Employer Sued for Gender Identity Discrimination and Harassment
The United States Equal Employment Opportunity Commission (EEOC) has initiated legal action against Sis-Bro’s, an Illinois hog farm, for allegedly violating federal laws associated with gender identity discrimination and harassment. This case highlights the continuing struggle for transgender rights within the workplace, serving as a reminder of the protections federal law provides to employees against discrimination based on sex, including gender identity.
In 2018, an employee at Sis-Bro’s began her gender transition from male to female. Following her decision to transition, it is reported that she became the target of frequent and derogatory comments made by a co-owner of the farm. The co-owner is accused of refusing to acknowledge the employee by her chosen name, instead using her former name, and making reductive statements about her gender identity. The lawsuit details that the co-owner also criticized the employee’s use of health insurance and leave for gender-affirming care.
Additionally, the lawsuit outlines a series of allegations involving another employee who engaged in overtly aggressive sexual harassment. The accused is said to have exposed himself to the targeted employee, made attempts to physically touch her without consent, and consistently delivered unwanted comments and sexual advances towards her. This behavior reportedly took place openly, in the presence of other employees, further compounding the targeted individual’s distress.
Complicating matters, Sis-Bro’s is alleged to have had no official policy in place for reporting harassment, leaving employees without a clear avenue to seek help or resolution. Even when the harassment was reported to the co-owner, no action was purportedly taken to address or mitigate the situation. As a result, the targeted employee felt she had no choice but to resign from her position.
Title VII of the Civil Rights Act is designed to protect employees from harassment and discrimination based on sex, which the law recognizes to include gender identity. The EEOC’s decision to sue Sis-Bro’s underlines the federal commitment to enforcing these protections and ensuring that the workplace is safe for everyone, regardless of gender identity.
The lawsuit further emphasizes the necessity for employers, especially those with 15 or more employees who are bound by Title VII, to cultivate an environment that is not only free from discrimination but actively prevents harassment. This commitment includes the implementation of policies designed to shield employees from gender identity and sexual harassment, establishing clear procedures for reporting such incidents, and taking immediate and effective action when violations are reported.
Virginia law similarly mandates nondiscrimination protections under the Virginia Human Rights Act, which applies to employers with six or more employees. This state legislation explicitly includes discrimination based on gender identity among its provisions, demonstrating a broader trend towards more inclusive workplace protective measures.
For employers, this case serves as a critical reminder of their obligation to foster a workplace environment where all employees, including those who are transgender or in the midst of a gender transition, feel safe and respected. It highlights the importance of proactive measures such as developing and enforcing policies against discrimination and harassment, creating effective complaint and investigation procedures, and educating all members of the workforce on these policies and procedures.
The pursuit of a discrimination-free workplace is not only a legal requirement but a fundamental aspect of fostering respect, dignity, and equality for all individuals. As this lawsuit progresses, it will undoubtedly continue to shed light on the ongoing efforts to protect the rights of transgender employees and underscore the importance of employer compliance with federal and state anti-discrimination laws.
