Mickey D "clowns" transwoman out of a job

[peggygee]

Mickey D "clowns" transwoman out of a job

On July 10, 2009, 17-year-old Zikerria Bellamy applied online for a job at McDonald's. On July 28, after one of McDonald's managers learned that Zikerria is transgender, he left her this message about her job application.

YouTube- Zikerria Bellamy McDonald's Voicemail Message, July 28, 2009

http://www.youtube.com/watch?v=zCXOCsfl5Js


Interesting, it seems as if McDonald's is in the news from time to time on a trans-related story:

There was picketing back in 2008 when Mickey D wrote a 20,000 check in support of the Gay and Lesbian Chamber of Commerce (NGLCC) http://www.wnd.com/index.php?fa=PAGE.view&pageId=69996

Then there was "Fight Night at a Memphis McDonald's", with a group of transgendered individuals being involved in an altercation at a Memphis McDonald's http://www.npr.org/blogs/bryantpark/2007/12/fight_night_at_a_memphis_mcdon.html

[carmencream]

I saw this on youtube a few weeks ago,now that was plain out ridiculous,even if she lied or not that was a terrible thing for a manager to leave on her phone:mad: so unprofessional , I don't really blame Mcdonalds I blame the manager hopefully he was fired and they will step up and the young lady will be compensated for her embarrassment

[DirtySouth]

Yeah, that was stupid to say something like that on VM like you're Al Capone and you're gonna get away with it.

He should be shark bait in court, I dont think they can or should go after McDonalds. They can't control one manager's remarks, they can only fire him.

[nycguy]

True indeed! But! If she knowingly gave false statements on her application, They have cause not to hire her. And before the bleeding heart liberals start to ranting. The message also makes the assumption that she lied about her age as well.

On another related note. When can a transgendered female rightfully aknowledge themselves as females on legal documents? I'm assuming shorty was not legally empowered to do so.

[bigdicki]

True indeed! But! If she knowingly gave false statements on her application, They have cause not to hire her. And before the bleeding heart liberals start to ranting. The message also makes the assumption that she lied about her age as well.

On another related note. When can a transgendered female rightfully aknowledge themselves as females on legal documents? I'm assuming shorty was not legally empowered to do so.

I'm not liberal or conservative... just real. If it can be proven that this is a pattern of behaviour (meaning other folks got fired or not hired) across the McDonald's franchise (if this was a franchised location) or corporate, the respective entity will be settling out of court. There are plenty of cases you hear little or nothing about where firms settle out of court, and often admit no wrongdoing, in cases where there is discrimination.

[peggygee]

True indeed! But! If she knowingly gave false statements on her application, They have cause not to hire her. And before the bleeding heart liberals start to ranting. The message also makes the assumption that she lied about her age as well.

On another related note. When can a transgendered female rightfully aknowledge themselves as females on legal documents? I'm assuming shorty was not legally empowered to do so.

New York, New York — Transgender Legal Defense & Education Fund today filed a Complaint with the Florida Commission on Human Relations against an Orlando McDonald's restaurant for refusing to hire 17-year-old Zikerria Bellamy because she is transgender

Tell Mayor McCheese that we will see him in court.

http://worldclassshitty.files.wordpress.com/2009/07/mayormccheese.jpg


McDonald’s Corporation and its independent franchisees are Equal Opportunity Employers committed to a diverse and inclusive workforce.
http://www.mcdonalds.com/usa/work/careers.html


In Florida, while no law explicitly addresses discrimination based on gender identity, administrative agencies in Florida have ruled that transgender people are protected by the Florida Civil Rights Act’s prohibitions on sex and disability discrimination. The Competitive Workforce Bill, which would add gender identity and sexual orientation to the Florida Civil Rights Act, was introduced in the Florida legislature on November 20

[peggygee]

This just in:

In a bid to corner the billion dollar burger market, "The King" is
pictured here in an apparent drive-by on "The Clown". :eek:


http://i92.photobucket.com/albums/l2/magi43/McDonaldgetsowned.gif

There has been no word from "Wendy" who has apeared to have gone
into hiding while the burger wars play out.

We will keep you apprised of the story as it develops.

[DirtySouth]

True indeed! But! If she knowingly gave false statements on her application, They have cause not to hire her. And before the bleeding heart liberals start to ranting. The message also makes the assumption that she lied about her age as well.

On another related note. When can a transgendered female rightfully aknowledge themselves as females on legal documents? I'm assuming shorty was not legally empowered to do so.

Yeah, well she initiating it. She was in the wrong about lying about her sex and age.......BUT!

