Saks Fifth Avenue has dropped their motion to dismiss the discrimination suit against them based on their contention that Title VII did not protect a former transgender employee.
Saks Fifth Avenue is now saying they aren’t transphobic. Nope. Not at all.
Saks even proved it with a press release: Saks Fifth Avenue a Strong Advocate For LGBT Rights
Their whole case against the two employees is built on a single customer complaint:
Following a customer complaint and investigation, the former Associate — and another Associate — were fired for using inappropriate and offensive language on the selling floor in front of the customer, which is a severe violation of Company Policy and our expected standards of professional conduct.
Saks sure does follow their company policies, when it suits them.
Saks Fifth Avenue’s Hypocrisy: The most amazing part of this whole story is that Saks has a corporate employee handbook, which includes protection for gender identity. But in its motion to dismiss, (which has since been dropped) Saks claims this doesn’t matter because “employee handbooks are not contracts as a matter of law.
Via the HRC Blog:
In two major victories for transgender civil rights, today Saks Fifth Avenue withdrew a motion to dismiss a lawsuit in which Saks had argued that Title VII of the Civil Rights Act of 1964 does not protect transgender workers, and the U.S. Department of Justice filed a historic statement of interest in the same case affirmatively stating that Title VII covers transgender people. This is the first time that the Department has made clear that Title VII prohibits any type of discrimination against transgender people, not just discrimination based on gender stereotypes.
Guess you just can’t argue with that eh Saks? Time for the Fortune 500 company to take a new tactic. Like humph, we’re rich, we discriminate indiscriminately?
Tell me how that works out for ya.
More on this from HRC