Florida Verdicts

Plaintiff(s):

United States Equal Employment Opportunity Commission

Plaintiff Attorney(s):

James L. Lee;
United States Equal Employment Opportunity Commission;
Miami,
FL,
for
United States Equal Employment Opportunity Commission ■ Jan Shelly;
United States Equal Employment Opportunity Commission;
Tampa,
FL,
for
United States Equal Employment Opportunity Commission ■ P. David Lopez;
United States Equal Employment Opportunity Commission;
Miami,
FL,
for
United States Equal Employment Opportunity Commission ■ Robert E. Weisberg;
United States Equal Employment Opportunity Commission;
Miami,
FL,
for
United States Equal Employment Opportunity Commission

Defendant(s):

Lakeland Eye Clinic, P.A.

Defense Attorney(s):

Peter W. Zinober;
Greenberg Traurig, LLP;
Tampa,
FL,
for
Lakeland Eye Clinic, P.A. ■ Sara G. Sanfilippo;
Greenberg Traurig, LLP;
Tampa,
FL,
for
Lakeland Eye Clinic, P.A.

In April 2011, a male, who was employed as director of hearing services at Lakeland Eye Clinic in Lakeland, claimed he informed his manager that he was undergoing a gender transition from male to female and would be changing his legal name to "Brandi." On or about June 10, 2011 Brandi claimed she was informed that the position of director of hearing services was being eliminated. In August 2011, Lakeland Eye Clinic hired a replacement for Brandi, who was a male employee who conformed to traditional male gender norms. Brandi filed a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) alleging Lakeland Eye Clinic violated Title VII of the U.S. Civil Rights Act of 1964, which prohibits gender discrimination. The EEOC conducted an investigation of Brandi’s charge, and in March 2014 issued a letter of determination, finding reasonable cause to believe that Brandi was discriminatorily terminated because of sex, in violation of Title VII. The EEOC then filed suit in federal court against Lakeland Eye Clinic, P.A., alleging sex discrimination against Brandi, who identified as a transgender individual. Lakeland Eye Clinic performs refractive, corneal, and cataract surgery and treats retinal diseases. In 2010, the clinic decided to add a hearing division to the eye clinic. The clinic hired Physicians Hearing Services, Inc. (PHS), a staffing company that specializes in hearing services, to provide candidates for the position of director of hearing services. PHS recommended the charging party, who at the time presented as a male, for the position. In July 2010, the clinic interviewed and hired Brandi as director of hearing services. At the time of hire, Brandi wore male attire, and otherwise appeared to conform to traditional male gender norms. Brandi provided hearing services and sold hearing aids to patients, who were referred by the clinic’s physicians. In February 2011, Brandi claimed she began wearing feminine attire to work, including make-up and women’s tailored clothing. Brandi claimed co-workers snickered, rolled their eyes, and withdrew from social interactions in response to Brandi’s changing appearance. Brandi claimed that in April 2011, her manager requested a meeting wherein she was confronted about her changing appearance. Brandi claimed she then informed management she was undergoing a gender transition. Brandi claimed that immediately following the meeting, the clinic’s managers and employees made derogatory comments about her appearance, and the ostracism by co-workers intensified. Brandi claimed that from April 2011, until her termination, all but one of the clinic’s physicians stopped referring patients to her for hearing services, thereby depriving her of her client base. Defense counsel for Lakeland Eye Clinic, P.A., denied all of the charging party’s allegations. Lakeland Eye Clinic’s defense claimed it never had a problem with gay or transgender employees. Lakeland Eye Clinic claimed Brandi’s position was not eliminated. The clinic claimed Brandi was terminated because of a failure to perform the job up to expectations. Defense counsel claimed Brandi was hired with the expectation she would be operating the hearing department at a profit after three months. Lakeland Clinic claimed Brandi failed to operate the hearing department profitably. The clinic claimed the hearing department lost money every single month that Brandi was employed in her position. Defense counsel claimed when a patient was sold a hearing device, there is a profit margin that is dependent in part on a low rate of returns. Lakeland Clinic claimed under Brandi’s management, the hearing department had a high rate of returns of the devices sold. The clinic contended the April 2011 meeting with management and Brandi was not about her alleged changing appearance but about her poor job performance. Lakeland Clinic claimed Brandi’s successor began running the hearing clinic at a profit within three months of his hire and has continued to operate it profitably ever since. The clinic further claimed Brandi never presented as a female or wore make-up while employed by the clinic.

The charging party sought to recover compensatory damages.

Prior to trial, Lakeland Eye Clinic agreed to settle the case. Lakeland Eye Clinic agreed to pay $150,000. As part of the settlement, Lakeland Eye Clinic additionally agreed to implement a new gender discrimination policy and provide training to its management and employees regarding transgender/gender stereotype discrimination.

Judge:

Mary S. Scriven

This report is based on information that was provided by EEOC counsel and information gleaned from court documents. Defense counsel declined to contribute.