Transgender employee harassed on first day of work and fired the next day, EEOC claims

Diving certificate:

• The owners of a Holiday Inn Express in Jamestown, New York, created a hostile work environment that failed to remedy A transgender employee was fired Shortly after reporting a supervisor’s harassing comments and mistreatment, U.S. Equal Employment Opportunity alleged in a Sept. 25 lawsuit.
• According to the lawsuit against Boxwood Hotels, LLC and affiliated companies, the harassment began on the employee’s first day of work. A housekeeping manager “repeatedly and intentionally mistreated and dehumanized” the plaintiff, EEOC alleged. The employee reported the supervisor’s behavior to the front desk and hotel managers, who said they would speak to the supervisor.
• EEOC alleged the employee was informed by hotel management the next day that the supervisor denied the alleged behavior and “needed more time to adjust to working with a transgender colleague.” When the employee suggested a meeting to discuss the issue, management declined and the CEO told the employee that the position “may not be a good fit for the plaintiff” and informed him that his services “were no longer needed,” he said EEOC.

Insight into the dive:

The agency sued Boxwood Hotels for sex discrimination in violation of Title VII of the Civil Rights Act. This is the latest in a series of lawsuits this year targeting harassment of transgender employees in the workplace.

In July, for example EEOC has entered into a settlement agreement with a construction contractor whose supervisors and colleagues allegedly attacked a transgender employee with verbal harassment and physical threats. months before, The agency sued a pig farm in Illinois alleging that a co-owner insulted a transgender employee and made derogatory comments about him. In the latter case, a legal dispute remains.

To a Harassment Claim Under Title VIIUnder EEOC guidelines, an employee must demonstrate that the conduct is serious or pervasive enough to create a work environment that a reasonable person would find intimidating, hostile or offensive. To avoid liability, an employer must demonstrate that it reasonably attempted to prevent and promptly correct the harassment and demonstrate that the employee unreasonably failed to take advantage of the prevention or corrective opportunities offered by the employer.

According to the EEOC complaint, the employee filed his complaint with hotel management as well as InterContinental Hotels Group, the company that licensed the franchise. IHG advised the employee that the franchise location handles such complaints, the complaint says. An IHG spokesman did not comment on the lawsuit.

“Preventing and eliminating discrimination against LGBTQI+ people remains central to the EEOC,” Kimberly Cruz, regional attorney for the EEOC’s New York District Office, said in a statement Agency press release. “Persistent harassment based on transgender status is not, and should not be, a condition of employment.”

This year also marked the release of EEOC the agency’s final guidance on harassment enforcementwhich has been updated to reflect the 2020 U.S. Supreme Court decision that found discrimination based on sexual orientation or gender identity constitutes sex discrimination under Title VII. The guidance that has been challenged by several state governments And religious unitsidentified misgendering and similar behavior as examples of unlawful harassment.

The public visibility of transgender people and issues has increased significantly in recent years, but that doesn’t always mean education can keep up, sources previously told HR Dive. Employers may be able to take action Better support for the inclusion of transgender employees This ranges from combating disinformation and misinformation to creating a culture of respect.