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Oilver v. Winn-Dixie Complaint
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
Peter Oiler
Plaintiff
v.
Winn Dixie Stores, Inc.
Defendant
INTRODUCTION
1. This is an employment discrimination action against defendant Winn Dixie Stores, Inc. for discrimination against the plaintiff on the basis of gender. Plaintiff Peter Oiler drove a truck for Winn Dixie for over twenty years. He was fired on January 5, 2000 because he failed to conform to the corporation's stereotyped notions of how a man ought to look and act. The corporation fired him even though he was in all respects a good employee who adhered to his employer's expectations about his dress and conduct on the job. Off the job, however, Oiler occasionally dresses in women's clothing and adopts a feminine persona. For this, he lost his job.
JURISDICTION
2. Jurisdiction is proper in this Court under 28 U.S.C. §§ 1331(a) and 1367. Plaintiff filed a Charge with the Equal Employment Opportunities Commission and the Louisiana Commission on Human Rights. He received a Notice of Right to Sue from the EEOC dated July 29, 2000.
VENUE
3. Venue is proper in this district because the defendant is located in this district and the acts and omissions complained of occurred in Harahan, Louisiana.
PARTIES
4. Plaintiff Peter Oiler is a forty-five year old male resident of Avondale, Louisiana.
5. Defendant Winn Dixie Stores, Inc. ("Winn Dixie") is a supermarket chain operating in fourteen states in the southeastern United States, with its principal place of business located at 5050 Edgewood Court in Jacksonville, Florida. It operates a Division Headquarters at 600 Edwards Avenue, Harahan, Louisiana.
FACTS
6. Peter Oiler was hired by Winn Dixie on April 16, 1979, as a loader, and most recently worked as a truck driver delivering groceries to the company's stores.
7. Oiler drove a 50-foot truck with a trailer. His job duties included loading grocery supplies from the company warehouse, driving them to Winn Dixie stores throughout southeastern Louisiana and the Gulf Coast of Mississippi, and unloading them.
8. Oiler was a good worker and received above average performance ratings. He was promoted three times during his tenure with Winn Dixie.
9. Oiler has been married to his wife, Shirley, for 23 years and they live together in Avondale, Louisiana.
10. On October 29, 1999, Oiler had a meeting with his supervisor, Greg Miles. Over a year earlier, Oiler had asked Miles to take action against a rumor that Oiler heard was circulating in the company to the effect that Oiler was gay. At the October 29 meeting, Miles asked whether those rumors had subsided. Oiler responded that they had.
11. Miles then asked why the rumors bothered Oiler. Oiler said they bothered him because he is not gay, he is transgender. Miles asked what that meant. Oiler explained to Miles that transgender refers to a person whose anatomical sex is sometimes inconsistent with their feelings about their gender.
12. Oiler went on to explain that he had no intention of changing his sex or of "transitioning" to live full-time as a woman in any way.
13. Miles said he would have to check with the company about its policy on this matter.
14. On November 1, 1999, Miles called Oiler to another meeting. Miles said that upon inquiry, he learned that a supervisor had seen Oiler dressed as a woman off-duty.
15. Oiler responded that he did sometimes dress as a woman, but never on company time.
16. Miles told Oiler that his activity could harm the company image, and therefore the company was asking him to resign. He was told to look for another job.
17. Oiler said he was happy at Winn Dixie and did not want another job. He did not resign, and continued to work in his position.
18. Oiler was called to meetings with Winn Dixie managers including Greg Miles, Ronnie Bower, James Jackson and David Hastings on November 4, 1999, November 16, 1999, November 19, 1999, December 20, 1999, and January 5, 2000. At each meeting, Oiler was told to look for another job because he was to be terminated. He was told that his off-work dressing as a woman could harm the company's image with the public.
19. Oiler continued to stress in these meetings that he had no intention of wearing women's clothes at work, and would abide by company dress codes on the job as he always had. Managers assured Oiler that Winn Dixie had no problems with his job performance.
20. Throughout this period, Oiler suffered increasing stress.
21. At the meeting on January 5, 2000, Oiler was terminated.
22. At all times, Oiler adhered to company policy for at-work dress and presentation.
23. On information and belief, female employees of Winn Dixie in comparable positions wear men's clothing outside of work and have not had adverse action taken against them.
FIRST CLAIM FOR RELIEF
Sex discrimination in violation of Title VII of the Civil Rights Act of 1964,
42 U.S.C. § 2000e-2(a)(1)
Plaintiff incorporates the above paragraphs.
24. Defendant Winn Dixie is an employer as defined in 42 U.S.C. §2000e(b).
25. By terminating plaintiff Oiler because he sometimes does not conform to sex stereotypes, defendant unlawfully discriminated against Plaintiff on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(a)(1).
26. By subjecting plaintiff Oiler to terms and conditions of work to which similarly situated female employees were not exposed, defendant unlawfully discriminated against Plaintiff on the basis of sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e(a)(1).
27. Because of the unlawful acts of the defendant, Plaintiff has suffered damages in the form of lost pay and emotional distress.
SECOND CLAIM FOR RELIEF
Sex discrimination in violation of Louisiana Revised Statutes 23:332
28. Plaintiff incorporates the above paragraphs.
29. Defendant Winn Dixie is an employer as defined in Louisiana Revised Statutes 23:302.
30. By terminating plaintiff Oiler because he sometimes does not conform to sex stereotypes, defendant unlawfully discriminated against plaintiff on the basis of sex in violation of Louisiana Revised Statutes 23:332(A)(1).
31. By subjecting plaintiff Oiler to terms and conditions of work to which similarly situated female employees were not exposed, defendant unlawfully discriminated against plaintiff Oiler on the basis of sex in violation of Louisiana Revised Statutes 23:332(A)(1).
32. Because of the unlawful acts of the defendant, the plaintiff has suffered damages in the form of lost wages and emotional distress.
WHEREFORE, the plaintiff seeks the following relief:
1. Compensatory and punitive damages in an amount to be determined at trial;
2. An award of costs and attorney's fees;
3. Any and all other just relief as this Court deems proper.
___________________________________
Ronald
L. Wilson # 13575
210 Baronne St., Ste. 1800
New Orleans, Louisiana 70112
(504) 525-4361
Cooperating Attorney for the
ACLU of Louisiana Foundation
Jennifer
Middleton
Michael Adams
Matthew Coles
American Civil Liberties Union Foundation
125 Broad Street
New York, New York 10004
(212) 549-2627
Attorneys for Plaintiff
Dated this 23rd day of October, 2000.
