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 there were no federal or state laws that protect the rights of "transgendered" employees. Although, Winn-Dixie won at the trial, they experienced an aftermath that they were not expecting. Many co-workers rallied behind Oiler, wondering if the company could do this to him, what might they do next? Certainly, people understood a company could fire anyone for any legal reason, but how much latitude should a company have in defining "legal" reasons? Could they fire an employee who drinks alcohol after work? or views an "inappropriate" movie? or views adult websites? What if one is arrested? Does that result in an automatic termination? The answer is, it could - but there are consequences to this employer action. In such cases, companies have found that terminating an employee for outside or work activities brings negative publicity, lowers employee morale, and increases employee turnover.

 

Are there proactive actions that human resources could take to avoid such situations? What would you have done differently in managing the situation? Are there any legal implications/considerations?

 

In developing your response, you want to consider some of the following elements: employee rights, progressive discipline, the effects of off-the-job behaviors on an organization, and other course concepts addressed in your readings.

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