NEW YORK — The American Civil Liberties Union (ACLU) is attempting to represent two employees in a lawsuit involving allegations of gender identity discrimination. This comes after a federal agency responsible for enforcing civil rights decided to pull back from the case in light of a directive from President Donald Trump limiting the recognition of transgender rights.
The lawsuit targets a Culver’s restaurant located in Clarkston, Michigan. It is one of seven cases the Equal Employment Opportunity Commission (EEOC) has moved to dismiss, citing conflicts with Trump’s executive order. This order mandates governmental recognition of only the male and female sexes and requires federal bodies to adapt to these guidelines.
The EEOC filed for dismissal of the Culver’s lawsuit a mere four months after initiating it, following a comprehensive investigation. Andrea Lucas, Acting Chair of the EEOC, refrained from commenting on the litigation drop. However, she asserted the agency’s commitment to adhere strictly to the President’s orders.
The case claims Culver’s terminated the employment of a transgender man, Asher Lucas, alongside two female workers, Regina Zaviski and Savannah Nurme-Robinson. This action allegedly followed their disclosures about mistreatment, where another employee reportedly harassed and misgendered Lucas. Despite managerial warnings to the offending employee, the harassment continued, leading to their dismissals.
On Thursday, the ACLU filed a motion to intervene for Zaviski and Nurme-Robinson, while Lucas, meanwhile, had chosen to pursue the lawsuit independently. “If this administration doesn’t protect the rights of transgender individuals and their supporters, we will,” proclaimed Syeda Davidson, an attorney with the ACLU in Michigan.
A legal representative for Culver’s has yet to provide comments. Culver’s denies any discriminatory actions in its official responses.
Lucas, fearing a lack of support from the EEOC post-election, filed an independent motion to continue his legal course in November as noted by his legal counsel, Angela Mannarino. Lucas, 21, expressed his resolve to champion the cause for transgender individuals to prevent reoccurrences of similar injustices.
The EEOC’s decision to forgo the seven cases marks a significant shift in its previous stance on civil rights interpretations. Last year, in alignment with a Supreme Court ruling that safeguarded LGBT protections under labor laws, it updated guidelines to define deliberate pronoun misuse and denial of appropriate restroom access as harassment.
The EEOC customarily handles workplace discrimination cases initially. After processing, employees can opt to pursue cases independently; however, this strips them of the agency’s investigative assistance and places the financial burden of litigation on them.
Lucas, serving as acting chair, emphasized a commitment to uphold the biological and binary definitions of sex within the workplace parameters. Simultaneously, she assured that the EEOC remains open to accepting all discrimination complaints but advised those potentially conflicting with the executive order to undergo additional scrutiny.
In the fiscal year 2023, more than 3,000 claims concerning discrimination based on sexual orientation or gender identity were filed with the EEOC.
