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EEOC Says Walmart Corp. Discriminated Against Trans Worker

EEOC rules in favoe of trans woman

The worker and the company will now try to settlte the case; if that doesn't work out, she can sue.

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The U.S. Equal Employment Opportunity Commission has ruled that retailer Sam's Club, a subsidiary of Walmart, discriminated against a transgender employee in violation of Title VII of the Civil Rights Act of 1964.

"There is reasonable cause to believe" that Jessica Robison suffered such discrimination at Sam's Club stores in Florida, the EEOC stated in a letter. The next step is for Robison and the company to negotiate a settlement, with the help of the EEOC. If the EEOC contests the ruling or the conciliation process is otherwise unsuccessul, Robison has the option to sue, and her attorneys said she will.

Robison was subjected to harassment and discrimination at a Sam's Club in Tampa in 2014 after beginning her gender transition, according to the Transgender Legal Defense and Education Fund, which is representing her. After she filed a complaint, she was disciplined and demoted, the legal group said. She was also denied transition-related health care, as the company's health insurance plan excluded such procedures, although that changed at the beginning of this year.

"Ms. Robison was an exemplary manager, who was singled out by Sam's Club simply for being a woman," said Jillian Weiss, executive director of TLDEF, in a press release. "This EEOC determination is an important step on the path to finding justice for Ms. Robison. The ruling sends a strong message. No one should ever be targeted for discrimination on the basis of sex. The EEOC has put its weight behind Ms. Robison's claims. We will continue our fight to get justice for Ms. Robison."

"I have always worked hard during my time as a Sam's Club employee and my dedication to the job resulted in numerous promotions. But all that changed after people found out I was transgender," Robison said in the same release. "Sam's Club ignored my job performance and targeted me. It was wrong and the company must make amends. I am grateful to TLDEF and I look forward to moving my case forward."

The EEOC and several courts have held that Title VII's prohibition on sex discrimination extends to discrimination based on gender identity. That is "less contentious" than whether it extends to sexual orientation, NBC News notes.

"In terms of Title VII, gender-nonconformity claims have been recognized since 1989, and while not initially applied to transgender persons, the courts pretty rapidly recognized that transgender people have the right to action under Title VII and the courts have been consistent on this point," Anthony Kreis, a professor at Chicago-Kent College of Law, told the network.

On sexual orientation discrimination, the U.S. Court of Appeals for the Seventh Circuit has ruled that Title VII covers it, while the Eleventh Circuit has ruled it does not. The Eleventh Circuit ruling has been appealed to the U.S. Supreme Court, which has not yet announced if it will take the case.

In a pending Second Circuit case on sexual orientation discrimination, the EEOC has said such discrimination is covered by Title VII, but the U.S. Justice Department recently filed a friend-of-the-court brief contending it is not. The EEOC has held that sexual orientation discrimination is covered.

In the Sam's Club case on gender identity "we might not get a landmark legal ruling, because Walmart would be inclined to settle," Kreis told NBC. But he added, "What's important here is that you're dealing with one of the nation's largest employers. Depending on how this unfolds, that could guide a lot of other corporations who say, 'I need to fall in line with this.'"

Walmart has a perfect 100 score on the Human Rights Campaign's Corporate Equality Index, but Weiss told NBC that Robison's situation indicates that those "policies don't reach the shop floor." The network sought comment from Walmart, but the company did not respond immediately.

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Trudy Ring

Trudy Ring is The Advocate’s senior politics editor and copy chief. She has been a reporter and editor for daily newspapers and LGBTQ+ weeklies/monthlies, trade magazines, and reference books. She is a political junkie who thinks even the wonkiest details are fascinating, and she always loves to see political candidates who are groundbreaking in some way. She enjoys writing about other topics as well, including religion (she’s interested in what people believe and why), literature, theater, and film. Trudy is a proud “old movie weirdo” and loves the Hollywood films of the 1930s and ’40s above all others. Other interests include classic rock music (Bruce Springsteen rules!) and history. Oh, and she was a Jeopardy! contestant back in 1998 and won two games. Not up there with Amy Schneider, but Trudy still takes pride in this achievement.
Trudy Ring is The Advocate’s senior politics editor and copy chief. She has been a reporter and editor for daily newspapers and LGBTQ+ weeklies/monthlies, trade magazines, and reference books. She is a political junkie who thinks even the wonkiest details are fascinating, and she always loves to see political candidates who are groundbreaking in some way. She enjoys writing about other topics as well, including religion (she’s interested in what people believe and why), literature, theater, and film. Trudy is a proud “old movie weirdo” and loves the Hollywood films of the 1930s and ’40s above all others. Other interests include classic rock music (Bruce Springsteen rules!) and history. Oh, and she was a Jeopardy! contestant back in 1998 and won two games. Not up there with Amy Schneider, but Trudy still takes pride in this achievement.