Will the Equal Employment Opportunity Commission stick to its view formulated in recent years that sex discrimination under Title VII of the 1964 Civil Rights Act includes discrimination against employees based on their sexual orientation?
We will have to see what the Trump Administration’s view is, but as of today the EEOC is sticking to its enforcement guns, announcing it has filed a Title VII lawsuit alleging that a wine bar and restaurant in Scottsdale, Arizona, subjected two of its male employees to a hostile work environment based on sexual orientation.
According to the EEOC, 5th & Wine allowed its management and line staff to harass two male servers based on their actual and perceived sexual orientation. The alleged harassment included egregious name calling, comments, innuendos and touching. Although the two employees complained to their supervisors, the supervisors did nothing about the conduct, and, in some instances, actually participated in the harassment, according to the federal agency. When one of the employees mentioned that he planned on taking legal action against 5th & Wine, the company fired him.