Winn-Dixie admits firing man for cross-dressing off-duty

New Orleans, Louisiana, Jan. 23— Southern grocery giant Winn-Dixie plainly concedes that its sole reason for firing an employee of two decades was that off-duty he sometimes cross-dressed as a woman, the American Civil Liberties Union (ACLU) told a federal judge today in papers seeking a ruling without a trial in its sex discrimination lawsuit against the company.

“We don’t need a trial, because there’s no disagreement over what happened. The only disagreement is whether it’s legal to fire someone for this,” said Ken Choe, the ACLU Lesbian & Gay Rights staff attorney handling the case.

Peter Oiler (pictured left with his wife Shirley) was fired on Jan. 5, 2000, after his supervisors and company executives learned that he occasionally cross-dresses as a woman away from work. Oiler and his wife, Shirley, who will celebrate their 25th wedding anniversary on Feb. 4, lost their health insurance and nearly lost their home. In October 2000, the ACLU filed a federal lawsuit on Oiler’s behalf, claiming that Winn-Dixie engaged in sex stereotyping in violation of state and federal laws that bar sex discrimination.

Choe said that over the last few months the ACLU has deposed the men who fired Oiler and has determined that there is no dispute that would require a trial. “They are very clear that he wasn’t fired for job performance — in fact he received numerous raises and promotions,” Choe said.

Today’s Motion for Summary Judgment cites Winn-Dixie Louisiana President Michael Istre’s sworn deposition saying that he made the decision to fire Oiler and that the sole reason was that Oiler didn’t conform to the company’s stereotyped notions of how a man should look, dress, and act.

An excerpt of that deposition, taken Dec. 11:

Q: Please tell me why Mr. Oiler was terminated.

A: I was concerned about my business and what kind of impact and effect that this – this type of behavior would have on my business and my customer base that if my customers saw him that we have got – and that’s pretty much it. Why – the reason why was because of my business, what kind of effect it would have on my customer base.

Q: Was there any other reason why you terminated Mr. Oiler?

A: No.

The ACLU cited a sworn deposition from Oiler’s supervisor, Gregory Miles, who said Oiler was fired because members of the public who saw Oiler cross-dressed away from work would somehow “put two and two together” and associate him with Winn-Dixie. This, he speculated, could cause people to think Winn-Dixie approved of Oiler’s personal life, and might lead people to buy groceries elsewhere.

Winn-Dixie will have until Feb. 22 to reply to today’s motion. A hearing is set for April 10 in US District Court for the Eastern District of Louisiana. The case is Peter Oiler v. Winn-Dixie Louisiana, Civil Action No. 00-3114 (Sect. L, Mag. 3).

With more than 1,100 stores in 14 southeastern states, Winn-Dixie is one of the largest grocery retailers in the nation. The company ranks in the top third of the Fortune 500. It has about 130,000 employees, about 1,400 of whom are truck drivers like Peter Oiler was.

Source: American Civil Liberties Union: www.aclu.org

Latinos rally against immigration laws

By Christopher Smith

Salt Lake City, Utah, Jan. 27— Unionizing undocumented workers, reforming immigration laws to recognize the necessity of immigrant labor, and granting federal amnesty to all workers who entered the United States illegally were among the rallying cries at a demonstration Saturday at the state Capitol by members of Salt Lake City’s Latino community.

While there was no mention of an Olympic Games-time strike of undocumented workers, Robert Gallegos of Raza Political Action Committee said efforts are under way to mobilize the thousands of immigrant laborers working in Utah.

“We need to create unions in the semiskilled working industries such as restaurants, retail clerks, construction, manufacturers, hotels, food-processing, landscaping, and health care,” Gallegos told about 100 people gathered on the steps of the statehouse, who chanted, “No Latinos, no Olympics.”

The demonstration was similar in size and composition to one held last month at the City-County Building in the wake of the Dec. 11 crackdown at Salt Lake City International Airport on undocumented workers, many of whom allegedly used fake Social Security numbers to get their jobs. The Department of Justice indicted 69 of the workers who had access to “security identification display areas,” while another 201 who worked in non-secure areas were fired.

Gallegos said of the 69 workers charged with federal crimes, 14 have had charges dismissed, 16 have pleaded guilty, 16 have outstanding warrants, and 23 have entered not guilty pleas and are awaiting trial. All face deportation by the Immigration and Naturalization Service for not having proper immigrant status to enter and work in the United States, although some plan to appeal their deportation orders.

While Salt Lake City Mayor Rocky Anderson originally commended federal and state officers for “Operation Safe Travel,” he now has become one of its biggest critics, and Gallegos told demonstrators that Anderson will help lead the charge to change immigration laws.

“Mayor Anderson is going to document and interview workers who were arrested. He’s going to talk to company people who employ people, and he’s going to establish the need for immigration workers to work in Utah and the United States,” Gallegos said.

Anderson’s press secretary said Saturday the mayor plans to create a videotape featuring the arrested airport workers to demonstrate the human side of federal immigration laws.

“He wants people to hear their stories and get people to feel their pain,” said Josh Ewing. “The mayor understands the only way to make a real difference is to push for some national policy change.”

At Saturday’s demonstration, cheers went up when organizers advised that most of the program would be done in Spanish, rather than English, speakers accused the federal government of discrimination, civil rights violations, and failing to recognize the economic contribution of undocumented workers.

Several people held placards proclaiming, “We cook, we clean, we build for you” and “America profits from our cheap labor.”

“We need unity, we need changes in the laws so that the laws fit the economic reality of the state, and we need to change the stereotypes of Latinos living here,” said Mark Alvarez, an attorney who is defending some of the indicted airport workers. “We’re not asking for any favors; we are asking for economic justice and social justice.”

Source: Salt Lake Tribune

WTO entry to cost 40 million jobs in China

By Nick Mathiaso

Jan. 27— China’s membership in the World Trade Organization (WTO) will cost Chinese workers 40 million jobs -- an increase of 50 percent in its unemployment rate.

The prediction comes from a top United Nations official, who blames the “strictures of WTO membership” for forcing the abolition of government subsidies on Chinese products.

Kerstin Leitner, the UN Development Program’s China representative, warned that growing inequalities were leading to serious social unrest, which is being taken to the streets because “there are inadequate dispute-resolution systems in place."

Leitner, who has 20 years’ experience in Chinese affairs, also called upon Chinese trade unions to stand up for workers’ rights rather than ally themselves with the Communist Party.

Concerns are growing about the treatment of Chinese workers at the hands of foreign investors -- particularly US firms. Reports have recently highlighted overseas firms demanding employees work 18-hour days in abysmal conditions.

Source: Observer (UK)