Pauline Davis, 45, wore the device to the J&J Snack Foods plant in Moosic, Lackawanna County, while she contemplated a gender change, according to a federal civil-rights complaint filed Wednesday in U.S. District Court in Scranton. She confided in several co-workers about the device, and someone told management, according to the complaint.
She subsequently was fired from her job as a packer/line inspector. Her termination, she claims, was discriminatory because a male co-worker who wore female clothing and prostheses and took hormone treatments was not fired nor disciplined. Further, argued her Bucks County-based attorney, Lalena J. Turchi, her fake penis was concealed and "in no way interfered with her ability to do her job."
Davis filed a complaint in March 2010 with the Equal Employment Opportunity Commission office in Philadelphia, claiming gender and gender-identity discrimination. She is seeking back pay, damages for suffering and humiliation, and punitive damages, according to this week's lawsuit.
4 comments:
Those prosthetic penii only come in small I guess !
I don't think she was fired because she wore a prosthesis. I think she was fired because she went around talking about her willy.
Saying "I have a penis" should not be a firing offence. Also, I doubt they would have fired, say a war veteran who informed his coworkers about his new penis prosthesis.
You certainly can be let go for discussing or pointing out sex equipment that you are wearing. Not only is it inappropriate talk at the work place overall, but it could be considered sexually offensive to the coworker or worse sexual assault depending on the specific language used and other circumstances. Check your State laws.
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