Hotel Employee Was Fired for “Feminine” Style, Lawsuit Claims
The lawsuit is one of two brought by the EEOC against businesses whose LGBTQ employees claim they were harassed or fired for being gay.
The U.S. Equal Employment Opportunity Commission has filed a lawsuit on behalf of an Alabama hotel employee who was fired after his bosses learned he was gay and saw him dressed in a style that they felt was “feminine.”
According to the lawsuit, filed earlier this month in the U.S. District Court for the Middle District of Alabama, the employee, referred to as “D.A.” in charging documents, was working as a night auditor at the Home2 Suites by Hilton hotel in Dothan, Alabama.
D.A., who identifies as gay and nonbinary but was assigned male at birth, initially wore clothing and dressed in a manner consistent with traditional male stereotypes when he was first hired.
However, shortly after being hired, D.A. was called to a meeting outside of his regular working hours.
D.A. presented themselves in a “feminine” manner, wearing capri cut joggers, pink nail polish, and had styled their hair in box braids.
Although the meeting was productive, the lawsuit alleges that one of the co-owners of the hotel, Hitesh Patel, saw D.A. dressed in ways that defied traditional gender stereotypes and demanded that the assistant general manager tell D.A. to change his hairstyle.
The assistant manager refused, warning Patel that taking those actions could be viewed as discriminatory. Patel then told the assistant manager that D.A. should be “hidden” and forced to work only night shifts due to their appearance.
The lawsuit alleges that the assistant manager then informed Nisha Patel, the hotel’s co-owner, of the decisions surrounding D.A.’s scheduling, revealing that D.A. was nonbinary and gay, and does not conform to traditional gender norms. Seven hours later, Nisha Patel texted D.A., informing them that they were fired.
D.A. filed a complaint with the U.S. Equal Employment Opportunity Commission, which investigated.
After determining that D.A. had reason to believe they were fired due to their sexual orientation and gender identity, the EEOC attempted to reach a settlement with Harmony Hospitality, LLC, the hotel management company overseeing the Home2 Suites by Hilton.
After the EEOC and the management company were unable to settle, the EEOC filed a lawsuit on D.A.’s behalf.
The EEOC claims that D.A. was fired on account of their sex, sexual orientation, gender identity, and failure to adhere to male gender stereotypes, in violation of Title VII, which prohibits discrimination on the basis of LGBTQ identity.
The lawsuit also claims that the initial reason given for D.A.’s firing was false.
“It is illegal for an employer to fire an employee because of their sex,” Bradley Anderson, director of the EEOC’s Birmingham District, said in a statement. “Title VII’s prohibition on sex discrimination bars discrimination based on an employee’s sexual orientation, gender identity, or departure from gender stereotypes.”
“Federal law guarantees all employees equal employment opportunity regardless of their sexual orientation or gender identity,” added Marsha Rucker, a regional attorney for the EEOC’s Birmingham District.
In addition to Harmony Hospitality, the EEOC is also suing another business, LAS Hardwoods, a flooring company over alleged verbal and physical harassment of a sales associate in Illinois from July 2020 to February 2022.
The employee in that case, K.S., was frequently subjected to harassment due to his sexual orientation at the hands of co-workers and superiors. K.S. reported being asked if he was “gay” and “liked boys,” and mocked for having a “boyfriend.”
He was routinely subjected to ridicule for his allegedly “feminine” mannerisms, clothing, accessories, hairstyle, personal grooming habits, speech, and handwriting, which were allegedly indicative of his sexual orientation.
K.S. claims he was regularly referred to by slurs such as “pedał,” the Polish language equivalent of “f****t,” and “lalus,” the Polish language equivalent of “girly girl.” This behavior even took place in front of customers, causing K.S. embarrassment.
On one occasion, K.S. was tied to a chair, where someone wrote “I am Gaylord” on his chest. He was spun around in the chair while co-workers allegedly took photos and video of the incident. He was then left alone, tied to the chair, until he was able to free himself.
The lawsuit alleges that despite K.S. complaining about the harassment, LAS Hardwoods failed to take sufficient action. The EEOC claims the company did not have any anti-discrimination or anti-harassment policies in place, and failed to provide training for employees warning them not to engage in discrimination or harassment.
“During this Pride month, we want workers to know that they should be able to work in any job without fear of being harassed or fired because of who they are or who they love,” EEOC General Counsel Karla Gilbride said in a statement. “Federal civil rights law, as interpreted by the Supreme Court in Bostock v. Clayton County, makes it illegal to discriminate against an employee for their sexual orientation or gender identity, and the EEOC will vigorously enforce those protections.”
Support Metro Weekly’s Journalism
These are challenging times for news organizations. And yet it’s crucial we stay active and provide vital resources and information to both our local readers and the world. So won’t you please take a moment and consider supporting Metro Weekly with a membership? For as little as $5 a month, you can help ensure Metro Weekly magazine and MetroWeekly.com remain free, viable resources as we provide the best, most diverse, culturally-resonant LGBTQ coverage in both the D.C. region and around the world. Memberships come with exclusive perks and discounts, your own personal digital delivery of each week’s magazine (and an archive), access to our Member's Lounge when it launches this fall, and exclusive members-only items like Metro Weekly Membership Mugs and Tote Bags! Check out all our membership levels here and please join us today!
You must be logged in to post a comment.