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January 29, 2024
Earlier this week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it reached a settlement with a bar/pizzeria in New York in a sex harassment lawsuit.[1] The EEOC alleged that the pizzeria subjected a transgender cook to sex discrimination when it created and maintained a hostile work environment because of his transgender status and constructively discharged him.
In the lawsuit, the EEOC alleged that the pizzeria hired a transgender man, Quinn, who, at his interview, presented as a male and who, after his interview, told the owner that he used male pronouns. Among other things, the owner is alleged to have (1) made remarks about Quinn’s genitalia; (2) told Quinn that he was “not a real man”; (3) regularly asked invasive questions about his transition; and (4) told Quinn that he did not approve of Quinn being transgender. In addition, Quinn’s managers and coworkers are alleged to have (a) openly equated being transgender to pedophilia; (b) asked questions about his genitalia; (c) said, “she’s a she”; and (d) refused to accept that his name is Quinn.
Quinn advised the owner, managers, and coworkers that their comments were unwelcome and offensive. Even after he reported the harassment to his supervisor, the harassment continued. Ultimately, Quinn felt compelled to resign.
The EEOC alleged that the pizzeria intentionally misgendered Quinn by using female pronouns. The EEOC further alleged that the pizzeria had no process to report harassment and provided no training on how to report or respond to harassment or complaints about it.
The pizzeria denied all allegations.
Under the three-year decree settling the suit, the pizzeria will pay Quinn $25,000 in damages; implement and enforce equal employment opportunity policies, including prohibiting discrimination and harassment towards transgender persons; hire independent human resources personnel to supervise and investigate all employee complaints; train all owners, managers, and employees on federal anti-discrimination employment laws, with a special emphasis on issues relating to gender identity and expression; provide annual reports to the EEOC regarding its implementation of the decree; and allow the EEOC to inspect the company’s business records and premises to ensure compliance.
Employers: Equal employment opportunity (EEO) policies – and training about them – are important no matter the nature or size of your business. If you have EEO policies, but have not updated them in a while, we can help. Your EEO policies and training should expressly address the fact that sexual orientation, gender identity, and gender expression are protected characteristics. Misgendering employees is a serious mistake.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
[1] The lawsuit was EEOC v. T C Wheelers, Inc., No. 1:23-cv-00286-JLS-LGF (W.D.N.Y.)
