Transgender Employee’s Rights Violated By Applebee’s Restaurant in New York, EEOC Says

The firing of a female employee allegedly because she complained about sexual harassment has resulted in her employer opposite the Equal Employment Opportunity Commission in an employment discrimination lawsuit.

The EEOC announced on Friday that it has filed this Title VII lawsuit against Apple Metro, Inc., which operates several dozen Applebee’s Neighborhood Bar & Grill restaurants in the New York City area. The alleged Title VII violation took place at the company’s Hawthorne, N.Y., restaurant, the EEOC said.

According to the EEOC’s complaint, Apple Metro staff made numerous crude and derogatory references to the employee’s transgender status, repeatedly and intentionally referred to her with a male name and male pronouns, and made offensive comments about her genitalia. After the employee complained to management about the harassment on several occasions, the company fired her.

“The law requires employers who receive reports of sex harassment to investigate and take action to stop any unlawful treatment of their employees,” said Kevin Berry, the EEOC’s New York District director. “That includes harassment of individuals because of their gender identity.”

“The EEOC is committed to protecting the rights of all employees under federal law, through litigation if necessary, so that employees can work with dignity,” said Jeffrey Burstein, regional attorney for the EEOC’s New York District Office.

 

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