A transgender police officer in South Florida claims department brass deliberately misgendered him, refused to use his preferred name and pronouns, then allegedly forced him off the job after a “Christian counselor” working for the city issued a bogus report declaring him unfit for duty.
Eli Schanley joined the Sarasota Police Department in 2015, earning numerous commendations, including a medal for a lifesaving rescue that “showed courage and resolve,” according to a 61-page civil rights lawsuit obtained by The Independent. However, after Schanley began his gender transition in 2021, becoming the department’s sole trans officer, his complaint says he was wrongly deemed “a danger to herself [sic] and the public,” and invited to instead apply for a job as a janitor.
There was “no factual basis” for the department’s findings, Schanley’s complaint asserts, noting his “eight-year tenure and track record as a decorated patrol officer.” Rather, it goes on, the decision to push him out was “based on his transgender status,” not on any legitimate performance concerns.
“This is more than just a single case,” the lawsuit contends, “but sets precedent for other members of the transgendered community who wish to have a career in law enforcement.”
There are thousands of transgender law enforcement officers in the United States, although exact numbers are difficult to pin down. Trans cops can be found among the ranks of the NYPD, the Seattle Police Department, and numerous other departments in cities large and small. At the same time, trans people are nearly four times more likely to experience police violence than those who are not trans.
In an email, a spokesperson for the City of Sarasota told The Independent, “The City of Sarasota values diversity in all forms. Our diverse organization comprised of 900-plus employees reflects our community. The City respects the judicial process with this ongoing litigation.”
A message on Thursday seeking comment from Sarasota Police Chief Rex Troche, who is named as a defendant in Schanley’s suit, went unanswered.
When Schanley became a cop, he presented as female, according to the suit, which was filed February 18 in Tampa federal court. Six years later, it says Schanley “cut his hair short and no longer conformed to gender stereotypes regarding how a female should present themselves and act.”
Transgender individuals continue to endure “substantial bigotry,” according to the complaint, which cites remarks by a Florida state legislator who referred to trans witnesses at a committee hearing as “mutants” and “demons.” For Schanley, the mistreatment began almost immediately upon coming out as trans, the complaint alleges.
To begin with, the suit says department officials told Schanley they would not list him as Eli on the employee roster until he legally changed his name. Schanley’s shift supervisors “refused to use his preferred name Eli and his preferred pronoun he/him,” addressing him as “Elise,” his former name, while using she/her pronouns “daily,” according to the complaint.
“As the issue continued to persist over time, even after [Schanley] raised concerns about it, he concluded that some supervisors refused to use his preferred name and pronouns intentionally as a sign of disrespect,” the complaint states.
In the spring of 2023, Schanley responded to a call involving possible domestic violence, but didn’t make an arrest after his sergeant said the circumstances did not warrant criminal charges, the complaint continues. Still, it says Schanley was soon informed that Internal Affairs (IA) had initiated an investigation into his handling of the situation, and received a formal notice that misgendered him “repeatedly.”
Investigators told Schanley that he would have to submit to a “fitness for duty” evaluation, which, according to the complaint, similarly situated non-trans male officers were never required to do.
The department sent Schanley to meet with a clinical social worker who “holds herself out as a ‘Christian Counselor,’” and “is a member of the ‘Network of Christian Counselors Association,’” the complaint states. It says the office was decorated with “religious themed posters,” and the counselor served Schanley a cup of coffee “in a mug containing religious affirmations.”
Schanley was given a pair of written personality tests, consisting of roughly 600 questions in total, and sat for an interview, according to the complaint. At the end, the counselor told Schanley that he “passed with ‘flying colors,’” the complaint says. Yet, when the counselor sent her final report to the Sarasota PD, Schanley discovered that the counselor had included “numerous claims of statements that [Schanley] allegedly made,” but were in fact “fabricated, as [he] never made them,” according to the complaint.
The counselor’s report “concluded that … [Schanley] ‘wants to follow policy and procedure so much so that it actually interferes with her [sic] ability to perform and she [sic] second guesses herself [sic],’” the complaint states. It says the report further called Schanley “submissive, inferior and self-conscious that she [sic] may fail to act and retreat as she [sic] perceives this as safe.” The report also took issue with Schanley’s stature, noting that he “is 5 foot tall and her [sic] internal ability to defend herself [sic] both physically and psychologically is not conducive to confrontation as she [sic] reacts by submitting,” according to the complaint.
In sum, according to Schanley’s complaint, the report claimed that while he “may be an excellent employee due to her [sic] desire to follow the rules, her [sic] psyche unconscious psychological pathology plays [sic] large part in inability to do her [sic] job. As a result, she [sic] is a danger to herself [sic] and the public.”
Schanley’s complaint calls the counselor’s conclusion “baseless,” “untethered to any factual basis,” and “at odds with [his] employment history,” citing his multiple commendations for bravery and calling out the counselor’s personal religious beliefs as having fostered a negative view of “the mental health and fitness of all transgendered individuals.”
“The conclusions were reached because [Schanley] was transgendered,” the complaint states, alleging that the Sarasota PD was in fact “aware of” the counselor’s bias all along.
In subsequent meetings with his superiors, Schanley insisted that much of the report was false, but they were unmoved and said they would not consider a second opinion from another expert, according to the complaint. It says Schanley was given four options: resign; take medical leave until he was able to find a new job; take two weeks of administrative leave, after which he would be terminated; or apply for one of two city jobs that were vacant at the time – accounting specialist, an area in which Schanley had no qualifications, or a “janitorial role.”
“I just want to clarify: I am being let go solely based on the report regardless of my work reviews?” Schanley asked his captain, the complaint states.
“Yes, that’s correct,” the captain replied, according to the complaint.
Schanley took the two weeks of administrative leave, and received a termination letter on April 24, 2023, the complaint says.
The following month, Schanley underwent another psychological evaluation by an independent third party, who, the complaint states, found him “fit to perform the duties of a law enforcement officer.”
Adding insult to injury, the Sarasota PD canceled Schanley’s health insurance a week early, which derailed his plans for gender-confirming top surgery, according to the complaint.
He is now demanding to be reinstated as a Sarasota police officer, as well as back pay, front pay, and damages for lost earning capacity, emotional pain, suffering, inconvenience, mental anguish, medical expenses, and attorney’s fees, along with consequential, compensatory, and punitive damages to be determined by a jury.
