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The Great EEOC Roundup: December Edition


As always, there are some recent EEOC cases that jump out at me when I review developments on that front.  Below are a couple EEOC cases and settlements that stand out.


Bojangles' to Pay $15,000 to Settle Sexual Harassment and Retaliation Suit

Bojangles' Restaurants, Inc. had a lawsuit filed against it in which the EEOC alleged that the company unlawfully subjected a transgender employee to a hostile work environment because of gender identity and then unlawfully terminated the employee for reporting the sexual harassment.  The suit alleged that Jonathan (De'Ashia) Wolfe, a transgender employee that worked at a Bojangles' location, was repeatedly subjected to offensive comments about her gender identity and appearance.  In fact, managers and assistant managers apparently demanded Wolfe behave and groom in ways that were stereotypically male (since Wolfe was born male), although Wolfe identified as a woman.  Although Wolfe reported the comments on several occasions, the harassment continued and Wolfe was subsequently terminated thereafter.  This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 which protects employees from sex discrimination (including harassment based upon gender identity and sexual orientation) and prohibits employers from retaliating against employees that complain about this discrimination.


Trinity Hospital to Pay $95,000 to Settle Pregnancy Discrimination & Disability Discrimination Suit

Recently, the EEOC announced that Trinity Health (d/b/a Trinity Hospital) would pay $95,000.00 to settle a pregnancy discrimination and disability discrimination claim suit filed by a pregnant nurse that had lifting restrictions because of a pregnancy related health condition.  In lieu of providing light duty work to the nurse as she requested, Trinity terminated her.  The suit alleged that Trinity violated Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act by not providing the nurse with accommodations for her lifting restrictions although evidence had been presented which showed that Trinity had provided light duty work to other nurses that were injured on the job. As noted, if an employer is accommodating an employee with restrictions that have arisen from a work place related injury, there may be a duty to provide that same accommodation to an employee with a restriction that has arisen out of a pregnancy.

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