The United States Equal Employment Opportunity Commission uncovered that a major Midwest fast-food chain misgendered, deadnamed, and fired an employee following a complaint of gender identity discrimination.

On October 25, 2024, the United States Equal Employment Opportunity Commission (EEOC) announced that a lawsuit had been filed against five entities operating fast-food restaurants in Michigan. The lawsuit, filed in the United States District Court for the Eastern District of Michigan, claims that a transgender employee and three of his co-workers were fired after complaining about harassment. This case highlights the EEOC’s commitment to addressing gender identity harassment and discrimination, as reflected in in the agency’s 2024 Enforcement Guidance on Harassment in the Workplace.

Evidence Reveals Disturbing Treatment of Employee

According to the complaint in EEOC v. Brik Enterprises Inc., et al, Case No. 24-cv-12817, two employees repeatedly and purposefully misgendered Asher Lucas, a transgender shift managerThe lawsuit alleges that three colleagues witnessed hostile comments from anti-gay and transgender individuals directed at Lucas. All four employees reported this gender identity harassment, but management did nothing to stop it. Instead, the discrimination worsened, with one employee using Lucas’s birthname to “deadname” him and encouraging others to do the same.

Further Complaints by Employees Lead to Allegations of Retaliation

Lucas’ complaint alleges that after the employees complained again to their general manager about the gender identity harassment, the company fired all four employees the next day instead of investigating the issue. Section 9 of the EEOC’s 2024 Enforcement Guidance focuses on retaliation, and the agency’s Enforcement and Litigation Statistics highlight the prevalence of retaliation following complaints of harassment and/or discrimination. For this reason, it’s crucial to conduct thorough and proper investigations following such complaints and to train managers to avoid taking adverse actions in the wake of a complaint. The EEOC is focusing on all forms of harassment and discrimination, but the agency has shown in 2024 that it is much more likely to pursue lawsuits when retaliation accompanies harassment and discrimination.

Gender Identity Harassment in Focus Following 2020 Supreme Court Decision

For years, state fair employment laws (such as California’s Fair Employment and Housing Act) have prohibited harassment and discrimination based on sexual orientation. These states also have regulations specifically prohibiting harassment and discrimination based on gender identity and gender expression. However, under Title VII of the Civil Rights Act of 1964 this issue was an open question of law in the Federal Appellate Circuits. The question was closed in June 2020 when the United States Supreme Court held in Bostock v. Clayton County that sexual orientation discrimination and gender identity discrimination were illegal sex discrimination under Title VII.

The Supreme Court’s decision rendered gender identity harassment and discrimination illegal under federal law and created a point of emphasis for the United States EEOC. Organizations had long looked the other way when LGBTQ employees in states without specific statutes were subjected to discrimination and/or harassment. Since 2020, the EEOC has released specific press releases and guidance emphasizing this topic, including advice on recognizing this form of discrimination. The 2024 Enforcement Guidance also provides specific examples of misconduct and stresses the need for employers to educate their workforce about the illegality of gender identity harassment and discrimination.

Sexual Harassment Training is Critical, but Training Programs Must be Comprehensive

A comprehensive sexual harassment training program is critical for compliance and cultural reasons across organizations of all sizes Focusing on just harassment misses an important part of the equation. As highlighted by the EEOC’s Lucas lawsuit, it is critical for employers to train their workforce on all key fair employment law issues, including:

• discrimination
• retaliation
• corrective action
• investigations
• bystander intervention
• resolution of complaints

and any other issues that managers and bystanders may encounter in the workplace. Failing to do so is not only a compliance risk but also significantly impacts workplace culture and the ability to attract and retain quality talent from diverse backgrounds.

Providing comprehensive education will keep your organization compliant with mandatory training laws and equip your employees with valuable skills for both their professional and personal lives. Remember, investing time in training employees correctly can enrich their work and private lives, making it a valuable investment in your culture.

Mitratech is Ready and Willing to Aid You in Your Training Efforts

Ready to empower your employees with convenient, remote training solutions? Let’s connect or learn more about our offerings. We look forward to partnering with you in your efforts to eradicate harassment, both in the workplace and in the public.