supervisors.
Beavers said the city’s allegations about Burnett’s work performance are defamatory.
“The city has been making allegations against my client that are defamatory,” he said. “But the city can’t be sued for defamation, because it’s immunized from a defamation lawsuit.”
Beavers said Burnett began receiving very negative performance evaluations after her gender transition.
“That’s too coincidental to be believable,” he said. “I’m convinced her negative performance evaluations were due to discrimination, not [her] job performance. That’s what the record shows.”
He said Burnett’s case should go directly to a damages trial, as she’s already proven her allegations against the city.
But the city contends that only a portion of Burnett’s allegations have possible merit, and should go to a jury trial.
Burnett, 58, has worked for the city’s library system since 1991.
Multiple efforts to settle the case have been unavailing, and a jury trial is expected later this year.