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Supermarket owner reaches agreement on EEOC transgender action

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A supermarket owner has reached a conciliation agreement with the U.S. Equal Employment Opportunity Commission under which it will pay $50,000 to an employee who was fired for being transgender, the agency said Monday, noting there have been a “steady stream” of recent rulings holding transgendered individuals are covered by Title VII of the Civil Rights Act of 1964.

Don's Valley Market in Rapid City, S.D., terminated the employee — who had recently been promoted — after she indicated her intent to present as a woman, said the EEOC in a statement. Although the EEOC did not identify her, her name is Cori McCreery, 29, according to the New York-based advocacy group Lambda Legal, which had filed a complaint on her behalf with the EEOC in March 2012.

The commission issued a decision in April 2012 in which it stated that transgendered individuals are covered under Title VII of the Civil Rights Act of 1964. The agency said in its statement on the conciliation agreement that since this ruling, “there has been a steady stream of district court decisions finding that claims of discrimination based on transgender status, also referred to as gender identity, are cognizable under Title VII's sex discrimination probation.”

In addition to paying $50,000, the conciliation agreement requires the supermarket to obtain professional antidiscrimination training annually for all its employees; implement and distribute an antidiscrimination policy to all employees; report all future discrimination complaints to the EEOC; and provide Ms. McCreery with a letter of apology and a neutral reference.

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Ms. McCreery said in a statement issued by New York-based Lambda Legal, “This gives me hope. The day I was fired, I had no idea what I would do. I now feel a sense of closure and can focus on my future. No one should be fired just because of who they are.”

Dru Levasseur, Lambda Legal's transgender rights project director, said in the statement, “This comprehensive settlement makes a strong statement about the EEOC's commitment that discrimination against transgender workers will not be tolerated.

“The days of firing people on the basis of their gender identity or gender expression have passed. The EEOC has demonstrated clear support, and we anticipate more victories for transgender and gender-nonconforming people,” said Ms. Levasseur.

Julie Schmid, acting director of the EEOC's Minneapolis office, said in the EEOC statement, “Employers need to be made aware that their personal myths, fears and stereotypes about gender identity can subject them to liability if they act upon them in an employment setting.”

Supermarket owner Don Turner said, “In our agreement, there was no admission of guilt.”

Mr. Turner added, “Our lawyer just felt it was in our best interest to settle.”

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