05/14/2008
Lesbian Wins Gender Discrimination Suit Against NY Restaurant
You may remember this incident from earlier news roundups. Khadijah Farmer, a lesbian who was ejected along with her friends from the Caliente Cab Company restaurant in New York's west village, won a settlement in a gender discrimination lawsuit filed with the state Supreme Court by the Transgender Legal Defense and Education Fund last October:
"While she was in the women’s bathroom, a male bouncer burst in and told her that she had to leave. Although Ms. Farmer showed him her state nondriver photo identification card, which identified her as a woman, the bouncer insisted that she leave the bathroom, and subsequently her entire group was ejected from the restaurant...While Ms. Farmer has always identified herself as a woman, the defense fund took up the case because it touched upon many issues that transgender people commonly face and could set an interesting legal precedent, representatives of the group said...Among the workplace practices that Caliente Cab agreed to adopt in the settlement was to add gender identity and expression to its corporate nondiscrimination policy; to adopt a gender-neutral dress code for its employees; and to amend its employee handbook to state 'persons patronizing or employed at Caliente have the right to use the bathroom facilities consistent with their gender identity and expression.'"
In addition to the agreement, Farmer will receive $35,000 and the Legal Defense Fund will receive $15,000.
Woman Wins a Settlement Over Her Bathroom Ouster [nyt]
Posted 10:01 AM EST by Andy Towle in Discrimination, New York, News | Permalink
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This is what I've been arguing with gay men(black, white, Eskimo)about for years: the line between gay and transgendered is blurry. Those of you who are determined to make that line more rigid & clear...well...well, we just shouldn't speak to each other. The last Sunday of this month in DC, and the last Sunday of June in Manhattan--we'll just keep our distance from each other--even though I don't look too trans anymore. Hell, I look like a regular guy now....dammit, what a burden.
Posted by: Derrick from Philly | May 14, 2008 10:15:12 AM
Much as I support the ruling I think the compensation is a scam joke.
Posted by: Nonplussed | May 14, 2008 10:16:18 AM
Of course, they would have been sued by other patrons if they didn't kick her out, so it's a catch-22.
The best you can say, Derrick, is that for SOME men the line between T and G is blurry, but not all men. That, or are you proposing that we all go in for hormone treatments and surgery?
Posted by: anon | May 14, 2008 10:51:39 AM
ANON:
Of course, I don't want y'all to go on "hormone treatments and surgery." All that would produce is a bunch of ugly broads.
My point is there are plenty of transgendered people who are GAY and do not wish to have a sex change. They call themselves gay, but they look and dress like the opposite sex. They are part of the gay world. Lord, have mercy.
Posted by: Derrick from Philly | May 14, 2008 11:10:45 AM
Derrick, I'm not sure I understand what you mean when you say the line between gay and transgendered is blurry. Gay is sexual orientation. Gender relates to the expression of traits based upon what is usually considered male or female. (These are rough definitions.) You can be gay and your gender expression may "different" from what is expected from members of the same sex. Or, you can be straight and your gender expression may be different from members of the same sex. While there are many lesbians with a masculine gender affect, those two things are not inextricably linked. They are two different concepts and so I do see a conceptual line between them.
Where I think we agree, is that discrimination on the basis of sexual orientation, race, or gender expression is wrong. PERIOD.
Posted by: Brandon | May 14, 2008 11:15:26 AM
Well said/written, Brandon, BUT what I'm saying is that there are GAY people whose sexual orientation is homosexual, and their gender representation is that of the opposite sex. Drag Queens, Drag Kings, Fem Queens, Butch Lesbians (I hope no one is offended by these terms)--all are part of the gay world. They have no desire to have sex reassignment therapy or surgery. TRANSSEXUALS are not the only people who can be called TRANSGENDERED...atleast that's the definition of TRANSGENDERED that I adhere to.
Your mentioning straight people who do not express themselves in "traditionally" gender role expression is interesting. I've met a couple of straight folks like that. People who come in contact with them: co-workers/church members/schoolmates-- usually think that they are GAY...but they're not. So, you are very right on this point (straights who don't obey gender role rules).
Based on the above photograph, and the incident at the restaurant, the woman whose story we are discussing could easily be considered transgendered and GAY ...if she wanted it that way!
Posted by: Derrick from Philly | May 14, 2008 11:34:06 AM
Hi, I got here via Shakesville (shakespearssister.blogspot.com) and just wanted to say that I was really excited to read this story. How many mainstream eating establishments have a phrase like "gender identity and expression" in their employee handbook, eh? I wouldn't have been particularly surprised to see a lot less demanded of the restaurant, so I'm pleased that this much happened.
I agree though, the monetary compensation was crap, especially compared to settlements in non-gender related cases. Sigh. Still... $35,000 is another year of college... ^_^
Posted by: Jamie B. | May 15, 2008 10:23:07 AM
Oh, I'm sure someone(s) will get spastic, but I'll say it anyway: she looks like a dude to me. Totally her prerogative, of course, to look like whatever she wants to look like. But I do find it a bit confusing that she "has always identified herself as a woman" but looks an awful lot like a guy. If all the visual cues correspond to the stereotype of what men look like, how can other people be expected to assume anything else?
Now, of course, in this case, showing her ID to the bouncer should have been the end of the story. But in a more general sense, I don't think you can blame the restaurant staff or customers for thinking there was a dude in the ladies room.
Last but not least, this is yet another reason for unisex bathrooms. Everyone poops, after all.
Posted by: Christopher | May 17, 2008 5:01:57 PM