The Equal Employment Opportunity Commission filed a lawsuit on behalf of a transgender woman, who claims her employer Bojangles Restaurant Inc. discriminated against her sexuality and harassed her during her employment.
The EEOC claims Bojangles violated Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991, when the plaintiff, formerly a man, was subjected to a hostile work environment because of her chosen gender identity.
Gender Discrimination Case Details and Allegations
The following gender discrimination case details and allegations were made public in news reports and court documents:1
- In 2012, the plaintiff Jonathan Wolfe began working as a biscuit maker at Bojangles on Owen Drive in Fayetteville, NC.
- The plaintiff wore makeup and artificial fingernails at the outset of his employment.
- According to the plaintiff’s complaint, Wolfe’s supervisor made condescending remarks about her effeminate mannerisms and said she was not welcome at the store on her days off, if she dressed up as a woman.
- Immediately following that incident, another supervisor told Wolfe she could not wear false fingernails or makeup while working her shift.
- In January 2013, the plaintiff says she changed positions to cashier and was told by the supervisor that she had to start walking, talking and acting like a male.
- Soon after that incident, Wolfe said she came to work with hair braided extensions and was told by the supervisor that she would be fired if she didn’t get them removed.
- The plaintiff claims she brought complaints several times to the management, but was ignored every time and no action was taken.
- After repeated attempts to complain about her supervisors to management, she was involuntarily transferred to another Bojangles store, which she refused.
- Several days later, she entered the store where she worked as a customer and was asked to leave the premise. Wolfe allegedly took action to call the Bojangles employee hotline.
- According to the lawsuit, immediately following the employee hotline phone call, her supervisor informed her that she was fired.
- Bojangles alleges that Wolfe was terminated based on insubordination and not sex discrimination or any other misconduct.
- The plaintiff’s lawyers are seeking back pay, damages, and a court order prohibiting Bojangles’ and its employees from harassive and discriminatory behaviors.
What is Sex-Based Discrimination in the Workplace?
As defined by the EEOC, sex-based discrimination is:
“[Anything that] involves treating someone (an applicant or employee) unfavorably because of that person’s sex. … Discrimination against an individual because of gender identity, including transgender status, or because of sexual orientation is discrimination because of sex in violation of Title VII.”
Contact a Sherman Oaks Discrimination Lawyer at Koron & Podolsky, LLP
Have you or a loved one been discriminated against because of your gender identity or transgender status? If so, contact a Sherman Oaks Employment Lawyer at Koron & Podolsky, LLP to find out more about your options for justice and possible compensation, if you are awarded damages. Known for providing all our clients with aggressive legal advocacy, our discrimination lawyers will tear the veil wide open on discrimination abuses.
For a free initial consultation on how our discrimination lawyer can help your case, call us today at 818-380-3077, or email us using the contact form on this page for more information about your potential case and how to proceed. From Sherman Oaks, our lawyers provide superior representation to people throughout Los Angeles County, Orange County, Ventura County, and the state of California.
1“Lawsuit filed against Bojangles’ for treatment of transgender Fayetteville employee” published in WRAL.com, July 2016.