There is no denying that this is a tricky situation, and one that every transgender person and their employer face. However, gender identity is a protected right in the area that she lives in. That is how she won the case. Had the same thing happened where I lived, I would receive nothing, because Georgia has no protection for gender identity. Which means that I can be fired at any time working in this state for being transgender, and it is legal. Fortunately, the company I do work for is based out of California, and both they and our clients have been very accepting of my transition.
There is very little information about the case, so any thing I or anyone else has been saying is just conjecture and guesswork. Ms Harmon did ask to leave the company when she began to live full time, and they asked her to stay. In doing so, they should have been accepting her. They wanted her enough to keep her around, but they didn't want her to transition. They wanted the man that they knew. So they are denying her of her right to live her life as it should be. That is discrimination, as much as if you were to say, hire someone of the Jewish faith but demand that they never reveal or talk about their religion, even casually. Or saying that a gay person can work for you, but they can't talk about their partner or the fact that they are gay. With transgender people, it is not even that easy.... We literally wear our differences when we start to transition.
Honestly, no where in the article did I get that any of the company's clients complained. It was just the fear that they might that motivated the company to discriminate against Ms Harmon. Possibly the fear or bigotry of one of her managers, but we have no way of knowing that. In most cases though, it's someone in management who has a problem that causes these things.
For the sake of example though, suppose several clients did have a problem with Ms Harmon's transition. And they were clients of hers. Why couldn't the company just have someone they would be more comfortable with handle those clients. They wouldn't have to deal with, possibly even see or think about Ms Harmon then. The same thing happened to my room mate when she transitioned. One of her clients was uncomfortable with the change, so they assigned that client to another agent and my room mate took on other people who didn't care. And honestly... most people really don't care about what someone else does.
Even at the worst case scenario and every one of their clients was a transphobic bigot, was there nothing she could have done and still live and work there as a woman? I could argue that they tried to do that with having her work from home, but she seemed to regard that as a punishment, or they were trying to remove her from the office. Again, to little information is given to really know what goes on. As far as the excuse that having her there was causing an unpleasant atmosphere in the office... That is entirely management's doing. They are the ones who discriminated against Ms Harmon. She even agreed to go along with it for a time. But the fact that management felt badly about her transition likely spread to the rest of her office workers. She would have become someone to avoid if you want to keep in good graces with management. She could even become open season for anyone else in the office with hatred in their hearts, because management quietly disapproves of her transition.
In agreeing to keep Ms Harmon employed, they should have accepted her transition. I doubt that the fears of clients being uncomfortable was well founded, since most people wouldn't even care. And if someone did complain, there were many other options than discriminating against Ms Harmon. But that is what they chose to do. Discriminate against her. And in here area, that is illegal, as the courts ruled.
People really need to stop letting fear of the unknown or different stir up hatred and discrimination. We are all just human beings. Transgender people aren't any different from anyone else, aside from an unusual birth defect. We have the same feelings, same homes and dreams as anyone else.. plus the dream to live life openly and honestly, as we really are. Instead of having to hide behind a gender mask so other people won't be made uncomfortable... or become violent. Being transgender is not harmful to anyone... and it isn't something we choose. The harm comes to those who dislike, fear or hate us. And nearly all of the harm falls right on us.
We don't want special rights. Or to shove our differences in other people's faces. We just want to live our lives as we were intended to. And peacefully. Maybe someday that will happen. And for the generations of transgender children that will come after me... I hope that day comes sooner rather than later.
