TONAWANDA, N.Y. — The US Equal Employment Opportunity Commission filed a lawsuit against TC Wheelers Bar and Pizzeria.
It claims management and employees repeatedly harassed a cook who is a transgender male.
The EEOC claims that beginning in 2021, the cook was repeatedly asked invasive questions about their transition, was intentionally misgendered, and subjected to remarks that equated being transgender to pedophilia.
The cook claims they were forced to quit because of a hostile work environment.
“Everyone, regardless of their gender identity, deserves to work in an environment free from harassment,” Jeffrey Burstein, regional attorney for the EEOC’s New York District Office, said in a press release.
“This lawsuit makes clear that the EEOC will not tolerate workplace harassment of transgender individuals.”
In the release from EEOC, it states that the employee talked to management, but they allegedly did not do anything to protect him from all levels of staff, including owners, managers, and line employees.
“This new lawsuit, filed one day before Transgender Day of Visibility, reflects the EEOC’s longstanding commitment to protecting transgender persons from employment discrimination, including the type of egregious harassment alleged in this case,” EEOC Chair Charlotte A. Burrows said in a released statement.
“In the current climate, where transgender individuals face increasing attacks on their rights and basic humanity, the EEOC will vigorously enforce the Supreme Court’s holding in Bostock that discrimination against transgender workers violates the law.”
EEOC New York Acting District Director Timothy Riera in the release added, “Employers must understand that Title VII protects employees from discrimination based upon gender identity and that they have a responsibility to prevent such discrimination from occurring. Employers should handle complaints of harassment seriously and take measures to prevent such abuse. If they fail to do so, the EEOC stands at the ready to enforce federal law.”
We reached out to the owners for comment but have not heard back.