All ol' boy had to do was keep it professional and tell her she could not have the job because she lied on an application. By taking the further step and putting his personal views into it, he is now going to be unemployed and she is possibly going to get a settlement of some sort by blaming McDonalds or suing the manager in civil court.

[peggygee]

Yeah, well she initiating it. She was in the wrong about lying about her sex and age.......BUT!

All ol' boy had to do was keep it professional and tell her she could not have the job because she lied on an application. By taking the further step and putting his personal views into it, he is now going to be unemployed and she is possibly going to get a settlement of some sort by blaming McDonalds or suing the manager in civil court.

To deny her employment because she lied about her age or even a criminal
background if she had one, and was asked is one thing. And we all know that
there are teen-agers under 18 working at Mickey D's, at the most she would
have been required to produce parental consent, or working papers.

She may have been reluctant to do so because those papers might have had
her birth name and gender on them, which is why I strongly encourage women
to have their documents be congruent in name and gender with who they are
and present as.

However, to deny her employment because she allegedly lied about her
gender won't fly.

The woman in question identifies as female, and barring a physical
examination to the contrary, which we know McDonald's does not do, then
they were in the wrong for denying her employment based on gender
discrepancies.

In actuality I don't feel that McDonald's at a corporate level discriminated
against this woman, but it is one of our own, a transphobic Black person
that is responsible for this heinous and egregious act.

However, they will be one of the litigants in the case.

[TVSURFER]

In actuality I don't feel that McDonald's at a corporate level discriminated
against this woman, but it is one of our own, a transphobic Black person
that is responsible for this heinous and egregious act.
As far as you singling out the manager as a black trans-phobic person, you are just as bad as the manager with your statement about my race. Whether he was black, Middle Easterner, or whatever, you haven’t the right to inject race into this incident; the manager (caller) was wrong for doing what he did and the color of his skin had nothing to with this. That was your own personal sentiment. You're taking your advocacy beyond its bounds and being very duplicitous in what you're really trying to achieve.

The initial application is the first phase of gaining employment, anywhere! I know the application stated if the person was male or female; check the box or fill in the blank; whether the person is transgendered or not, there is still a factor to be considered on the application if it is duly stated; the person is a male or female, and if the application calls for gender, then the correct gender should be given. Most applications will state if the applicant has based all the answers in truth. To finalize the application, an employer will ask a young person for validation of age by a birth certificate, state identification or valid driver’s license. I had to bail a t-girl out of lockup and she asked me over the phone to ask for her by her male name, so that type of information on an employment application shouldn't be questionable. That is if the person really wants the job. Plus, the person should known that in the first place!
If the applicant is insecure about themselves, that’s their problem; they should not have given false information. They were still born either male or female.
NO employer has the right to physically inspect an applicant, i.e. asks the applicant to disrobe to check their gender, but they can ASK in confidence to supplement the initial application for genuineness and that is usually done in the interview. The applicant must respond that all questions on the application were answered in truth. Herein lays the basis of the person getting the job or not getting the job! The whole process shouldn’t be born of speculation, the application speaks for itself!
The manager of the McDonald’s is supposed to be an impartial intermediary for the parent company; all he is supposed to do is what he is trained to do: Interview probable employees. The information he was given was in strict confidence and under the laws confidentiality he was not supposed to use any of an applicant’s information for any other purpose. When the manager did so, McDonald’s can prove he did it on his own volition, because the initial application stands on its own. He made it personal when he called the number on the application and called the person an abject insult; which means if the person got the job, and he was the person’s supervisor or managing supervisor, there can or could be instances of ostracizing or blatant discrimination because of his personal view of gay and or transgendered people. He can lose his job under that suspect and he’ll have to prove that he is not that type of person if he chooses to sue for damages or to retain his employment with the company
McDonald’s as the corporate entity which oversees all of its operations cannot be liable because they hired the manager or they condoned his employment under their franchisee provisions of contract; in his interview as a [franchisee] manager it was made known that the brand does not discriminate, period and no doubt their corporate review entails if he, as a employee of the McDonald’s Corporation, has any prejudicial views towards anyone! McDonald’s can prove that it doesn’t discriminate based on their record alone; it is a worldwide brands the same as Coca Cola or Pepsi. They will throw all of their legal muscle at this, if it ever makes it to Federal Court and they will prove the manager did this on his own!
The manager will lose his job because he besmirched the corporate brand with his perverse, personal views of individuals and the applicant will not get the job, because they lied on the initial application
:cool:

[peggygee]

On another related note. When can a transgendered female rightfully aknowledge themselves as females on legal documents? I'm assuming shorty was not legally empowered to do so.




