A dock workers' union does not have a double standard for outdoor urination, a Virginia jury has found in rejecting the gender discrimination case of a female worker who was caught relieving herself outdoors.

Sonyo Tillett-Bond, a member of the International Longshoremen's Association Local 1458, sued the union for taking her off an APM Terminals work gang as punishment for what she did on Oct. 5, 2006. Both she and a male co-worker, Tim Jones, had to urinate outdoors at a work site where there were no restroom facilities, but he suffered no consequences.

The “disparate treatment of the Plaintiff ... caus[ed] Plaintiff to endure (a) work conditions not imposed upon a similarly situated male co-worker and; (b) a work environment hostile to her,” Tillett-Bond said in her complaint.

Co-workers allegedly made her the “butt of numerous jokes ... ranging from 'we heard you were caught with your pants down' to statements that there was a bucket and a bed pan with her name on it for using the bathroom to the more cruel accusations of being a 'slut' and 'nasty' for 'pulling her pants down.'”

Much of the online commentary about the case has focused on biology. “Because it is easier for a man to urinate in public does not mean that a woman should be punished for not being equipped with the same anatomy,” a reader of the Virginian-Pilot newspaper said.

But the case was tried only on the narrow issue of whether Local 1458 – which merged last year with Local 1784 -- violated civil rights law in its response to Tillett-Bond's al fresco urination. She settled her claims against APM just before the trial began and was seeking $300,000 in compensatory damages and unspecified punitive damages from the union.

After two days of testimony, the jury in Norfolk, Va., ruled this week that the union did not deprive Tillett-Bond of employment opportunities or cause APM to discriminate against her and that her gender was not a “motivating factor” for any action taken by the union.

"Local 1784 did not discriminate against Ms. Tillett-Bond and has done everything it can to protect her rights,” the union's attorney said.

Tillett-Bond and Jones were assigned to yard maintenance in a “very remote” area of the Portsmouth Marine Terminal, which is leased by APM. They urinated behind separate containers, thinking they were hidden from view, but a passing trucker saw Tillett-Bond with her pants down and reported her to APM management.

A supervisor informed Local 1458 the next day that APM would no longer have her on its work gang “due to urinating behind the containers.”

Union officials testified that if Tillett-Bond was ever denied work it was because none was available that day or she didn't show up. The defense evidence included records showing officials helped her get back to work through the grievance process.

By Matthew Heller
3/21/09