EEOC Files Suit After Transgender Worker Subjected to Hostile Work Environment

A California-based contractor, Superior Automatic Sprinkler Company, has agreed to settle a lawsuit with the U.S. Equal Employment Opportunity Commission. According to the EEOC’s lawsuit, the company subjected a transgender worker with verbal harassment and physical threats due to his gender identity and sexual orientation. The worker also alleged that he was transferred to new worksites after reporting the harassment to superiors. In other words, he was targeted for retaliation. Ultimately, the employee says that he was “constructively discharged” because he did not feel safe enough to return to work.

The EEOC’s investigation found evidence confirming the alleged harassment. It also found evidence that the company failed to act on behalf of the transgender employee after he reported the misconduct to superiors.

Such conduct is in violation of Title VII of the Civil Rights Act of 1964 which prohibits discrimination based on sex, including gender nonconformity. Superior Automatic Sprinkler Company will have to make monetary restitution to the victim, revise its non-discrimination policies, conduct employee training, and provide additional training to managers and staff involved in investigating employee complaints related to discrimination and harassment.

Hostile work environment lawsuits 

Employers who enable harassment of their employees or the formation of a hostile work environment can be held financially liable for an employee’s damages. This includes financial damages related to job loss or lost opportunities. It also includes emotional damages related to the pain and suffering of having to endure an unsafe and intimidating work environment.

The EEOC defines harassment as unwelcome conduct based on an employee’s real or perceived race, color, religion, sex, sexual orientation, gender identity, pregnancy, national origin, age (if over 40), disability, or genetic information. Examples of harassment include physical or verbal threats, intimidation, ridicule, slurs, name-calling, offensive images, or any other conduct that interferes with an employee’s work performance.

The EEOC recommends that employees file a hostile work environment claim when the offensive conduct:

• Has become a condition of continued employment
• Is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive

The employer does not have to engage in harassment themselves to be liable. One of their employees or even customers can engage in harassing behavior. Employers are required to take appropriate steps to keep harassment from occurring in their workplaces. They are required to take immediate action against any individual who engages in harassment. When they fail, they can be sued as they were in the case mentioned above.

Talk to an Atlanta, GA Employee Rights Attorney Today

The Forsythe Law Firm, LLC represents the interests of employees who have faced discrimination or harassment in the workplace. You do not have to take the abuse as part of a condition for employment. You have a right to a workplace free of harassment and abuse. If you have suffered abusive conduct in the workplace, call our Atlanta employment lawyers today to schedule an appointment and learn more about how we can help.