When Mae attended her pre-employment orientation, she was informed that she could dress female as long as she followed the company’s dress code. So that’s exactly what she did. From Monday to Thursday last week, she dressed in business casual. On Friday, she wore a blouse over black pants and sneakers. Needing to use the bathroom upon arrival at work Friday afternoon, she rushed to the women’s bathroom as was her wont.
Five minutes later while powdering her face in front of the bathroom mirror, Mae heard the voice of a security guard ordering her to get out. The guard stood by the bathroom door barking reasons at Mae why she did not belong to the women’s bathroom. Shocked, Mae tried to explain to the guard that she was female. The guard was belligerent, however, and threatened her if she did not step out.
Humiliated and scandalized by the growing number of onlookers, Mae thought she had no choice. She left the bathroom in tears. Later, Mae’s trainer told her that the company had an unspoken rule that bakla employees were not allowed to use the women’s bathroom. Mae said that she understood that if by bakla the trainer meant men who identified as male and presented as such and were attracted to other males. Mae tried to explain that she did not identify as one and that her gender identity was female as evinced by how she presented in public. Moreover, Mae pointed out the company’s core values which included belief in diversity. Mae thought this explained the company’s allowance for employees to wear the clothing of the gender they identify as. If the company lets her dress as female because that’s how she sees herself and is seen by others, then why can’t she use the corresponding bathroom?