Probe: No Discrimination Against Transgender Officer

March 27, 2014
An investigation has determined that there is no evidence to support a claim by Officer Francesca Quaranta that she was discriminated against after she revealed that she was transgender.

MIDDLETOWN, Conn. -- A city investigation has determined that there is no evidence to support a claim by Officer Francesca Quaranta that she was discriminated against by the police department after she revealed that she was transgender.

The report by city Human Relations Director Faith Jackson concludes that there was no violation of any city policies by the chief or any member of the department. Jackson said in her report that since she did not find any rules violations, Quaranta's initial complaint must be considered retaliation against members of the department.

"Asking an employee to comply with rules, regulations, policies, procedures and tactical requirements of the job is not harassment or the creation of a hostile work environment," Jackson wrote.

Mayor Daniel Drew declined to act on a recommendation in Jackson's report that Quaranta receive a five-day suspension. He said while there is no evidence that Quaranta was harassed in the workplace, there is also no evidence that the complaint was made to seek retribution on fellow officers.

Jackson's report is more than 300 pages, and includes interviews with 17 male and female officers and supervisors.

With the investigation complete, Drew said he expects Quaranta to return to work as soon as she completes a "fitness for duty" evaluation. City officials declined to elaborate on the steps of the evaluation.

Much of the complaint Quaranta filed with the Commission on Human Rights and Opportunities last year involves being written up for hair and dress code violations, which she said contributed to the creation of a hostile work environment. She said in the complaint that once she revealed she was transgender, supervisors also began questioning her response times on routine calls.

Quaranta denies Jackson's conclusion that the complaint was retaliatory.

"This was never an attempt to lash out at them," Quaranta said. "It's a chance to get more information out on my side. In the end I'm hoping for a liveable situation where everybody can move on with their lives. I'm sure they're tired of it, and I'm tired of it."

She said despite the city's investigation she still believes the department's dress code policy was unevenly enforced. Other officers wore earrings in uniform in the past, she said, and wore their hair past their collars, but she was disciplined for doing so.

City officials, however, have said all officers are held to the same uniform code standards. Department uniform policy requires hair to be tied back and not touching the collar, and hair must be pinned behind the ears so it won't block peripheral vision.

Quaranta -- who must wear a wig because her hair was damaged by extensions -- said she made an agreement with the chief that she would wear a wig cut in a "bob" style. But Quaranta said supervisors asked her to cut the wig shorter and shorter, until the wig cap would be visible. She was unable to use clips to pin the hair back because the clips wouldn't stay secured in the wig, she said.

"I looked hideous. I looked like an idiot," Quaranta said.

The department held training sessions for supervisors and staff meetings to make sure the department was sensitive to her gender identity and would not treat her any differently than any other officer, Drew said.

"We all went out of our way to make sure Officer Quaranta had a welcoming environment in which to work," Drew said. "We have an obligation here to make sure she has a safe work environment, but Officer Quaranta has responsibilities in the department as well and we expect her to adhere to the rules and regulations."

Quaranta's return to work will be somewhat complicated because of a Christmas Eve arrest for driving under the influence after leaving a friend's party in East Haddam. She said she has been accepted into a program that allows first-time offenders to avoid conviction if they successfully complete classes and pay fines.

Drew said if Quaranta returns to work before her case is resolved in court she would be on administrative duty. How the case is resolved would determine whether the city takes disciplinary action.

Quaranta said she is willing to try returning to work if there are clearer dress code expectations. She said a reasonable solution could be a clear agreement on what constitutes her daily uniform, or even a different job within the city.

"We need to take measures to spell out exactly what is going to be expected and get preapproval of how she is going to be dressing for work," said police union president Officer Anthony Gennaro.

"I don't believe her claims were made in bad faith," he said. "This is a very complicated matter and we're going to continue to support her the best we can through the union."

Quaranta has been out on paid administrative leave since August, when she requested a leave of absence from the department. She was hired in Middletown in 2004 after working for the Rocky Hill Police Department for eight years.

Copyright 2014 - The Hartford Courant

McClatchy-Tribune News Service

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