Employer in New York Pays $25,000 to Settle Sexual Harassment Lawsuit

On January 22nd, 2024, the United States Equal Employment Opportunity Commission announced that T.C. Wheelers—a company doing business as Tonawanda Pizzeria—will pay $25,000 to resolve a case brought on behalf of a transgender employee who was subject to unlawful sexual harassment based on their gender identity. In this article, our New York City sexual harassment lawyer discusses the settlement and core legal issues in more detail.

Settlement: Transgender Employee Subject to Sexual Harassment 

Tonawanda Pizzeria—a business located in Erie County—has agreed to settle a sex-based harassment lawsuit with the EEOC. As part of the comprehensive settlement agreement, the employer will pay the affected employee $25,000 and implement other corrective measures. According to the allegations raised in the complaint, the restaurant’s owners and several staff subjected a transgender man to verbal harassment on the basis of gender identity—including derogatory remarks about his transgender status and inappropriate questions about his transition. Beyond that, the EEOC contends that the owners of the company are intentionally misgendering the employee. Despite reporting the issues to management, the sexual harassment on the basis of gender persisted and, eventually, the employee was forced to resign.

 Gender Identity is a Protected Status Under State and Federal Law

 By definition, harassment on the basis of gender identity or gender expression is a form of sex-based discrimination. Notably, gender identity and gender expression are both legally protected characteristics that are covered by New York law (New York State Human Rights Law) and federal law (Title VII of the Civil Rights Act).

 Three Steps to Take If You Were Subject to Gender Identity Harassment in New York 

Were you or your family member the victim of gender identity harassment in New York City or elsewhere in the surrounding area? Here are three steps to take:

1. Report to the Violation: If you feel safe and protected in doing so, immediately report the harassment to your employer. You should follow the company’s established procedures. Workers covered by the New York State Human Rights Law are protected against retaliation.
2. Document the Harassment: Documentation is key in employment law claims. Keep a detailed record of all incidents of harassment, including dates, times, places, and the names of those involved or witnesses.
3. Get Professional Help: You do not have to navigate the legal claims process alone. Consult with a top New York City sexual harassment lawyer who has experience handling gender identity harassment cases. Your lawyer will determine the best course of action.

 Consult With Our New York City Sexual Harassment Attorney Today

At Poulos LoPiccolo PC, our New York employee rights attorney has the skills and experience to take on all types of workplace sexual harassment claims. If you were subject to sexual harassment while on the job, we are here to help. Contact us today to set up your confidential case review. With an office in Manhattan, our firm handles sexual harassment cases throughout New York City.

Source:

eeoc.gov/newsroom/tc-wheelers-pay-25000-settle-eeoc-sex-harassment-lawsuit