Judge: Wal-Mart Must Pay Transsexual $2M

July 19 -- A judge in New Brunswick, N.J., has ordered Wal-Mart to pay morethan $2 million to a former cashier who said he was harassed andfired after a boss learned he was undergoing a male-to-female sexchange.

Ricky Bourdouvales, 27, sued the retailing giant in May,alleging it violated New Jersey’s anti-discrimination laws byfiring him in January. The default judgment was issued Monday afterthe company failed to respond to the lawsuit.

Bourdouvales, who dresses as a woman, claimed no one at thePiscataway Wal-Mart had a problem with his work while they thoughthe was a woman; he said they even asked him to train otheremployees.

Discovery on Application

But when a store manager reviewed his job application andnoticed the box “male” was checked, he questioned Bourdouvales,who confided he was undergoing a sex change. It was then thatharassment and discrimination started, he claimed.

“New Jersey’s law against discrimination is a very strong one,and it definitely covers what happened here,” said Bourdouvales’lawyer, Mark Stanton. “We feel this was a firing based on anemployee’s sexual preference.”

Wal-Mart: Was Fired for ‘Misconduct’

Bourdouvales said he was told he was fired because ofdiscrepancies with his cash register count. A Wal-Mart spokesmansaid Bourdouvales was fired for “misconduct,” but would notelaborate.

Bourdouvales filed suit in May, but Wal-Mart never responded tothe complaint, Stanton said. He said he sent the company a noticein June that Bourdouvales was going to seek a default judgment. Thecompany still did not respond, he said.

As a result, Superior Court Judge Douglas Hague awardedBourdouvales $2 million in punitive damages, and another $100,000in compensatory damages and legal fees.

Tom Williams, a spokesman for Wal-Mart’s corporate headquartersin Bentonville, Ark., said the company will ask the judge to vacatethe award. He said the store was aware that a document was servedin May but did not realize what it was.