University staff member in “complete shock” after being warned by HR for violating bathroom ban

"I have no intention of complying. No intention at all.”

A trans staff member at the University of Kansas is speaking out after someone reported her for using the women’s restroom in violation of the state’s anti-trans bathroom ban.

Siobhán Kirchstein works as a janitor at the school’s Kansas Geological Survey. She told the Lawrence Times she has used the women’s bathroom for years without incident, but a law that took effect in February makes it a criminal offense for transgender Kansans to use bathrooms and other single-sex facilities in public buildings that do not align with the sex they were assigned at birth.

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The law allows anyone to sue a person they suspect of using the “wrong” restroom for damages up to $1,000. Public institutions themselves face fines of up to $125,000 if someone reports them to the state attorney general.

Kirchstein recounted the “complete shock” of receiving a letter from the University of Kansas director of employee relations, Katie Varner, who informed her she had “an obligation to follow up on the report.” (The law requires institutions to inform people when a report about their bathroom usage is made.)

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“I wish to preface this email by acknowledging this is a sensitive matter and my intention in reaching out is to provide awareness of the report and the law, extend to you an opportunity to be heard, and if helpful, share resources,” the email explained.

Varner also explained how Kirchstein could appeal, which she did. She did not share with the Times whether the school has been fined.

The whole ordeal was so surprising, Kichstein explained, because the law has not been largely enforced, and she has not heard of anyone else being reported. But she emphasized that all you need is one angry person.

“It does not matter whether or not KU says they’re not going to enforce SB 244 because all it takes is one person to freak out in the bathroom and report me, and that is exactly what happened.”

Varner also reportedly told Kirchstein she could ask to be reassigned to an area that contains all-gender, single-use restrooms, but Kirchstein doesn’t think that’s fair.

“Why should I move myself to a building just so I can use a bathroom that would make other people more comfortable? I’m just going to keep using the bathrooms that make me comfortable because I’m a human being. I have dignity, and telling me that I can’t use a particular bathroom because it makes other people uncomfortable, that takes away from that.”

Instead of replying to Varner’s email, Kirchstein has turned to the media and LGBTQ+ rights organizations to amplify her story.

“I’ll stay until they basically fire me,” Kirchstein added. “If that’s what they want to do, that’s what I’ll do. But I have no intention of complying. No intention at all.”

Kansas is in the midst of a severe crackdown on trans rights. The same legislation that enacted the bathroom ban also requires Kansas driver’s licenses and birth certificates to indicate a person’s sex assigned at birth, regardless of their gender identity.

Trans people across the state have reported receiving letters from the Kansas Division of Vehicles informing them that under the new law, their driver’s licenses have been invalidated and that they must surrender them in exchange for documents that reflect the sex they were assigned at birth. Those caught driving with licenses that reflect their gender identity risk class B misdemeanor charges, a $1,000 fine, and a 90-day license suspension.

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