The Second Circuit, according to Law 360, vacated the dismissal of a transgender ironworker’s suit against his labor union for alleged sex discrimination and unlawful retaliation, saying Friday that the lower court wrongly tossed the case for lack of jurisdiction.
Cole Fowlkes was born a female but identifies as a male, according to his lawsuit against Structural Iron Workers Union Local 40, located in New York City, and its business agents Danny Doyle and Kevin O’Rourke.
According to the suit, Fowlkes claims that the union and its business agents discriminated against Fowlkes by denying him work and also retaliated against him.
In his amended complaint, Mr. Fowlkes alleges that the Defendants refused to refer him to jobs for which he was qualified and, instead, favored men with equal or less skill.
During the period of the union’s alleged discrimination, Fowlkes alleges “the Defendants’ refusal to refer him work for which he was qualified began as “sex discrimination” but it escalated and morphed to include ‘retaliation.'”
Beginning in 2005 and continuing through 2007, Mr. Fowlkes was repeatedly denied referrals to job sites. Mr. O’Rourke and Mr. Doyle would make statements such as “‘you would get a good job if you would act like a girl.’” J.A. 53. They also informed Mr. Fowlkes that he had “‘to be nice’” and “‘act like a nice girl.’”
[snip]
Things got worse for Mr. Fowlkes after he pressed this earlier lawsuit. According to the amended complaint filed in this action, the Defendants’ conduct “escalated” and “became more constant” after Mr. Fowlkes initiated “legal p[roceedings]” in 2007 and 2008. The “passing[s] over” became “more frequent” and Mr. Fowlkes was “more constant[ly]” told that he would get work only if he “act[ed] like a girl.”
You can read more here:
SUIT: Ironworkers Discriminate Against Transgender by LaborUnionReport.com
