THE Commission on Human Rights (CHR) has launched an investigation into an incident involving Cebu-based personality Jude Bacalso, who allegedly gave a restaurant server a dressing-down for supposed misgendering.

The incident took place last July 21 at Ulli’s Streets of Asia in Cebu City, where Bacalso reportedly corrected food server Rjay Marcilla for addressing her as “sir” instead of using her preferred pronouns.

According to initial reports, Bacalso explained the importance of gender sensitivity to Marcilla after the misgendering. However, it was alleged that Bacalso insisted that the server remain standing during the conversation.

The server later resigned from his position, citing psychological stress and humiliation from the incident.

The CHR’s investigation was prompted by a complaint sent to their regional office two days after the event. In a statement on September 4, 2024, the CHR acknowledged receiving the complaint and confirmed that they are investigating potential violations of workers’ rights.

The CHR stressed the need to protect the dignity of workers in all settings.

"While the CHR reaffirms its commitment to advocating for safe and respectful spaces for individuals regardless of their gender identities, it is crucial that the assertion of these rights does not become a reason to subject the more vulnerable or less privileged to undue mistreatment," the statement read.

They also highlighted the psychological impact that public confrontations can have, noting the importance of recognizing that incidents of public shaming or extended confrontations can negatively affect an individual’s mental health and well-being.

Bacalso, an advocate for LGBTQ+ rights, publicly apologized on social media following the incident. She expressed regret over how the situation unfolded and explained that her intention was to promote gender sensitivity without causing harm.

Bacalso denied forcing the server to stand for the entire duration of the conversation and clarified that the management had been involved in resolving the issue.

She acknowledged that, in her effort to raise awareness on gender sensitivity, she could have handled the situation with more care.

Bacalso also stated that she had already apologized to the group present and was open to personally apologizing to the server.

The victim, through his lawyer Atty. Ron Ivan Gingoyon, filed complaints against Bacalso, including unjust vexation and grave coercion.

Gingoyon emphasized that the server was emotionally distressed by the incident and felt compelled to resign due to the psychological toll it took on him.

The CHR reiterated its stance on workers’ rights, particularly in the service industry, where vulnerable employees often face challenges such as harassment and discrimination.

The commission referred to the International Covenant on Economic, Social, and Cultural Rights, which asserts the right of workers to safe working conditions, and the Civil Code of the Philippines, which protects individuals from undue vexation.

The CHR also cited relevant local laws, including the Safe Spaces Act (Republic Act No. 11313) and Cebu City's SOGIE Equality Ordinance, which aim to prevent gender-based discrimination and promote respect for individuals’ gender identities.

They emphasized that while raising awareness of these issues is important, it must not come at the expense of another person’s dignity.

The commission urged all parties involved to work towards resolving the matter peacefully and constructively, in line with the Constitution’s encouragement of non-adversarial dispute resolution.(MyTVCebu)

• Tags
• #Jude Bacalso
• #Commission on Human Rights
• #CHR
• #Misgendering
• #Ulli’s Streets of Asia
• #Pronouns