Thanks to New York Attorney General Andrew Cuomo and Make the Road New York, a non-profit organization dedicated to promoting equity and opportunity for all New Yorkers, retail chain American Eagle has committed to changing its corporate guidelines and employee handbook to include transgender-friendly policies.
The retailer had an anti-LGBT policy on personal appearance for employees, requiring staff to wear gender-specific clothing. While this may not seem like a huge victory, the popular chain employs more than 2,000 people in more than 60 stores across New York State. That means that not only do current transgender employees are now allowed to wear the clothing that best expresses their gender, but that potential recruits will now not be deterred from working at the popular clothing store for fear of gender discrimination.
In addition to allowing workers to wear what they please, American Eagle has also agreed to train its staff on transgender issues, including which pronouns to use when referring to customers and fellow co-workers.
Although the change originated from a lawsuit that American Eagle decided to settle out of court on, an American Eagle company spokeswoman said “We wholeheartedly believe that transgender individuals should be treated equally.”
According to this New York Daily News article, the resulting settlement is “the first crackdown against a retailer under the section of the state's Human Rights Law that bars employers from discriminating against applicants because of their gender identity.” New York State’s Human Rights Law originally passed in 1945 was the first of its kind in the United States, prohibiting discrimination on the basis of “age, race, creed, color, national origin, sexual orientation, military status, sex or marital status.”
While this is fantastic for transgender persons in New York State, let’s remember that a number of states still do not have any state-level protection for LGBT employees.
Of course, the Family Research Council (see here) has come out (no pun intended) stating that this violates the rights of American Eagle and its employees by imposing “cross-dressing” policies. Bill O’Reilly also covered the American Eagle announcement (see video below), seemingly comparing transgender people to "ewoks," as well as repeatedly asking the question, “So, if your name is Fred, you can dress like Dolly Parton?”
Now I love me some Dolly Parton (ewoks are another story) but comparisons like these only serve to bolster ongoing misconceptions about transgenders, particularly about what it actually means to be a transgender person.
Transgender is the state of one’s gender identify, self-identifying as a woman, man, neither or both. It doesn’t necessarily imply any specific form of sexual orientation. The term “cross-dresser,” while not exactly defined, is a person that identifies with one sex but who wears the clothing of the opposite sex.
It’s factually incorrect to suggest that all transgender are “cross-dressers” or vice versa, and it perpetrates misleading stereotypes about transgender people. This is why the Out Front Blog continues to stress that language matters and that words have power.



