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You can thank ENDA for that

by Lyndsey Darcangelo

I know, I know. I’m beating a dead horse here. You already know my stance on ENDA. But I saw the following article in the Advocate and thought I might make an example out of it.

Lesbian Wins Multimillion-Dollar Discrimination Suit Against Goodyear

A Washington State lesbian has been awarded nearly $4.4 million in a lawsuit she filed against her former employer,goodyear2_2.jpg Goodyear Tire & Rubber Co., and a supervisor, alleging unlawful retaliation that eventually led to her dismissal.

Melissa Sheffield claimed that her supervisors’ negative reaction to her sexuality was the beginning of a process that culminated in her demotion and termination.

In a November 8 decision, a jury in King County, Wash., awarded Sheffield more than $318,000 in lost past wages, more than $40,000 in lost and future benefits, and $4 million in emotional distress in a suit filed against the company and her former supervisor, Randy Reich.

According to a court brief filed by her attorneys, Sheffield, 47, began working at Goodyear store in Seattle in 1994 and became a store manager in 1999, a position in which she won a corporate excellence award. Things started going downhill at the end of 2002, after she brought her girlfriend to a managers’ dinner that was also attended by another store manager, Waide Adams.

In 2003, Reich became Sheffield’s new boss, and he made Adams her new team leader. Within six weeks Reich and Adams began investigating Sheffield, and they found billing improprieties and asked her to sign a statement acknowledging her mistakes. Sheffield complied. Soon after, a new service manager, Dave Johnson, was transferred to Sheffield’s store. The court brief states Johnson informed employees he knew Sheffield was gay and that he didn’t like gays. When Sheffield approached him about his bringing a gun to work (in violation of Goodyear policy), Johnson threatened to “pull it out and urinate all over [her] with it” if Sheffield made him mad. Sheffield alleged that Reich took no action when she lodged a complaint against Johnson and was retaliated against when she took the matter to corporate human resources. READ MORE

Of course, the ruling is going to be appealed. But, it is going to be much harder to overturn now that ENDA has been passed. Sure the bill won’t be “official” anytime soon, but the fact that the language is “out there” now is enough to have an affect.

The woman who won the case is now 4.4 million dollars richer. She has 4.4 million reasons to be grateful that ENDA passed. She has 4.4 million reasons to be glad that she’s not the T in GLBT. Because if she were, she may not have won the case. Or she may be in jeopardy of having the ruling overturned.

I read one of the best columns this morning about ENDA. And it’s written by someone who is quite visible in the Transgender community. It’s poignant, well-written and without agenda.

Read it here.

One point that seems to be made in every column, article or blog in support of ENDA is this: “Throughout the history of civil rights, some rights have had to come at the expense of others. That’s how it’s been done. That’s how things get accomplished.”

OK. Fine. That’s how it’s been done. But … that doesn’t make it right. That doesn’t mean that we have to follow suit because “that’s how it’s always been done.”

Wars used to be fought with soldiers walking towards one another in an open field. That’s how it was always done - throughout history. How come that isn’t the way we do it now?

The point is that things change. What may have worked before doesn’t necessarily mean that it’s going to work now, or that it is the only way it’s going to work now.

Some people in the GLB community called the passing of ENDA a “bitter sweet victory.” As for me … I don’t feel “sweet” about it by any means.

The truth is, I just feel “bitter.”

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One Response to “You can thank ENDA for that”

  1. Allyson Says:

    I know I sound like a broken record, Lyndsey, but thank you. If you’re like most people who work in advocacy and activism, you probably don’t hear that enough.

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About Lez Keep It Real

There’s no reason to beat around the bush, so to speak. Let’s get it all out in the open, basically - Lez keep it real. Real opinions, real discussion, real stories. Writer and professional people watcher, Lyndsey D’Arcangelo, will keep you up to speed with information and educated opinions on current news, politics, sports, entertainment, gossip, lifestyle, coming out and everything else concerning the gay and lesbian population five, fun-filled days a week!

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