EEOC Intervenes in Louisiana

Judge Carl Barbier of the Eastern District Court of Louisiana has allowed the US Equal Employment Opportunity Commission to intervene in Tristan Broussard's federal lawsuit against First Tower Loan, LLC.

I first wrote about Broussard's case here: The dress code is on your birth certificate.

According to the EEOC First Tower Loan "violated federal law by firing a Lake Charles, La., manager-trainee because he is transgender, and/or because he did not conform to the employer's gender-based expectations, preferences or stereotypes."

First Tower tried to coerce Broussard, a transgender man to sign the following written statement:

I understand that my preference to act and dress as a male, despite having been born a female, is not something that will be in compliance with First Tower Loan's personnel policies. I have been advised as to the proper dress for females and also have been provided a copy of the female dress code. I also understand that when meetings occur that require out of town travel and an overnight room is required, I will be in [sic] assigned to a room with a female.

When Broussard refused, he was fired.

The EEOC claims that such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, including that based on transgender status and gender stereotyping.

Addressing discrimination based on gender identity is a priority issue for the Commission.

The Supreme Court ruled in 1989, in the case of Price Waterhouse v. Hopkins, that discrimination on the basis of gender stereotypes is 'because of sex' and violates Title VII. The Fifth Circuit Court of Appeals in New Orleans reaffirmed that principle in EEOC v. Boh Bros. in 2013 in the same-sex harassment context. The EEOC considers that this suit concerning transgender issues requires the same conclusion.

--EEOC General Counsel David Lopez

Mr. Broussard was qualified for his position and was performing well. There is no reason why an employer should fire an employee because he is transgender or because he does not fit with the employer's notions of gender conformity. Title VII makes that illegal.

--EEOC Regional Attorney Jim Sacher

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...which still has a ways to go.

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enhydra lutris's picture

Thanks for posting this, robyn.

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That, in its essence, is fascism--ownership of government by an individual, by a group, or by any other controlling private power. -- Franklin D. Roosevelt --