May 23, 2008 --  Respect for your gender identity and expression are now on the menu at a popular New York City restaurant known for its margaritas and Mexican fare, thanks to a lawsuit brought by a young patron.
 
Last week, Caliente Cab announced plans to expand its workplace policies and practices as part of a settlement that concluded a 2007 suit filed with the State Supreme Court in Manhattan after Khadijah Farmer, a 28-year-old lesbian, was ousted from a women's bathroom and then expelled from the restaurant in mid-meal because she reportedly looked "too masculine."

"I'm very happy that the restaurant has taken appropriate steps to ensure that all patrons, regardless of how masculine or feminine they appear, are treated with dignity and respect," said Farmer at a press conference. "People come in all shapes and sizes, and they shouldn't be discriminated against because they don't match someone's expectations of how masculine or feminine they should be."

Caliente Cab agreed to add "gender identity and expression" to its corporate nondiscrimination policy, adopt a gender-neutral employee dress code, and revise its bathroom policy to allow employees and customers to use facilities consistent with their gender presentation.  Caliente Cab also agreed to institute an employee training program on the new policies. Farmer will also receive $35,000 in damages.

"You can't evict someone just because they don't measure up to your ideas for male or female," said Riki Wilchins, Executive Director of the Gender Public Advocacy Coalition. "Fortune 500 corporations have already enacted policies to address these issues.  We hope smaller companies will follow their example before the courts mandate them to do so."

The original suit included claims under the New York City and New York State Human Rights Laws, and sought a court order barring Caliente Cab from discriminating on the basis of gender expression.  New York City is one of more than 90 cities and counties have passed laws prohibiting gender identity discrimination.

The Gender Public Advocacy Coalition works to ensure that classrooms and communities are safe for everyone to learn, grow, and succeed -- whether or not they meet expectations for masculinity or femininity. To learn more about GenderPAC, visit www.gpac.org.

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