The U.S. Equal Employment Opportunity Commission has determined that there is sufficient evidence that the state Department of Public Safety violated a transgender woman’s civil rights after she was allegedly denied access to the women’s restroom in a building where she worked for nine years.
Kelli Keawe, 50, an office assistant with the Hawaii Paroling Authority, was allegedly denied access to the women’s restroom since she started working at the office at 919 Ala Moana Blvd. Keawe, who has been employed with the paroling authority since February 2005, said she was instructed to use a single, unmarked restroom in the building. According to the EEOC’s May 16 determination letter, Keawe was "assigned the use of a ‘gender-neutral’ restroom based on her sex (female)."
The EEOC concluded there was sufficient evidence to establish Keawe’s civil rights were violated, according to the determination letter obtained by the Honolulu Star-Advertiser from a source outside the commission.
Keawe said she is satisfied with the commission’s determination. "All I wanted was to be treated with respect."
Keawe remains employed with the paroling authority. She and the Public Safety Department are attempting to reach an agreement concerning her case. If a resolution isn’t reached, the commission could sue on behalf of Keawe. Charges involving the state and federal governments are handled by the U.S. Department of Justice.
Keawe said she wants the Public Safety Department to enforce the policy against discrimination so it doesn’t occur in the future.
Timothy Riera, director of the EEOC’s Honolulu office, said he could not confirm or deny whether the commission is handling the case.
Toni Schwartz, spokeswoman of the Department of Public Safety, said officials have been advised not to comment due to the pending legal matter. Anne Lopez, special assistant to the attorney general, also would not comment, only providing a status update that the matter is in conciliation.
Keawe also filed a discrimination lawsuit in Circuit Court in 2010 against the Public Safety Department. Both parties are scheduled to appear before a judge Aug. 20 to address the state’s filing of a motion to enforce a settlement agreement.
Keawe said she received a letter dated May 5 from Public Safety Director Ted Sakai that they reviewed her concerns and informed her that she "may utilize the restroom consistent with your gender identity." Keawe said the state’s response on the matter is too late. "The damage is done," she said in an interview with the Star-Advertiser. "I have endured a lot of suffering."
Keawe claimed department personnel allegedly instructed her to use the designated restroom because she is a transgender woman. Keawe said she raised the issue with the civil rights compliance office. She claimed the compliance office shared the same sentiment as department personnel.
"I was humiliated and embarrassed and degraded," Keawe said.
For years, she said, she endured humiliation of only being allowed to use the single, unmarked bathroom in the building. She noted she never had a problem with using the women’s restroom when she previously worked at the departments of Taxation and Labor.
Keawe said employers in all government levels as well as the private sector need to know discrimination against transgender individuals will not be tolerated. "We do have civil rights, and we do have protection under law," she said.
