The Equal Employment Opportunity Commission (EEOC) has filed a motion to dismiss its own lawsuit against Harmony Hospitality LLC, the operator of a Home2 Suites by Hilton hotel in Dothan, Alabama. This development comes just eight months after the agency initiated legal action concerning the alleged wrongful termination of an employee based on sexual orientation and gender identity.
The employee, who identified as nonbinary and gay, worked as a night auditor and reportedly dressed in a manner that conformed to male gender norms at work. However, during a meeting scheduled outside of work hours, he wore clothing that included capri-cut joggers and painted nails, prompting concerns from management regarding his appearance.
According to the lawsuit, after management learned of the employee’s gender identity and sexual orientation, the co-owner stated he needed to be “hidden” due to his appearance, leading to his termination via text just seven hours later.
The lawsuit alleges that Harmony Hospitality violated Title VII of the Civil Rights Act of 1964 by terminating the worker specifically for his sex, sexual orientation, gender identity, and for not conforming to traditional male gender stereotypes.
The EEOC’s recent request to dismiss this case represents a significant shift from its previous stance on civil rights protections, particularly following the Trump administration’s decision to redefine gender issues under federal law.
In stark contrast to a landmark ruling from a decade ago, when the agency established that a transgender employee was discriminated against for not being addressed by her preferred pronouns, the current EEOC’s guidance appears to align with the administration’s executive orders emphasizing a binary understanding of sex.
David Lopez, a former EEOC General Counsel, criticized the agency’s inaction, calling it “unprecedented” and “discriminatory.” He highlighted the failure of the EEOC to protect a vulnerable group as a troubling sign for equal rights enforcement.
Recent leadership changes within the EEOC have raised concerns about the agency’s commitment to enforcing anti-discrimination laws. The dismissals of two Democratic commissioners by Trump, prior to their term expirations, alongside the termination of EEOC General Counsel Karla Gilbride, have shifted the agency’s focus towards enforcing the administration’s interpretation of gender rights.
Acting EEOC Chair Andrea Lucas has publicly committed to upholding the administration’s policies, stating her priority is to defend what she deems as “biological and binary reality” in gender matters. This indicates a marked shift in the agency’s approach to workplace discrimination, particularly concerning LGBTQ+ individuals.
Upon requesting to dismiss the ongoing case, the EEOC noted that its litigation could conflict with the administration’s directives regarding gender identity and discrimination.
The company involved, Harmony Hospitality LLC, denied any allegations of discrimination and stated that the employee’s termination was based on “reasonable and legitimate factors,” although they did not provide specific details on those factors.
Following the motion to dismiss, federal employees advocate for immediate legal representation to ensure the rights of affected individuals are safeguarded. Advocacy groups warn that the EEOC’s actions could devastate protections for LGBTQ+ and gender nonconforming individuals in the workplace.
Commenting on the situation, Sarah Warbelow from the Human Rights Campaign noted that the current administration has jeopardized the rights of workers by enabling discrimination, highlighting the urgent need for a unified stand against workplace bias.
