Boise library worker alleged sex discrimination. Here’s how a state watchdog ruled
An independent Idaho agency that protects workers from illegal discrimination concluded that a former Boise Public Library employee was sexually harassed and discriminated against on the job.
The Idaho Human Rights Commission found probable cause that sexual harassment took place in regard to Jax Perez, a library assistant at the Hillcrest branch. The commission found improper conduct took place at the highest levels of the library system, including then-Library Director Kevin Booe.
The commission concluded that Perez, 29, a nonbinary person who does not identify as a man or woman, was disciplined over an incident with a hostile patron, at least in part because of their transgender identity. The decision will lead to a conciliation process between the commission, the city, Perez and attorney Ritchie Eppink, legal director for the Americian Civil Liberties Union of Idaho, which is representing Perez.
“I was very emotional when (Eppink) called to tell me their decision,” Perez said during a phone interview. “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.
“My rights as a human, my rights as a trans individual, my rights as a queer individual are real,” Perez said.
The city has not commented, saying it is reviewing the ruling. Mayor Lauren McLean, in response to a question from an Idaho Statesman reporter at her biweekly press conference, noted the incidents took place before she entered office in January 2020.
“We are committed to ensuring that we’re an equitable and welcoming place for all employees,” McLean said. “We’re reviewing that ruling and when we receive recommendations, we’ll look at how we can learn from the recommendations and what we can do so these things don’t happen again.”
A group of employees is working on policies and hiring practices to ensure the city has a diverse workforce that is reflective of the community, McLean said.
Benjamin Earwicker, the Idaho Human Rights Commission’s administrator, would not talk specifically about Perez’s case, citing privacy concerns. But in a conciliation where the commission has found probable cause that a violation has occurred, it will advocate for its own interests and that of the wronged party, he said.
“The interests of the commission include the elimination of discriminatory practices and a commitment by the respondent — either through training, policy changes and-or external monitoring — to non-discriminatory practices going forward,” he wrote in an email.
The commission was established by the Idaho Legislature. It handles complaints filed with its office and complaints under federal law deferred to it by the U.S. Equal Employment Opportunity Commission.
Then-Library Director Kevin Booe accused of discrimination
In October 2019, Perez, who had worked full time at the library in the Hillcrest Shopping Center since 2017, filed a complaint with the city. It alleged Booe’s actions constituted institutional homophobia and were discriminatory, and that it was discriminatory to give a written warning for Perez telling a patron they were queer.
The city upheld the discipline, and in March 2000 Perez filed a complaint with the federal Equal Employment Opportunity Commission and the Idaho Human Rights Commission.
Booe, contacted by phone, declined to comment.
“It’s a personnel matter and I’m not going to go into personnel matters,” Booe said.
Perez, who quit and no longer works for the library, was disciplined in June 2019 for two incidents involving Gay Pride, according to a copy of the commission’s 19-page decision issued April 30.
The commission declined to provide a copy of the document, saying it was not subject to disclosure under Idaho’s Public Records Law. Eppink gave the Statesman a copy.
On June 5, 2019, Perez organized an event at the library where a drag queen talked about the annual Pride Month and makeup. Perez promoted the event through a posting on the Boise Bench Dwellers Facebook group, where several people criticized the event. During a back-and-forth conversation, Perez called one of the dissenters a “transphobe.”
Six days later, the library received three complaints from patrons contending that Perez’s Facebook comments were inappropriate.
Booe sent an email to Elizabeth Westenburg, then Perez’s supervisor, demanding disciplinary action.
“I expect strong disciplinary action which we need to discuss face to face,” Booe wrote. “I do not want to see this happen again, and frankly, I don’t see a future for (Perez) at BPL.”
Westenburg spoke with Perez and they were later sent a memo summarizing the conversation. Perez was told the commentary on the event page was inappropriate because people were able to connect them to the library.
The second incident arose June 19, 2019, after Perez organized a Gay Pride display at the library that included rainbow pins that were given away. A library visitor objected to the pins being made available to his children. He equated giving out the pins to handing out marijuana pins to children and described Gay Pride and marijuana as “vices.”
Perez replied, “As a member of the LGBTQ community myself, I am sorry you feel that way.”
Human relations official: There were no grounds to fire Perez
That night, the patron sent an email to library staff saying he felt he was ridiculed for his beliefs and demanding an apology. The next day, he returned to the library, where Perez said the man stared at them in a “sinister way” for 10 to 15 minutes. That same day, Perez sent Booe a summary of what happened.
Booe, who retired in December 2019 after 39 years with the library, later sent an email to Westenburg and Sarah Kelley-Chase, the library services manager, telling them they need to have a “determinate plan” for Perez. Booe said Perez’s actions go “beyond a library’s purpose.”
“Frankly, I want her out of BPL,” Booe wrote. “She has performed egregiously. I want an exit strategy for her by 9 a.m. tomorrow.”
He also questioned whether the library provides pins for Christian or Jewish holidays, Juneteenth, Cinco de Mayo, International Holocaust Remembrance Day, men’s health and cancer awareness, Ramadan and other days.
“If not, this is a complete breech [sic] of mission and ethics,” Booe wrote.
On June 20, 2019, the city sent Perez a “notice of intent to discipline,” alleging their interaction with the patron who confronted them constituted insubordination, exhibiting antagonistic or retaliatory behavior toward city customers, and/or failure to satisfactorily perform job duties.
Sarah Martin, a human relations compliance officer for the city, later informed Booe that termination was not warranted. The city instead issued Perez a written warning that their interaction with the patron was inappropriate. The warning also said that it was also inappropriate for Perez to tell the patron they were part of the LGBTQ community.
Perez filed a complaint with human relations against Booe claiming they were harassed by the patron and were being silenced and discriminated against by the library due to their inability to act when confronted about gender identity.
Westenburg, the supervisor, told an investigator she quit the library after the situation at the Hillcrest branch became hostile after the incident with Perez. She said she felt the library administration already had “a thing against” Perez, who was outspoken.
Commission found that Booe’s role influenced discipline
The commission found that Booe refused to address Perez by their preferred name or gender-neutral pronouns. He also called for Perez to be fired after a library patron became hostile toward Perez because of their gender identity.
Westenburg said she got calls asking what was to be done about Perez, after they asked what she thought were reasonable questions during meetings.
The city claimed that Perez’s identification as a member of the LGBTQ community constituted a “belief or a conviction.” The commission disagreed, saying Perez belonged to a protected class.
The commission also found that Booe’s role as library director influenced Perez’s discipline.
“His emails to staff indicate at the least a lack of understanding of both transgender issues, the city’s own policy commitment towards transgender individuals and Perez’s personal identity,” the commission wrote.
The report noted that Booe almost exclusively referred to Perez as “Jaclyn,” their given name, and not by their preferred name, “Jax.” He also used the pronouns “she” and “her,” rather than gender-neutral pronouns.
Even though Booe wasn’t successful in having Perez fired, the commission found that his emails and reactions affected his staff and the discipline that was issued.
“Here, Perez has shown with evidence that they were disciplined, at least in part, due to their transgender identity, and prevails on their charge …,” the commission wrote.
It was especially disheartening, Perez said, that the actions against them took place during Pride Month.
“It was really difficult to go through downtown and see the hashtag #Boisekind on pride flags, city-sponsored things hanging from streetlights and city marketing materials,” Perez said. “Every single time I saw one of those, it felt like a slap in the face.”
Boisedev.com first reported on the commission’s findings.
