Home »
News &
Events » News Archive » 2000 Press Releases
Winn-Dixie Corporation Faces ACLU Civil Rights Suit For Firing Trucker
Who Cross-Dresses Away from Work
October 23, 2000
(MIAMI, FL) ? The American Civil Liberties Union today filed a federal civil rights lawsuit against grocery store giant Winn-Dixie on behalf of a heterosexual male truck driver who was fired because, while off the job, he sometimes dresses in women's clothing and expresses a feminine identity.
With 447 stores throughout Florida and a total of 1,100 stores in 14 states nationwide, Winn-Dixie is among America's largest corporations. By terminating an employee because he did not conform to the company's stereotyped notions of how a man ought to look and act, Winn-Dixie violated state and federal laws that bar sex discrimination, the ACLU contends.
The lawsuit, filed in federal court in Louisiana, will hold the entire Winn-Dixie corporation accountable, although the truck driver who was fired worked at a Louisiana Winn-Dixie branch. Peter Oiler, a 45 year-old man who lives with his wife of 23 years outside New Orleans, was employed by Winn-Dixie for 20 years until be fired after his supervisors learned that he occasionally cross-dresses off the job.
"Peter Oiler followed all company policies, never violated the dress code and, most importantly, he did a good job and earned numerous promotions and raises," said Jennifer Middleton, staff attorney at the ACLU Lesbian and Gay Rights Project. "His termination strikes at the very core of why these civil rights laws exist ? to keep bigotry and bias out of employment decisions."
While existing legal precedent says that employers cannot force people to conform to rigid gender stereotypes, today's lawsuit also argues that the ban on stereotyping protects people who were born male but see themselves as partly to fully feminine. The lawsuit, filed in U.S. District Court in Louisiana, seeks unspecified damages as a result of lost wages and emotional distress.
"I never expected Winn-Dixie to approve of my personal life or to punish me for it ? I just never thought it had any bearing on how I do my job," Oiler said. "Losing the job I've had for practically my entire adult life has been a difficult ordeal, and I'm grateful for the loving support of my wife and the transgender community throughout the South that has stood by us steadfastly."
Oiler said has known since childhood that his gender identity is not stereotypically male, and cross-dresses to express his femininity. Like many people who are gender-variant in some way, Oiler was outcast earlier in life and consequently kept his identity secret until coming out as transgendered to close friends and family in 1996.
"Terminating an employee who fails to conform to sex stereotypes is sex discrimination," said ACLU of Florida Executive Director Howard Simon. "We're talking about an outstanding employee who has served the company for more than 20 years, was promoted three times, and was fired for engaging in off-the-job conduct that shouldn't be any of the company's business."
Last month, a police officer in North Carolina was forced out of his job because he cross-dresses away from work, according to the ACLU. The International Foundation for Gender Education estimates that 75 percent of cross-dressers are heterosexual men, many of whom are married. Gender nonconformance occurs in people of different sexual orientations, marital statuses and sexes.
The case filed today is Peter Oiler v. Winn-Dixie Stores. In addition to Middleton, Oiler is represented by Ron Wilson, a leading civil rights attorney volunteering on the case for the ACLU Foundation of Louisiana. Winn-Dixie will have a month to file a response to the lawsuit before additional court action is scheduled.
For more information, contact:
New York: Eric Ferrero, ACLU Lesbian & Gay Rights Project,
(212) 549-2568; (917) 876-8879
Miami: Howard Simon, ACLU of Florida Executive Director, or
Alessandra Soler, Public Education Coordinator, (305) 576-2337
IMPORTANT NOTE ON TERMINOLOGY AND USAGE
Peter Oiler is a cross-dresser who considers himself transgendered,
and should be identified as such. Recent clarification by the
Associated Press Style Book generally indicates that transgendered
people should be identified in the terms they use to describe themselves.
As such, "transvestite" or "drag queen"and "female impersonator" are
not appropriate terms for this situation. Additionally, "transsexual"
is inaccurate, as Oiler does not intend to physically transition from
one sex to another. Male pronouns are appropriate in referring
to Oiler.
Winn-Dixie is publicly traded on the New York Stock Exchange, Symbol: "WIN"
- For additional information on Winn Dixie, visit: www.winn-dixie.com or click here for a company fact sheet.
- Click here to read the Oiler v. Winn Dixie Stores complaint.
