Local sex discrimination case heading for appeal

EUPORA, Miss. (WCBI)- A sex discrimination lawsuit dismissed in Mississippi Federal Court is being appealed and heading to the Court of Appeals for the 5th Circuit.

The case centers around a transgender woman who claims she was discriminated against based on her sexual identity.

The United States District Court for the Northern District of Mississippi dismissed the case on June 11th. On June 15th, the United States Supreme Court ruled the Civil Rights Law protects LGBTQ workers. A coincidence? Yes. But for Joselyn Kelly, the fight’s still on and she wants others to not be afraid to share their voice.

The civil suit is against AES Enterprises, INC. They own and operate several McDonald’s restaurants in the state. Joselyn Kelly was hired in 2019 as an area supervisor.

She claims managers and other employees made remarks about her gender identity.

“They thought it was funny because I was using the women’s restroom. They called me Juwanna Mann,” said Kelly.

After going to HR, Kelly says she was moved to another store where she says the ridicule increased.

“I was told I was an abomination and her nephew worked there called me a Fa**ot and I had to deal with that,” said Kelly.

In court documents, AES alleges Kelly’s job performance was questionable. The corporation says she lost her temper with customers and didn’t master individual workstations required in her training. AES made a motion for Summary Judgment which was granted by a judge, ultimately dismissing the case.

“Summary judgment is when there’s no dispute of material fact. Our appeal will say there is a state of material fact and here are the reasons why,” said Attorney Hays Burchfield.

Kelly’s attorney Hays Burchfield says his client’s side of the story wasn’t played out in court.

“We had witnesses lined up but of course the summary judgment was granted before we could ever go to a jury trial so we could never call up our witnesses and have them testify,” said Burchfield.

The summary judgment also states Kelly listed she had a Master’s in Businesses Administration, which later on goes to say she admits she didn’t finish. AES Enterprises sent a statement saying the case was dismissed because because “Kelly failed to prove she was discriminated against by AES.” They also stated, “in fact, the Court specifically found that transgendered persons are protected from employment discrimination under federal law. The Court’s ruling is consistent with the June 15th United States Supreme Court decision on that subject.

But that’s not how Kelly sees it.

“I was heartbroken because I didn’t understand the decision without even coming forth, interacting with me to get my side of the story, behind the paper, to find out what actually, actually happened,” said Kelly.

No matter the outcome of the appeal, Kelly’s hope is that her story helps others find their voice.

“I encourage people, transgender, LGBT, anyone, it doesn’t have to be LGBT to speak out because your voice needs to be heard,” said Kelly.

The appeal has to be submitted by July 10th at that point it’ll be up to the judges in the appellate court to decide the next steps.

The attorney representing AES declined an on-camera interview.

(PRESS RELEASE) AES ATTORNEY- Contrary to the statements of Joselyn Kelly and her attorney, Ms. Kelly’s lawsuit against AES Enterprises was not dismissed because of her status as a transgender woman. In fact, the Court specifically found that transgendered persons are protected from employment discrimination under federal law. The Court’s ruling is consistent with the June 15 United States Supreme Court decision on that subject. Notwithstanding the protection from discrimination given to transgendered persons, the Court determined, based upon a review of all of the evidence, that Ms. Kelly failed to prove that she was actually discriminated against by AES and dismissed her case on that basis alone.

AES Enterprises does not tolerate discrimination in any form, including discrimination on the basis of race, sex, gender identity or expression, or sexual orientation, in its restaurants. AES condemns racism, bigotry, and discrimination and is committed to listening to, supporting, and serving its employees and customers with equality and understanding.