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Woman Wins a Settlement Over Her Bathroom Ouster

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Old May 19, 2008 | 07:07 PM
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Default Woman Wins a Settlement Over Her Bathroom Ouster

A West Village restaurant where a woman said she was asked to leave the women’s restroom, and then the premises, because she looked too much like a man will pay her $35,000 and has agreed to change its workplace practices.

Khadijah Farmer was ejected from a women’s restroom because, she was told, she looked too much like a man.

The woman, Khadijah Farmer of Hell’s Kitchen, who describes herself as “not the most feminine,” went to the restaurant, the Caliente Cab Company, with her partner, Joelle Evans, after the Gay Pride Parade on June 24 last year.

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.

The Transgender Legal Defense and Education Fund filed suit in October in State Supreme Court in Manhattan against Caliente Cab, asserting that she was the victim of gender discrimination.

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.

“It really straddled the line of gender expression,” said Michael D. Silverman, the executive director of the defense fund.

Caliente Cab decided to negotiate, and the settlement was signed last Friday. The restaurant will also pay the legal fund $15,000.

“The settlement was so darn good,” Mr. Silverman said. “We got everything we wanted for Khadijah, and in terms of getting good terms on the issues we were looking at, we couldn’t in good conscience litigate.”

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.”

David S. Aronowitz, a lawyer for the restaurant, said in a statement: “An enlightened attitude and progressive thinking is woven into Caliente’s culture and in its efforts to promote the social welfare of all members of the community. Caliente, while disputing the portrayal of the events as reported by the plaintiff, is happy the matter is resolved amicably without engaging in protracted litigation.”

http://www.nytimes.com/2008/05/14/ny...rssnyt&emc=rss


Stan Honda/Agence France-Presse — Getty Images
Khadijah Farmer was ejected from a women’s restroom because, she was told, she looked too much like a man.
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Old May 19, 2008 | 07:10 PM
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:doh: good call
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Old May 19, 2008 | 07:13 PM
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wow, what a dick bouncer.
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Old May 19, 2008 | 07:16 PM
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I always wondered...if I just told a gym I was transgendered could I just hang out in the womens locker room all day?
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Old May 19, 2008 | 07:18 PM
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Originally Posted by LABARINTH
I always wondered...if I just told a gym I was transgendered could I just hang out in the womens locker room all day?
give it a shot and let us know how it goes
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Old May 19, 2008 | 07:18 PM
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Jesus christ. "Show me some titties or you're outta here!" :eek5r:
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Old May 19, 2008 | 07:19 PM
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Originally Posted by LABARINTH
I always wondered...if I just told a gym I was transgendered could I just hang out in the womens locker room all day?
I'd assume they'd ask for proof or to show them your goods first. h:
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Old May 19, 2008 | 07:25 PM
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Originally Posted by LABARINTH
I always wondered...if I just told a gym I was transgendered could I just hang out in the womens locker room all day?
the restaurant's new policy is to allow you to use which ever is "consistent with their gender identity and expression," so you only have to dress up like a girl.
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Old May 19, 2008 | 07:26 PM
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“It really straddled the line of gender expression,” said Michael D. Silverman, the executive director of the defense fund.
From a Sociological point of view, this is a very important statement. I think most people in America have confused the word gender with sex. Sex is male or female, and gender is masculinity and femininity. I think we've been ignoring gender. Gender is the gray area and America is stuck in black and white.
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Old May 19, 2008 | 07:27 PM
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Ali thinks he's a chick
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