History

Case 42: After-Effects of After-Hours Activities: The Case of Peter Oiler

1. What are the ethical issues in this case?

The first and possibly most important ethical issue involved is the treatment of Lesbian, Bisexual, Gay, and Transgender people in the workplace. Another ethical dilemma brought up in this case is whether or not a person should be held accountable for something done outside of work hours, no where near their place of employment, and is not illegal. If the act being discussed in this case were illegal, there would be no issue to me.

5. For what after-hours behavior do you feel it is appropriate to terminate an employee? For what after-hours behavior is it not appropriate? Where do you draw the line, and how would you describe that line if you were developing a policy to put into an employee manual?

Case Analysis

By all accounts, Peter Oiler was a competent truck driver with a 20-year record of exemplary service at Winn-Dixie Stores Inc. He showed up on time, performed his duties well and caused no problems while on the job. But it was his off-the-job behavior, cross dressing, that ultimately got him fired in January 2000. The 47-year-old resident of Avondale, La., likes to wear women’s clothing, accessories, makeup, wigs and fake breasts. He usually adopts the persona of “Donna” at home but sometimes goes out with his wife and friends to restaurants, the shopping mall and church. Upon learning of his non-mainstream activities, Winn-Dixie fired Oiler. The company’s managers said their customers might shop elsewhere if they recognized “Donna” in public as a company employee, court records show. “His activity could harm the company image,” Oiler’s supervisor said, according to the complaint Oiler filed in federal court. But Oiler says he had no contact with shoppers, and he sued Winn-Dixie for sex discrimination, alleging the company fired him because he did not conform to the gender stereotype of a man. The company won