Cherry Hill Employment Lawyers: Popular Restaurant Chain Sued for Sexual Harassment

The North Carolina-based fast food chain Bojangles Restaurants, Inc. is being sued for allegedly harassing, and then firing a transgender employee because of her gender identity. The Equal Employment Opportunity Commission (EEOC) filed a lawsuit against the restaurant for creating a hostile work environment, and for retaliating against the employee after she complained about being mistreated.

The employee was in the process of transitioning from male to female, but had already been presenting and identifying as a woman. As part of the harassing and belittling comments that were purportedly made towards her, the restaurant manager, and assistant managers demanded that she behave and dress in ways that were more stereotypically male. The situation escalated when she came to the restaurant dressed in women’s clothing. Not only was she told that she could not come back if she dressed that way, she was encouraged to seek God’s help. Ultimately, she was moved to another store, and then fired.

According to the EEOC, an individual may not harass another employee based on gender identity, or a failure to act in ways that are considered stereo-typically male or female. In a statement released in July, a regional attorney for the EEOC’s Charlotte district stated that Federal law prohibits sex discrimination in the workplace. All employees, regardless of sexual identity, have the right to work in an environment without being harassed or verbally attacked.

 Violation of Federal and State Laws

 Title VII of the Civil Rights Act of 1964 protects employees from sex discrimination and harassment. In addition, Title VII forbids employers from retaliating against an employee who has filed a complaint about being discriminated against in the workplace.

In New Jersey, there is a state law that protects New Jersey employees from discrimination in the workplace. The New Jersey Law Against Discrimination (NJLAD) prohibits discrimination or harassment in the workplace based on a worker’s race, national origin, age, sex, gender identification, sexual orientation, marital status, religion, disability, pregnancy or military status.

Cherry Hill Employment Lawyers at McOmber McOmber & Luber, P.C. Protect the Rights of Transgender Workers

If you have been harassed in the workplace because of your gender or gender identity, it is a violation of your civil rights. Cherry Hill employment lawyers at McOmber McOmber & Luber, P.C. will fight hard to ensure that those rights are protected and that the individuals who violated those rights are held accountable. We will aggressively pursue the maximum financial compensation you deserve so that you can recover both financially and emotionally from the ordeal. For a free consultation, call us today at (888) 396-0736 or contact us online. Our offices are located in Marlton, New Jersey and Middletown, New Jersey.