El’ Jai Devoureau v. Camden Treatment Associates, LLC (USA)

El’ Jai Devoureau, a transgender man in Southern New Jersey who alleged he was barred from working in a male- only job in a Camden New Jersey drug treatment facility, settled his lawsuit against Camden Treatment Associates, LLC. He claims the drug treatment center hired him as a urine monitor for men. His job responsibilities included monitoring male outpatients as they provided urine samples for drug testing.

Devoureau says that on his first full day of work, Camden Treatment fired him on the spot after being told that he had transitioned from female to male. Camden Treatment specifically denied that Mr. Devoureau was ever employed by Camden Treatment and also denied the allegations of improper discrimination in the settlement. Devoureau sued under N.J. Stat. Ann. § 10:5-12(a) under the contradictory theories of sex discrimination and gender identity discrimination.

Although the full terms of the settlement are confidential, Camden Treatment notes that it “fully acknowledges that Mr. Devoureau is male” and that it has aligned its internal compliance policy to include transgender individuals as a protected class. This is in accordance with New Jersey’s employment nondiscrimination law, which has included protections for gender identity and expression since 2007.

This settlement, although not at all binding on any other party, bodes poorly for Women, as it is an example of the disregard for the privacy rights of others in the pursuit of employment rights for transgender individuals. In other words, there are many Men who would not, in fact, want to be observed by a biological female while urinating. More importantly, there are probably more Women who do not wish to be observed by a biological male while urinating.

New Jersey, like many states, provides that it is not unlawful discrimination on the basis of sex for an employer to refuse “to accept for employment any person on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business or enterprise.” Query whether having a person of the same sex as a target population act as a monitor in this manner is a “bona fide occupational qualification.” Query also whether one’s “gender identity” would override the ability of an employer to discriminated based on sex where such discrimination is necessary due to a “bona fide occupational qualification.”  In In re Juvenile Detention Officer Union County, 364 N.J. Super. 608, 837 A.2d 1101 (App.Div. 2003), the court found that the New Jersey Merit System Board properly granted a county’s request for eight bona fide occupational qualifications designations for male-only juvenile detention officer positions because the county had sufficiently demonstrated a BFOQ defense to state and federal proscriptions against sex discrimination.  Specifically, the need to maintain the juveniles’ privacy rights outweighed the equal employment opportunity rights of union members, and, as the conflict between the competing interests could not be avoided by other means, the BFOQ designations were properly allowed under the limited exceptions against sex-based discrimination under N.J. Stat. Ann. § 10:5-12(a) and 42 U.S.C.S. § 2000e-2(e).

Camden Treatment Associates, LLC Complaint.

Article on the Settlement.

El’Jai Devoureau, Transgender Man, Sues Drug-Center Over Firing.

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2 thoughts on “El’ Jai Devoureau v. Camden Treatment Associates, LLC (USA)

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  2. “Plaintiff EI’Jai Jordan Devoureau is male. This case challenges – as unlawful discrimination – Defendants’ decision to fire him from a job open only to males when Defendants learned that he is transsexual and had been assigned female at birth.”

    I’m assuming EI’Jai Jordan Devoureau is a biological female. Please note that “assigned female at birth” really isn’t a medical term. It’s a phrase transgender activists rather use. Humans aren’t assigned a sex. Females and males are born. There are also rare disorders of sexual development which are not the same thing as transgender. The doctor who delivered this person noticed the lack of male genitalia. That is, no penis or testicles. The delivering physician said this person is female. By now, I imagine people are going to bring up intersex. Some might say that this is an intersex individual. If this person had an actual DSD medical condition, it probably would have been listed in the Complaint. Disorders of sexual development (intersex) are NOT the same thing as transgender. The vast majority of transgender identified people are either biological male or biological female with no medical DSD condition. Every major disorders of sexual development organization makes a distinction between DSD and transgender. DSD are actual medical and genetic conditions, whereas transgender is primarily a psychological diagnosis, and thus at least partly culturally based. DSD and biological sex are realities whereas transgender is basically culturally defined.

    “For transsexual persons such as Mr. Devoureau, the sex assigned to them at birth
    is not an accurate reflection of their sex. Transsexual persons seek to live in accordance with the
    sex that takes proper account of the sex of their brain – an immutable, intrinsic sense of being
    physically male or female – rather than the sex ascribed to them at birth.”

    None of this is based on sound science, especially the phrase, “Transsexual persons seek to live in accordance with the sex that takes proper account of the sex of their brain”. The word “immutable” is rather amusing because there are numerous examples of people changing their gender identity and reverting back to the sex they were born into.

    I’m curious as to what this job really entailed. What does a “urine monitor” do? The job involves working with male clients at a drug treatment facility. I guess the goal or objective is to make sure no one cheats on their urine sample. This is a drug treatment facility, and I’m sure a lot of former drug addicts have tried just about everything to get a clean urine sample. This would include switching samples. So, does the “urine monitor” have to watch males take out their penis and pee in a cup? How else would they monitor their urine?

    What happens if a male doesn’t want to take his penis out of his pants and pee in a cup while a female is watching. Males have a right to privacy, and some men would feel embarrassed. Nurses ask for urine samples, but they usually tell the patient to go into a restroom and leave the sample. I’ve never had a nurse follow me into the restroom and actually watch me urinate in the cup. I imagine at a drug treatment facility it would be different. Apparently, the “urine monitor” has to actually watch the patient pee in the cup.

    “New Jersey, like many states, provides that it is not unlawful discrimination on the basis of sex for an employer to refuse “to accept for employment any person on the basis of sex in those certain circumstances where sex is a bona fide occupational qualification, reasonably necessary to the normal operation of the particular business or enterprise.”

    “Urine monitoring” at a drug treatment facility (watching someone whip the penis out and urinate in a cup to make sure they aren’t cheating on a drug test) sure seems like a circumstance where sex is a bona fide occupational qualification.

    “More importantly, there are probably more Women who do not wish to be observed by a biological male while urinating.”

    If females can work as “urine monitor” for males at drug treatment facilities, what would prevent males from watching females urinate in a cup? So, a pre-op, MTF (a biological male) would sit and watch a female pull her panties down and urinate in a cup.

    The insanity never stops…disturbing…

    Like

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