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Hernando Today

Tampa's transgender ruling elicits uncertainty

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By MICHAEL D. BATES and JEFF SCHMUCKER

Hernando Today

Published: November 21, 2009

BROOKSVILLE - Will Tampa's decision Thursday to broaden its policy on discrimination to include transgendered individuals lead to a review of personnel procedures for Hernando County, the city of Brooksville and the school district?

County Human Resources Director Cheryl Marsden doubts if it will have an immediate impact, especially because there is no federal law mandating such a change to employment policies.

So far, it hasn't been an issue, Marsden said. But if someone was to bring it up, she said it would be brought before her and her leadership team, who would draft a recommendation for county commissioners. The board has the final decision-making power.

"It's not an issue until it is brought to our attention," Marsden said. "So far, it's nothing that we've been discussing."

The county's policy currently prohibits harassment and discrimination based on an individual's race, religion, creed, color, national origin, ancestry, medical condition, mental and/or physical disability, marital status, gender, age or veteran status.

There is nothing that specifically addresses transgendered individuals.

Brooksville City Councilmember Joe Johnston said he doesn't foresee it becoming an issue locally.

But if it comes up, "we'll deal with it," he said.

However, Johnston said he doesn't believe in creating a "new class of citizens" who are dealt with separately when it comes to enforcing discrimination policies.

"To me, discrimination is discrimination, no matter who it is," he said.

Following two hours of testimony from grandmothers, ministers, transgendered people and representatives of Fortune 500 companies, the Tampa City Council voted 5 to 1 on Thursday to prohibit discrimination in employment, housing and public facilities based on "gender identity and expression."

Councilman Charlie Miranda, who supported the changes when it came up two weeks ago, voted no, saying he was concerned it will cause "disruption" in the workplace. Councilwoman Linda Saul-Sena, who also previously voted for the changes, was out of the country on vacation.

Council Chairman Tom Scott, an ordained minister at the 34th Street Church of God, who as a Hillsborough County commissioner voted against numerous gay rights proposals, gave an impassioned speech explaining how he had struggled with the controversial issue.

For the Hernando County School District, School Board attorney J. Paul Carland II said there is no policy addressing transgender issues.

In terms of protections, he said the anti-bullying/anti-harassment policy does offer some protections for both employees and students.

"Otherwise, it would be up to the board if they wanted to create a policy that was more clear than that," Carland said.

As to whether a teacher or a student would be allowed to cross-dress, Carland said only the superintendent could answer that question.

Despite calls to her office, interim Superintendent Sonya Jackson could not be reached for comment Friday. A secretary at the office said she left early. Without express permission from Jackson, a secretary for Assistant Superintendent Marcia Austin said neither Austin nor other administrators could speak without Jackson's say-so.

Joe Vitalo, president of the Hernando Classroom Teachers' Association, said the transgender issue has never come up before and he's not sure what the reaction would be from either the school district or the community.

"It would really depend on the school, on the administrators and how the people feel about it there," Vitalo said. "But I'm unable to really give a clear answer about that."

What does 'transgender' mean?

According to the Lesbian, Gay, Bisexual & Transgender Community Center, the term "Transgender" is a broad term for people — gay or straight — and includes those who cross-dress, surgically alter their sex and even those who have Gender Identity Disorder, defined as a, "diagnosis frequently given to children who don't conform to expected gender norms in terms of dress, play or behavior."

Reporter Mike Bates can be reached at 352-544-5290 or mbates@hernandotoday.com. Reporter Jeff Schmucker can be reached at 352-544-5271 or jschmucker@hernandotoday.com. Tampa Tribune reporter Christian M. Wade contributed to this report.

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