Winn-Dixie spokesman Mickey Clerc said the company's actions were legal.
"We were confident that we had acted lawfully and a U.S. District Court judge has confirmed that our actions were lawful," Clerc
In July 2000, the Equal Employment Opportunities Commission
issued Oiler a notice of right to sue.Oiler had received above average performance ratings and had never cross-dressed during working hours, according to the complaint.He
sought compensation for lost wages and emotional damages.
Aflick said Congress had not extended job protection to cross-dressers.The ACLU
has argued that federal courts have said laws against sex discrimination includes protection for persons not acting "like a woman" or "like a man." Two states and 40 cities have outlawed discrimination based on gender identity, the union said.
Oiler did not return a phone call seeking comment.