The initial application is the first phase of gaining employment, anywhere! I know the application stated if the person was male or female; check the box or fill in the blank; whether the person is transgendered or not, there is still a factor to be considered on the application if it is duly stated; the person is a male or female, and if the application calls for gender, then the correct gender should be given.

Most applications will state if the applicant has based all the answers in truth. To finalize the application, an employer will ask a young person for validation of age by a birth certificate, state identification or valid driver’s license.

I had to bail a t-girl out of lockup and she asked me over the phone to ask for her by her male name, so that type of information on an employment application shouldn't be questionable. That is if the person really wants the job. Plus, the person should known that in the first place!

If the applicant is insecure about themselves, that’s their problem; they should not have given false information.

They were still born either male or female.



As always you have raised alot of good points, and ones that I may get back
to.

But at at this juncture, I would like to ask you and other forum members a
few questions:

1. Do you feel that transgendered or transsexual individuals should put their
birth gender or rather the gender that they identify as, on applications such
as the ones under discussion?

2. At what point do you feel that a trans-person can legally and rightfully be
designated as the gender they identify as?

3. If they are not allowed to put the gender they identify as, do you see this
as a potential barrier to legal employment, and what are possible solutions
to this problem?

[TVSURFER]

1. Do you feel that transgendered or transsexual individuals should put theirbirth gender or rather the gender that they identify as, on applications suchas the ones under discussion?

Transgendered individuals who are under certified, medical therapy should use their birth names on documents which are deemed legal until they can prove they have a medical condition, be it physical or mental, to legally changed by a legal, considered court order. All documents, applications, etc. thereafter can be considered as legal. Using a name they arbitrarily picked can be construed as an alias.

2. At what point do you feel that a trans-person can legally and rightfully be
designated as the gender they identify as?

As long as they have their biological sex genitalia they will still be deemed male or female and or until they have SRS (sex reassignment surgery) by a certified medical practitioner, i.e. a surgeon that specializes in sex reassignment surgery. Until then, they will be no different from the club scene in the movie “Good Fellas”, where everybody had an alias, which is basically prevalent today with all the t-girls.

3. If they are not allowed to put the gender they identify as, do you see this
as a potential barrier to legal employment, and what are possible solutions
to this problem?
All they have to do is abide by the language of the legal document. In other words, be truthful! If their birth name is James Jones, then that name should appear on the document. Jimmie or Jamie can be scrutinized by the employer if it is not on requested legal documents, such as birth certificates, state identification or jurisdictional driver’s licenses; everyone must be able identify themselves, legally.
Possible solutions, especially for transgendered persons; they should be who they are, be it male or female. They cannot help how they were born and they shouldn’t be ashamed of meeting the public head on, especially and specifically when their total life is to be considered. But until they can do something about their gender assignment, i.e. taking the steps to legally change their names and or seeking medical help to assure the future they desperately want.
Transgender issues are civil rights concerns; everyone has the right to a life, to have the liberty to a life and to be able to pursue what makes them truly happy under the constraints of our existing laws.
:cool:

[bibba]

wow imagine that being dicked down by the fryalator

[anonymoussonny]

TV KILLED THIS WITH REPLY. As a former legal official, I have to agree with the response...

[TurboMan]

tv Killed This With Reply. As A Former Legal Official, I Have To Agree With The Response...

Always Do My Brotha....alway's Do.

[MrF]

Except for saying "We don't hire Faggots", which will get him in trouble, I think the manager was right. You cannot lie on an application. It means you are untrustworthy. If manager had just said she lied on her application, he'd be within his rights.

Now it's a DIFFERENT issue whether there was discrimination against Transgenders (or Gays). There is here, as proven by the "We don't hire Faggots" phrase. I'm not sure if McD's will lose $$$, however. On the one hand, one can argue they are not responsible for one manager saying wrong things. On the other hand, they are responsible for training their employers to respect the rights of GLBT, in my opinion, so one can argue they failed in that way. It will depend on the whims of the jury.

BTW, why do applicants at McD need to declare gender anyway ? I don't see what useful info that conveys on an application. The only thing I can figure is maybe they need an estimate of how physically strong you are, or which bathroom you should go to ... ?

[MrF]

1. Do you feel that transgendered or transsexual individuals should put their
birth gender or rather the gender that they identify as, on applications such
as the ones under discussion?

2. At what point do you feel that a trans-person can legally and rightfully be
designated as the gender they identify as?

3. If they are not allowed to put the gender they identify as, do you see this
as a potential barrier to legal employment, and what are possible solutions
to this problem?

Some good questions.

I suppose the main problem is that TG want to act and dress as women in public -- they want to blend in, and if they can declare they are female on the application or on their licenses, there is less trouble.

