OCALA, Florida U.S. Rep. Cliff Stearns (Email address: cstearns@hr.house.gov ) is asking state officials to set dress standards for government workplaces after a male state health agency employee in Ocala began reporting for work dressed as a woman. Stearns, R-Ocala, said several employees in the Ocala offices of the Agency for Health Care Administration, the Department of Juvenile Justice and Development Services were offended and distracted by the cross-dressing of Sabrina Marie Theodora Robb, formerly Dale T. Robb, an AHCA human resources counselor. " It sends wrong signals to our children and people of this county if we tolerate these cultural values, " Stearns said. " I think the public would have a high level of discomfort with his work activities. That's why I feel pretty strongly about doing this. It's antithetical to our morals in Ocala. " Sabrina Robb declined to comment to the Star-Banner. Robb is employed through the AHCA's Gainesville office and works as an assistant to Dotti Pohleven in Ocala. Pohleven said that while Robb's change of dress has been a distraction to some, it has not affected his work performance. " He's an excellent employee and a great asset to the MediPass program," Pohleven said. "He's very dependable. He's thorough. We have, from time to time, contact with (Medicaid) providers and with clients, and it's been a concern what their reaction is. But it's too soon to really know if there's any reaction at all." The agency's employee handbook does not have a dress code, however, one paragraph says, " employees are expected to be neat and clean in appearance and to dress appropriately for the office and for contact with the public." Stearns said he became involved because local officials had not acted on the complaints. " From our standpoint, we think that this is really a state problem, " Stearns said. " This is a state employee in a state agency. However, as an elected fellow officer, I think it's important to point out that there's a legal precedent that a state can act on this particular case. I think the state should address it immediately and set in place something, to set a standard because of this, and that they should implement something to stop this. " In a letter to Florida Senate President Toni Jennings and Speaker of the House Daniel Webster, Stearns cited two cases that he believes allow the government to regulate a worker's appearance. In one case, the Supreme Court decided the government can determine the proper length of a police officer's hair; in the other, the court ruled that " The First Amendment guarantees free speech and assembly. But it does not guarantee the government to employ." Both Jenning's and Webster's offices are looking into the matter. A staff member from Jenning's office contacted the agency, but no action has been taken, said Colleen David, AHCA spokeswoman in Tallahasse. The goal of the agency is to protect the rights of all employees as well as the public, David said. " There are issues that are optional and may need clarification, " David said. " Uniform dress code is an issue that may require clarification in context with the policy set forth for all state employees. " According to David, Robb works in an administrative position, dealing primarily with health care providers. Although Robb's job description includes some public contact, most of his work is done by telephone or by written correspondence, and he generally does not have contact with Medicaid recipients, David said. " We are continuing to work with Sabrina and the other employees in that office to assure that the workplace is professional and productive, " she said. In such situations the constitutional rights of the individual are considered, but the courts usually do not restrict government employers from establishing dress standards, said Robyn Blumner, executive director of the American Civil Liberties Union of Florida, headquartered in Miami. " Certainly, the employer can and should tolerate differences in personal appearance and dress, but the likelihood is the court would find that the state employer is not constitutionally obligated to tolerate them, " she said. Blumner added, however, that the employer should consider whether the employee is doing his job and whether he is disrupting the workplace. " If he's acting like a disruptive influence, an employer should respond to that, " she said. " The courts would uphold the employer's ability to regulate the workplace. If the employer is interested in leaving this guy alone to let him do his job, then leave him alone, and good for the employer for having an open mind about this. " But some of Robb's associates say his attire is a distraction. When Robb first came to work dressed in women's clothing, it was somewhat of a shock, said Gary Hauge, a human services counselor for Developmental Services. " While I, personally, am an advocate of one's individual civil rights, as state employees we should feel compelled to dress in appropriate attire and project the most favorable impression to the clientele we serve, " Hauge said. Russell S. Crum, a human services program specialist, said Robb changed his appearance gradually, then one day reported to work entirely in female dress. " He was dressing a little bit more feminine, and then he decided to wear dresses and high heels, " Crum said. " My question was, basically, " How do we answer questions from the public. " A written dress code would settle the issue once and for all, said Zolika Heath, an AHCA specialist. Stearns' Letter to Speaker of Florida Lower HouseCONGRESS OF THE UNITED STATESHOUSE OF REPRESENTATIVES WASHINGTON, D.C. 20515-0906 JUNE 20, 1997 (This was sent to the Speaker of the Florida House of Representatives and the President of the Florida State Senate) In response to numerous complaints received from my constituents, I am writing to express my concern regarding the professional appearance of Dale Raab, who commonly refers to himself as Sabrina. Mr. Raab is currently a state employee at the State of Florida Health Care Administration in Ocala, Florida, and has chosen to report for work dressed in traditional women's clothing. Obviously, in my hometown of Ocala, this manner of behavior is particularly appalling. My district office has contacted both the local administration office as well as the state offices in Tallahassee. Both of these offices have been reluctant to take action. That is why I am writing to you to request that you take steps to rectify this situation. Probably no other provision of the Constitution has given rise to so many different views with respect to its underlying philosophical foundations as the guarantee of freedom of expression. As an ardent defender of the First Amendment to the United States Constitution, I support the use of individual free speech, even when it is speech in error, however I contend that the practice of an individual's free speech must not infringe on the rights of the general public. In this case, the general public can be defined to include both Mr. Raab's coworkers and the citizens who seek assistance provided by this administrative office. You can imagine what consternation they must feel when confronted with this deviant behavior. The government adopts and enforces many measures which are designed to further a valid interest, but which may have restrictive effects upon freedom of expression guaranteed by the First Amendment to the U.S. Constitution. As an employer, the government is interested in maintaining full production from its employees in a harmonious environment. While I have been told that there has been zero noticeable change in the job performance of Mr. Raab since his selection of women's clothing, his appearance has caused a reasonable level of discomfort in the work environment. Change has occurred in many contexts, in the main with regard to state and local employees and with regard to varying restrictions placed upon such employees. Foremost among the changes has been the "right-privilege" distinction. In Bailey v. Richardson,, 341 U.S. 918 (1951) the Supreme Court affirmed a lower court decision which held that " The First Amendment guarantees free speech and assembly, but it does not guarantee the Government employ. " It seems appropriate that the State of Florida has the legal authority to expect a reasonable level of professionalism and decorum from its employees, and those who fail to comply should feel free to seek employment elsewhere. Further, in Kelly v. Johnson, 425 U.S. 238 (1976) the Supreme Court held that the government could require police officers to keep their hair trimmed at a reasonable level. Certainly, if the Supreme Court holds that the government can regulate the length of a police officer's hair, an assumption can be made that a male state employee should be prohibited from wearing female clothing. I feel it is necessary to arrive at a balance between the interests of the individual. As a citizen, in his beliefs and in the interest of the state, in promoting the interests and efficiency of government. I request that you further examine this situation and inform me of your findings. I look forward to your early response. Sincerely,
Cliff Stearns |