Empowering Change: T.C. Wheelers Resolves EEOC Lawsuit with a Commitment to Inclusivity

T.C. Wheelers, Inc., operating as T.C. Wheelers Bar & Pizzeria in Tonawanda, New York, has agreed to a $25,000 settlement and additional measures to resolve a sex-based harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit centered around allegations that a transgender cook, Quinn Gambino, was subjected to a hostile work environment based on gender identity.

Background:

According to the EEOC's lawsuit, Quinn Gambino, a transgender man, faced verbal harassment from the owners and staff of the restaurant. The harassment involved crude and derogatory references to Gambino's transgender status, including questioning his identity as a "real man" and invasive inquiries about his transition and genitalia. The EEOC further alleged that the owners intentionally misgendered Gambino by using female pronouns and failed to address similar behavior from employees and customers. Despite reporting the harassment multiple times, Gambino felt compelled to resign due to the persistence of the inappropriate conduct.

Violation of Title VII:

The alleged conduct was found to be in infringement of Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, encompassing gender identity and expression. The EEOC pursued legal action in the U.S. District Court for the Western District of New York after attempts to reach a pre-litigation settlement through conciliation proved unsuccessful.

Settlement Terms:

As part of the three-year decree settling the lawsuit, T.C. Wheelers has agreed to pay Gambino $25,000 in back pay and compensatory damages. Importantly, the restaurant will implement and enforce equal employment opportunity policies, demonstrating a strong commitment to preventing unlawful sex discrimination and harassment, particularly towards transgender individuals. To ensure compliance, an independent human resources monitor will be appointed by T.C. Wheelers to supervise and investigate employee complaints.

Additionally, all owners, managers, and employees must undergo training on federal anti-discrimination employment laws, specifically focusing on gender identity and expression issues. Through its independent human resource monitor, T.C. Wheelers will provide annual reports to the EEOC on implementing these measures. The EEOC retains the right to inspect the company's business records and premises to verify compliance.

Statement from the EEOC:

Jeffrey Burstein, attorney for the EEOC's New York District Office, expressed appreciation for T.C. Wheeler's commitment to settling the lawsuit and implementing proactive changes. He emphasized the effective resolution achieved, compensating Gambino and contributing to a fair treatment environment for transgender employees in the future.

Yaw Gyebi, Jr., EEOC New York District Director, highlighted the agency's dedication to protecting members of the LGBTQIA+ community. He reassured the commitment to ensuring transgender employees receive the complete benefit of federal anti-discrimination laws across all industries.

This settlement reflects a step towards fostering inclusive workplaces and upholding the rights of employees, emphasizing the importance of a workplace environment free from discrimination and harassment.