You cannot demand that they get an SRS just to able to change their gender identity. The SRS is a big and very personal decision, and not everyone wants to go that far. Nevertheless, in their hearts and minds they may be women.

It's a very interesting problem, and I'm actually not sure what the solution is. Last time I checked, there was consensus in the mental health community that transgenderism was essentially a disorder. I don't agree with that, but that's what you're up against here.

.

[peggygee]

1. Do you feel that transgendered or transsexual individuals should put theirbirth gender or rather the gender that they identify as, on applications suchas the ones under discussion?

Transgendered individuals who are under certified, medical therapy should use their birth names on documents which are deemed legal until they can prove they have a medical condition, be it physical or mental, to legally changed by a legal, considered court order. All documents, applications, etc. thereafter can be considered as legal. Using a name they arbitrarily picked can be construed as an alias.

2. At what point do you feel that a trans-person can legally and rightfully be
designated as the gender they identify as?

As long as they have their biological sex genitalia they will still be deemed male or female and or until they have SRS (sex reassignment surgery) by a certified medical practitioner, i.e. a surgeon that specializes in sex reassignment surgery. Until then, they will be no different from the club scene in the movie “Good Fellas”, where everybody had an alias, which is basically prevalent today with all the t-girls.

3. If they are not allowed to put the gender they identify as, do you see this
as a potential barrier to legal employment, and what are possible solutions
to this problem?
All they have to do is abide by the language of the legal document. In other words, be truthful! If their birth name is James Jones, then that name should appear on the document. Jimmie or Jamie can be scrutinized by the employer if it is not on requested legal documents, such as birth certificates, state identification or jurisdictional driver’s licenses; everyone must be able identify themselves, legally.
Possible solutions, especially for transgendered persons; they should be who they are, be it male or female. They cannot help how they were born and they shouldn’t be ashamed of meeting the public head on, especially and specifically when their total life is to be considered. But until they can do something about their gender assignment, i.e. taking the steps to legally change their names and or seeking medical help to assure the future they desperately want.
Transgender issues are civil rights concerns; everyone has the right to a life, to have the liberty to a life and to be able to pursue what makes them truly happy under the constraints of our existing laws.
:cool:

Response is forthcoming.

[peggygee]

BTW, why do applicants at McD need to declare gender anyway ? I don't see what useful info that conveys on an application. The only thing I can figure is maybe they need an estimate of how physically strong you are, or which bathroom you should go to ... ?

A box next to "gender" on the McDonald's job application was listed as "optional" information, information Bellamy opted not to disclose. According to the application, "failure to respond will not subject you to adverse treatment."

Potential employees are assured of an ostensible gender "non-discrimination" policy stated on applications for positions at McDonald's.

[peggygee]

And just so everyone knows:

The manager of an Orlando, Florida McDonald's who refused to interview a transgender woman and left a voicemail message stating: "We don't hire faggots," has been fired.

In a statement, the company says:


"Sand Lake Road McDonald’s has a strict policy prohibiting any form of discrimination or harassment in hiring, termination, or any other aspect of employment in the organization. The restaurant requires all employees to comply with local, state and federal employment laws. The behavior of the individual in question is not reflective of the employment policies in the organization. Further, this individual acted outside the scope of his authority and was not responsible for hiring. The individual in question is no longer employed by the restaurant."

[TurboMan]

and Just So Everyone Knows:

the Manager Of An Orlando, Florida Mcdonald's Who Refused To Interview A Transgender Woman And Left A Voicemail Message Stating: "we Don't Hire Faggots," has Been Fired.

In A Statement, The Company Says:

Good Riddance!!!!!

[bigdicki]

This is just speculation but the manager's tone on the voicemail suggests that it may be true. I think there may have been the suggestion of future sex or sexual contact that had already occurred BEFORE he knew she was transexual to have had this dude become so passionate in his response. Obviously, there is no way to know but I'm curious if anyone else thought the same thing.

[zipster64]

This is just speculation but the manager's tone on the voicemail suggests that it may be true. I think there may have been the suggestion of future sex or sexual contact that had already occurred BEFORE he knew she was transexual to have had this dude become so passionate in his response. Obviously, there is no way to know but I'm curious if anyone else thought the same thing.

I'm glad you brought this up because I felt there was more to the story that that voice mail message revealed. It just sounds as if the manger was a little more po'd at the knowledge than the basic situation would warrant. I've interviewed a transgendered person or two in my employment history and I never was moved to leave a message like that...just that standard the position had been filled with a more qualified applicant...your resume will be kept on file for a year...blah, blah (and it was true - so no reason for nastiness).