Idaho Human Rights Commission says library employee faced discrimination for being nonbinary

The Idaho Human Rights Commission has determined that a Boise library employee, who identifies as nonbinary, was harassed and discriminated against on the job because of their gender identity.

The Associated Press reported Thursday that the independent state agency concluded that 29-year-old Jax Perez, who uses gender-neutral pronouns, was disciplined over an episode with a hostile patron in-part because they are nonbinary.

The commission’s finding gives a green light to Perez to file a discrimination lawsuit if they want to, according to the AP.

Perez, according to the commission’s decision cited by the AP, was reprimanded in June 2019 following two incidents relating to Pride Month events.

In one episode, Perez organized an event at the library which featured a drag queen to discuss Pride Month and makeup, according to the AP. The event was promoted on a neighborhood Facebook page.

A number of people made critical comments about the event, prompting Perez to call the dissenters transphobic. 

Complaints were filed with the library regarding the interaction, which led then-library director Kevin Booe to send Perez’s direct supervisor a letter requesting disciplinary action, according to the wire service.

The second incident occurred on June 19, 2019, when Perez coordinated a Gay Pride display at the library, which featured the distribution of rainbow pins, according to the AP. A library visitor took issue with the fact that the pins were made available to children. The visitor said it was akin to giving marijuana-themed pins to children.

Perez responded to the criticism, saying “As a member of the LGBTQ community myself, I am sorry you feel that way,” the AP noted.

The visitor subsequently reached out to library staff, claiming he felt ridiculed for his opinions and demanded an apology. The next day, he visited the library and, according to Perez, stared at them in a “sinister way” for 10 to 15 minutes.

Perez then sent Booe a summary of what had occurred.

As a result, Booe reached out to library supervisors via email asking them to create an “exit strategy” to remove Perez from their post at the library.

In the message, Booe referred to Perez using incorrect pronouns.

The city, on June 20, sent a “notice of intent to discipline” to Perez, arguing that the interaction between them and the visitor at the library amounted to insubordination, exhibiting antagonistic or retaliatory behavior toward city customers and/or failure to satisfactorily perform job duties, the AP reported.

A human relations compliance officer for the city, Sarah Martin, however, told Booe that Perez’s termination was not justified, according to the wire service. As a result, the city sent Perez a written warning stating that their exchange with the library visitor was not appropriate. 

Following the note from the city, Perez went to human relations and filed a complaint against Booe, arguing that they were harassed by the visitors and subsequently discriminated against by the library. The city, however, claimed that Perez’s recognition as a member of the LGBTQ community was “a belief or a conviction.”

The commission, however, contended that Perez is a member of a protected class, and that Booe’s communications illustrated a lack of understanding when it comes to gender issues, Perez’s gender identity and the city’s policy commitments, according to AP. 

The commission ultimately said Booe being library director impacted Perez’s discipline.

Perez told the Idaho Statesman that they were “very emotional” after they heard the decision, and broke down in tears.

“Quite frankly, I broke down crying. For the state commission to find that what had happened to me was probable cause for discrimination, this emotional pool just broke through,” Perez told the newspaper

“My rights as a human, my rights as a trans individual, my rights as a queer individual are real,” they added.