The Transgender Law Center announced yesterday that Amber Yust has settled her privacy and civil rights lawsuit filed against the California DMV and the employee who precipitated it.
In
October 2010, Thomas DeMartini, a San Francisco area DMV employee who had a known history of denying equal
service to transgender customers, retained Yust's personal information
through his employment at the DMV. He then used the
information to send her materials condemning her transgender status, and
calling for homosexuals to be "put to death."
DeMartini was suspended for his action, and Yust through her attorneys Chris Dolan and the Transgender Law Center, filed
a lawsuit in December 2010 against the DMV, alleging violating of her
rights under the California Information Practices Act and Unruh Civil
Rights Act. Yust brought similar claims against the DMV
employee, who voluntarily resigned from his position with the DMV
shortly after the incident.
The matter was resolved with the State of California for $40,000, and with the former DMV employee for $15,000. According to the Transgender Law Center press release, as part of the settlement, the DMV agreed to work with the Transgender
Law Center in an effort to incorporate transgender sensitivity into its
ongoing employee training.
Chris Dolan
said, "this suit affirms the right of all people to equal access to
government services, regardless of their orientation or decision to make
a transition to live life as their full and complete self. In
the big picture, this suit promotes the privacy rights of all
Californians by ensuring that confidential information retained by our
government stays confidential."
Kristina
Wertz, legal director of the Transgender Law Center said "All
Californians have the right to do something as simple as going to the
DMV without fear of harassment and threats of violence. What happened to
Amber reminds us that for transgender people, our state's promise of
equal treatment is often unfulfilled. The case serves as a reminder to
all businesses that nobody should be treated differently simply because
of who they are."
Amen, and thanks for the wonderful work.