
In the IFCO Systems case
(Case No. 1:16-cv-00595), the EEOC alleges that plaintiff Yolanda Boone, a
lesbian woman, began to experience discrimination approximately three months
after being hired by the defendant
IFCO in 2013. Allegedly, Boone’s shift manager requested that she work
some night shift hours and “almost as soon as Boone began working the night
shift, [the manager] began harassing Boone on a weekly basis, making comments
such as ‘I want to turn you back into a woman,’ ‘I want you to like men again,’
[and] ‘You would look good in a dress.’” The EEOC alleges that no action
was taken by the defendant to remedy the situation when Boone complained
and that Boone was fired in retaliation for her complaints.
These lawsuits are the latest
action by the EEOC to promote, consistent with its strategic plan, coverage of LGBTQ individuals under Title VII’s sex
discrimination provisions. While the U.S. Supreme Court has held that
same sex harassment is prohibited by Title VII throughout the country, there is
not similar authority on whether Title VII prohibits discrimination based on
sexual orientation and this remains unsettled under federal law.
Employers should be mindful, however, that Minnesota
and a number of other states have state laws that expressly prohibit
discrimination on the basis of sexual orientation. In addition, some states,
including Minnesota, also prohibit gender identity discrimination in
employment. As the push for federal protection on these fronts continues,
the EEOC’s actions are an important reminder to employers to assess their legal
obligations in this area. While certain religious employers may be exempt
from sexual orientation and gender identity discrimination laws, it is important
for all employers to confirm their obligations and, as appropriate, to update
policies and training related to workplace discrimination and harassment.
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