Amy Hamm found to have made discriminatory, derogatory comments
The British Columbia College of Nurses and Midwives has suspended the nursing license of Amy Eileen Hamm for one month and ordered her to pay $93,639 in legal costs.
The penalty follows a lengthy disciplinary process in which the college found that Hamm had engaged in unprofessional conduct by making “discriminatory and derogatory statements regarding transgender people, while identifying herself as a nurse or nurse educator, across various online platforms.”
The College’s Discipline Committee panel found that Hamm’s statements “repeatedly challenge the existence of transgender women, conflate sex and gender, and advocate for the denial of legal protections for transgender women whom she describes as feminine men.
“The panel has no hesitation in finding that these statements are disrespectful, hurtful, and harmful to the transgender community.”
Public statements on transgender women
The panel further stated that a nurse who makes public statements that challenge the existence of transgender women and appear designed to elicit hostility, fear and contempt for members of the transgender community “erodes the trust that members of that community have in the health care system and likely foster a reluctance or unwillingness to access health care for fear they will face further discrimination.
“This is unacceptable and inimical to the foundational values of our health care system.”
The panel emphasized that Hamm’s conduct “was not a lapse in professional judgment... rather, it reflected a pattern of online behaviour.”
The panel determined that statements in six out of 22 tabs of submitted evidence were discriminatory and derogatory, and that these were disseminated widely online while she identified herself as a nurse or nurse educator.
Penalty for targeting vulnerable group
The college sought a three-month suspension, $163,053 in costs, and public notification. Hamm, represented by Lisa Bildy, argued for a reprimand, a suspension of 10 to 14 days, and costs of $40,115. She also cited the significant personal and financial consequences she has already faced, including loss of employment and ongoing unemployment as a nurse and single mother.
The panel acknowledged these hardships but found that “the repeated targeting of a vulnerable and marginalized group in society is an aggravating factor which militates in favour of a more serious penalty.”
The panel ultimately determined that a one-month suspension was “reasonable having regard to the nature and severity of [Hamm’s] misconduct, her unblemished discipline history, the steps she took to remove her professional designation from her biographical description in her online articles, the consequences she has already experienced, the financial impact of a prolonged suspension in view of her particular circumstances, and the range of disciplinary action imposed in [similar cases].”
When hiring trans and non-binary employees, concerns about safety or the reactions of clients or customers may be a common challenge that employers face – but they aren’t justification for discriminatory practices, as a recent Quebec Human Rights Tribunal (HRT) decision has made clear.
Appeal of unprofessional conduct to B.C. Supreme Court
Hamm has appealed the finding of unprofessional conduct to the Supreme Court of British Columbia.
Bildy stated: “In our view, the panel made a number of legal and factual errors that make the decision unsound, and we look forward to arguing these points before the BC Supreme Court. We are now considering whether to appeal the penalty decision as well.”
Hamm herself said the college has chosen to punish her for statements that are “not hateful, but truthful.
“I’m appealing because biological reality matters, and so does freedom of expression.”
The panel’s orders for suspension and costs are stayed pending the outcome of the appeal.
