Florida eye clinic settles transgender discrimination lawsuit

The U.S. Equal Employment Opportunity Commission (EEOC) has reached a settlement in a historic lawsuit filed in September 2014 against Lakeland Eye Clinic, a Lakeland, Florida-based organization of health care professionals.

The settlement specifies that Brandi Branson is entitled to $150,000 in damages as restitution. The EEOC has also stipulated that the clinic make immediate policy changes to prohibit discrimination against transgender employees, provide training for all employees, and post public notices on the premises about the prohibition on discrimination based on transgender status, to protect against future discrimination against other people.

Last fall, the EEOC sued Lakeland Eye Clinic on behalf of Branson, claiming it had discriminated against her based on sex in violation of federal law by firing an employee because she is transgender, because she was transitioning from male to female, and/or because she did not conform to the employer’s gender-based expectations, preferences, or stereotypes.

This was one of the first two lawsuits ever filed by the federal agency alleging sex discrimination against transgender individuals.

Jillian Weiss, Ms. Branson's attorney said: "I am gratified that the rights of our client, Ms. Branson, have been affirmed by both her former employer and the U.S. Government. When we first began this case in 2011, the trajectory of trans rights in the U.S. were uncertain. Little by little, with cases like Glenn v. Brumby and Macy v. Holder, government agencies and courts have recognized that transgender people have a right to a workplace free of discrimination. I applaud Ms. Branson for opposing discrimination at a time when our rights were less clear."

Ezra Young, an attorney with the Law Office of Jillian T. Weiss, PC, who contributed to the filings in federal court with Ms. Weiss, added "Though this is a good outcome from Ms. Branson, we are cognizant of the fact that nearly 90% of transgender persons experience discrimination in the workplace. The Firm will continue to actively pursue litigation across the country to ensure that transgender workers can can contribute to the economy without fear of discrimination."

Ms. Branson voiced her concern that "although this is a victory for those facing discrimination in the workplace, there is the reality that presently, transgender people have been singled out for discrimination in a growing number of states. These efforts to continue to foment unwarranted fear must be stopped. While I am pleased that 18 states have adopted trans-protective employment laws, the majority of states have not."

She also added: "My situation would never have come about had the Florida legislature and the Governor seen fit to recognize this nondiscrimination principle in Florida law. I implore both Houses of the Florida legislature to act courageously and vote in favor of both of the companion bills that now reside in committees, and let our Governor bring our state of Florida into the light of equality. While the current Presidential Administration has acted to make such discrimination become a thing of our collective past, the Congress has not. Congress should act to add the four words to the Civil Rights Act of 1964 needed to create equality for the millions of gay, lesbian, bisexual and transgender people who live and work in this great country."

The Gayly – April 14, 2015 @ 11:25am.