Balancing the realities of protecting the organization and the rights of employees, both in and out of work, has become a major focal point to contemporary human resource managers. For example, by everyone's account, Peter Oiler was an outstanding employee. Oiler, a truck driver for Winn-Dixie Stores and a twenty-year employee, had an impeccable and unblemished work record.61 He was punctual, trustworthy, and an exceptionally productive employee. Most co-workers viewed him as an asset to the organization. But none of that appeared to matter when Oiler was fired. The reason: Oiler was a cross-dresser. On his own time, Oiler changed his persona, becoming Donna, complete with wearing women's clothing, a wig, and makeup. Frequently out in public with his wife—in restaurants, at church—Donna maintained a dignified public appearance, bothering no one, and simply went on with his personal life as he chose.
Management at Winn-Dixie, however, saw things differently. Shortly after they learned of his cross-dressing behavior, Oiler was fired. This happened in spite of the realization that his out-of-work behavior had absolutely no adverse effect on his job performance. Rather, Winn-Dixie's position was that if he was seen in public by someone who recognized him as a Winn-Dixie employee, the company's image could be damaged.
Oiler sued the company for wrongfully terminating him on the basis of sex discrimination. He claimed that cross-dressing was nothing more than his “not conforming to gender stereotype as a man.” During the trial, records reinforced that there was not one shred of evidence that any of Oiler's out-of-work activities affected his ability to work. Nonetheless, the court ruled in Winn-Dixie's favor, citing that there are no federal or state laws that protect the rights of “transgendered” employees.
Although Winn-Dixie won at the trial, they experienced an