The Associated press reported that the Equal Employment Opportunity Commission (EEOC) has sued on behalf of employees challenging sexual orientation discrimination for the first time. The agency alleges that two companies’ employees were harassed because of their sexual orientation.
The Lawsuits
The EEOC Philadelphia office filed a lawsuit against Scott Medical Health Center after a gay employee quit when his supervisor used anti-homosexual slurs in the workplace. The EEOC also filed a second separate lawsuit in Baltimore following the termination of a lesbian employee of Pallet Companies (a subsidiary of IFCO Systems NA). The employee complained her manager made comments about both her sexual orientation and her appearance. The employee, Yolanda Boone, whose sexual orientation was known to her co-workers, said her supervisor made numerous comments regarding her orientation and appearance, including “I want to turn you back into a woman” and “You would look good in a dress,” according to the lawsuit. The lawsuit also states that Ms. Boone’s supervisor blew a kiss at her and stuck out his tongue in a suggestive manner, the EEOC alleges in the lawsuit.
The Baltimore lawsuit indicates Ms. Boone was hired in September 2013 as a forklift operator. She was apparently harassed for weeks while working the night shift, according to the lawsuit. The lawsuit further contends that Ms. Boone’s supervisor harassed her because he “objected generally to females having romantic and sexual associations with other females, and objected specifically to Boone’s close, loving association with her female partner,” the lawsuit said.
The company, through its regional general counsel, Jay Frye, responded, “We strongly disagree with the allegations made in the lawsuit…While we cannot comment publicly on this matter, we will vigorously defend against this litigation.” He further stated “Pallet Companies is committed to providing a work environment in which everyone is treated fairly and with respect, regardless of sexual orientation, sexual identity, gender, race, nationality, age, disability, religion, marital status or political opinion.”
David Lopez, the EEOC General Counsel, stated the Agency is “committed to ensuring people aren’t discriminated against in workplaces because of their sexual orientations.” According to the EEOC, the agency filed both lawsuits after failing to reach settlements with the employers.
The Law
The Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion, but does not speak to sexual orientation. In these two novel lawsuits, the EEOC contends that discrimination based on sexual orientation is covered by the prohibition against discrimination based on sex.
Nancy Modesitt, an associate law professor at the University of Baltimore School of Law, reported that courts have recognized discrimination in cases based on gender stereotyping, but the EEOC is attempting to take that farther.
Over 30 states, including Maryland, prohibit employers from discriminating against at least some members of the lesbian, gay, bisexual and transgender community in the workplace, but the legislation is uneven. Additionally, hundreds of companies have voluntarily adopted internal policies prohibiting discrimination based on sexual orientation and gender identity. Again, no federal statute currently speaks to such protections.
The EEOC’s national strategic plan makes it a priority to address problems that lesbian, gay, bisexual and transgender employees face in the workplace.
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