A D.C. Superior Court judge found evidence that District of Columbia firefighters retaliated against a woman hired to teach a transgendered-sensitivity course.
Judge Geoffrey Alprin reversed the D.C. Office of Human Rights’ decision and ruled in favor of Kenda Kirby, who accused D.C. Fire and Emergency Medical Services officials of belittling her because of her sexual orientation and androgynous appearance.
The four-year-old case now goes back to the Human Rights office for a conciliatory hearing.
In a strongly worded ruling, Alprin found probable cause that EMS management also sought to punish Kirby after she complained about harassing comments that were placed into her mailbox.
“The record reflects that this constant stream of hostility manifested itself in a number of ways . . .,” Alprin wrote. “The sum total of this evidence supports findings of a history and culture of homophobia and sexism in the D.C. FEMS.”
Kirby had been hired in 2000 to implement a diversity-training course, which was created as part of the 2000 wrongful-death settlement in the 1995 death of Tyra Hunter, a transgendered woman.
The District agreed to pay $1.75 million to settle a lawsuit with the family after a jury found that D.C. Fire Department paramedics momentarily halted treatment and ridiculed Hunter after they discovered that Hunter had male genitalia while being tended to after a car crash.
Hunter died that night at D.C. General Hospital.
Kirby left the fire department to become a consultant, her attorney Mindy Daniels said.
“It’s been a long road to be vindicated,” Daniels said, “but we hope the District gets the message that if you condone this type of behavior, you’re going to get bit in the butt no matter high up the ladder you are.”
