Tuesday, June 7, 2016

Gracie Sues Bears

That beautiful, bold, hunk-a-hunk of burning dong, Gracie, has filed a federal lawsuit against her employers at Bear Valley Community Hospital, alleging harassment and discrimination against her due to her being transgender. And that's all I have to say about that, lest I join the Big Bear Daddies in getting my ass taken to court for inappropriate blogging.

You can read all about the story here.

16 comments:

Anonymous said...

Gracie has a good case from reading the article and may win the law suit. The only downfall Gracie will probably never be able to work in the medical field again once this gets out more.

Anonymous said...

The news article was vague on legal points regarding transgender, so here' some background:

Under title seven of the Civil Rights Act of 1964, the U.S Equal Employment Opportunity Commission has extended gender discrimination to include sexual/gender identity discrimination.

“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance” stated Title IX of the Civil Rights Act. "EEOC interprets and enforces Title VII's prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation. These protections apply regardless of any contrary state or local laws," as posted on the U.S Equal Employment Opportunity Commission website.

Also, the Obama admin and Dept. of Justice now interprets gender discrimination as gender identity discrimination in Title Nine of the Civil Rights Act.

"[W]hen a plaintiff complains of discrimination with regard to conditions of employment in an institution of higher learning, the method of evaluating Title IX gender discrimination claims is the same as those in a Title VII case," DOJ website stated this new awareness

Of course, Obama signed executive order 11246 protecting LGBT in the workplace.

"Executive Order 11246 protects workers employed by or seeking jobs with federal contractors and subcontractors from discrimination on the basis of race, color, religion, sex or national origin. Through this action, President Obama amended EO 11246 to add protections for sexual orientation and gender identity," said the US Dept. Of Labor website.

Alternately, if Big Valley Community hospital employees feel it demeans their dignity or puts a substantial burden on their free exercise of religion to work with or serve transgender employees, one defense the hospital can invoke is section 200bb-1 (c) of the RFRA.

"A person whose religious exercise has been burdened in violation of this section may assert that violation as a claim or defense in a judicial proceeding and obtain appropriate relief against a government," as outlined in the Religious Freedom Restoration Act.

-Joker Unda Stairs:)

Anonymous said...

"They accused her of being a sexual predator of male patients." Sounds about right.

Open and shut case, Johnson!

Anonymous said...

Grace's transgender justice fund https://www.gofundme.com/gracemcallister

Anonymous said...

She picked the right time to bring this suit with all the bathroom stuff going on down South. The hospital will likely settle.

Anonymous said...

They accused Scott77 of being a sexual predator of female patients, too. Small world.

Anonymous said...

Gotta suck to be mentally ill.

Anonymous said...

gracie--> http://i.imgur.com/aj05clB.gif

Anonymous said...

gracie http://i.imgur.com/eKGR8FY.gif

Anonymous said...

Wonder if the defendants will bring forth some of the Battlecam footage of her hitting on guys, having skykush over for the night, etc. Not to mention all the boob showing and bubble baths. Just speaks to her poor judgment. There are always two sides to every story. It will be interesting to see how the Hospital and their attorney's respond.

Anonymous said...

More about Gracies' case:

If I had to make a guess, it sounds like Gracies' lawyer is filing a federal lawsuit under U.S code sec. 1983: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected,...," This section deals with state actors (Big Bear Community Hospital) who violate an individual's civil rights and liberties, but I'm not sure that's the lawyer's strategy or just deeper pockets thing, so I will check WestLaw for recent court filings.

If this case is federal lawsuit involving civil rights violations, it may involve torts or contracts that can run concurrently. As contracts and torts are state jurisdiction, I would have to see court documents to be sure.

However, It sounds like due process and procedure weren't followed given depositions: "When the hospital, at McAllister’s request, finally agreed to hold a sensitivity training class in August 2013, the word 'transgender' was only mentioned once, and it was mentioned in the context of it being a sexual orientation and not a birth disorder, according to the lawsuit." Words are very important and can be grounds for a new trial down the road.

Further, article statements indicate there was a conflict of interest: "One one occasion, McAllister was taking a patient’s vital signs when Dr. Chris Fagan, the hospital’s ER director who also serves as secretary on the hospital’s board of directors, asked her to perform a particular treatment, followed by, 'Do you hear me, sir?' the lawsuit alleges." The lawyer should object to this statement so it's on record for appeals.

Later, I'll have to check WestLaw.

-Joker Unda Stairs:)

grace mcallister said...

Just to let everyone know I am not on trial. What I do or didn't do has no bearing on the case. This is from my work. I haven't done anything illegal. Since when does having a friend come and stay with me make me a bad employee? Most people do have friends. Maybe a little less judgement and a little more trust in me might just help. All of you know me very well. I let you into my home and shared a very private part of my life to give people the ability to see me clearly. I was open and kind. I never lied or misled anyone. So please. If you come here to bash me. Remember.. This is me you are talking about. The girl that stood before you and offered truth to you, to help shed light on something very difficult and asked to not be hated for it. I really need your support. I really need you my friends to stand behind me and keep me safe. This is very hard for me and I have been so afraid for long. I need all of you now to help me. Please........
Love,
Grace

BuhhRENT said...

Bahahahahahaha #Trump2016

Anonymous said...

The docket and filings state Grace McAllister's case was filed in the Ninth Circuit, California Central District Court on June 3, 2016. The case is between Grace McAllister v. Bear Valley Community Health Care District et al. The defendant is Big Valley Community Health Care District and Does. The plaintiff is Grace McAllister. The case numer is 5:2016cv01160. Referring Judge is David T.Bristow. Presiding Judge is R.Gary Klausner. The nature of the suit is Civil Rights regarding jobs. So far, this is the public information.

-Joker Unda Stairs:)

The Public of Facebook said...

i noticed every time there is a big story here billybobcesspool tries to introduce it to scuttlebutt so he can post about it, unfortunately scuttlebutt just ends up rehashing old blog stories, i think the guys run out of steam

Anonymous said...

Grace squandered the trust fund on the operation , why you think he waited this long to even build a case . This fucker won't ever get a job he's a spoiled white rich kid .