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Is Violation of Sex Discrimination Law, says ACLU Heterosexual Male Cross-Dressed Away from Work |
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Compiled By GayToday
New Orleans, Louisiana-- The American Civil Liberties Union filed a
federal civil rights lawsuit yesterday against grocery store giant Winn-Dixie
on behalf of a heterosexual male truck driver who was fired because
away from work he sometimes dresses in women's clothing and
expresses feminine aspects of his identity.
Peter Oiler, 45, worked for 20 years at Winn-Dixie, a top Fortune 500 company with more than 1,100 grocery stores in 14 Southern states. Last year, after Oiler's supervisors learned that he occasionally cross-dresses off the job, he was fired. By terminating Oiler 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. "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."
Oiler, who has been married for more than 23 years, 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. "Anyone who isn't clear on the connections between gay issues and transgender issues should have the opportunity to talk with Peter Oiler. They would hear him talk about what it was like to be 12 years old, doing housework after his mother was severely injured in an accident--and being constantly called a 'sissy' for it. They would hear him talk about how years later, his coworkers at Winn-Dixie realized he was different, assumed he must be gay, and whispered behind his back," Middleton said. "It sounds familiar to many of us in lesbian and gay communities." Oiler's courage to speak out drew praise today in his hometown. "Peter Oiler's experience is relatively common. What's uncommon is that he is open and honest about who he is, and that he's standing up to one of America's largest corporations and demanding to be treated fairly," said Joe Cook, Executive Director of the ACLU of Louisiana. 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. "Most people defy gender stereotypes, sometimes subtly--like women who drive motorcycles or men who wear earrings--and sometimes more obviously, when it's part of their deeply held gender identity" Middleton said. "In fact, quite a lot of anti-gay discrimination is rooted in gender stereotyping." Of the more than two dozen municipalities that bar transgender discrimination, some only allow off-the-job gender expression and others broadly prohibit gender stereotyping. An ordinance recently passed in New Orleans protects cross-dressing away from work, but the Winn-Dixie branch that fired Oiler is located just outside that jurisdiction. The case filed yesterday 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. |
