U.S. Pastor Council et al v. Equal Employment Opportunity Commission et al
Filing
1
COMPLAINT against All Defendants filed by Hotze Health & Wellness Center, U.S. Pastor Council. (Filing fee $400; Receipt number 0539-9499810) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Cover Sheet) (Mitchell, Jonathan)
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Preventing Employment Discrimination Against Lesbian,
Gay, Bisexual or Transgender Workers
Employment discrimination is illegal. Discrimination occurs when you are being treated
differently than others (or are harassed) because of your race, color, national origin, sex,
pregnancy, religion, age, disability, or genetic information. It is also against the law for an
employer to retaliate against you because you report discrimination against you or on behalf
of others.
Although Title VII of the Civil Rights Act of 1964 does not explicitly include sexual orientation
or gender identity, the EEOC and courts have said that sex discrimination includes
discrimination based on an applicant or employee's gender identity or sexual orientation. For
example, it is illegal for an employer to deny employment opportunities or permit harassment
because:
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A woman does not dress or talk in a feminine manner.
A man dresses in an effeminate manner or enjoys a pastime (like crocheting) that is
associated with women.
A female employee dates women instead of men.
A male employee plans to marry a man.
An employee is planning or has made a gender transition from female to male or male to
female.
Who is protected?
Title VII applies to all private sector and state/local government employers with at least 15
employees. Note: State or local laws in your jurisdiction also may explicitly prohibit
employment discrimination based on sexual orientation or gender identity.
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Applicants and civilian employees of federal government agencies also have rights against
LGBT discrimination under Title VII, and also Executive Order 11478, as amended.
Discrimination against an individual because that person is transgender, is by definition
discrimination based on sex, and violates Title VII. Macy v. Department of Justice, EEOC
Appeal No. 0120120821 (April 20, 2012) (transgender discrimination is sex discrimination in
violation of Title VII because it involves non-conformance with gender norms and
stereotypes, or based on a plain interpretation of the statutory language prohibiting
discrimination because of sex); Lusardi v. Dep't of the Army, EEOC Appeal No. 0120133395
(March 27, 2015) (Title VII is violated where an employer denies an employee equal access
to a common restroom corresponding to the employee's gender identity, or harasses an
employee because of a gender transition, such as by intentionally and persistently failing to
use the name and gender pronoun corresponding to the employee's gender identity as
communicated to management and employees).
Discrimination based on sexual orientation also necessarily states a claim of sex
discrimination under Title VII because (1) it literally involves treating an applicant or
employee differently based on his or her sex, (2) it takes sex into account by treating him or
her differently for associating with a person of the same sex, and, (3) it involves
discrimination based on gender stereotypes -- employer beliefs about the person to whom
the employee should be attracted because of the employee's sex. Baldwin v. Dep't of
Transportation, EEOC Appeal No. 0120133080 (July 15, 2015). Examples of sex
discrimination involving sexual orientation include:
Denying an employee a promotion because he is gay or straight.
Discriminating in terms, conditions, or privileges of employment, such as by providing a
lower salary to an employee because of sexual orientation, or denying spousal health
insurance benefits to a female employee because her legal spouse is a woman, while
providing spousal health insurance to a male employee whose legal spouse is a woman.
Harassing an employee because of his or her sexual orientation, for example, by
derogatory terms, sexually oriented comments, or disparaging remarks for associating
with a person of the same or opposite sex.
It also violates Title VII to discriminate against or harass an employee because of his or her
sexual orientation or gender identity in combination with another unlawful reason, for
example, on the basis of transgender status and race, or sexual orientation and disability.
How Do I Report Workplace Discrimination?
Employees or applicants of a private company, state government, or local
municipality: EEOC will investigate complaints of employment discrimination, harassment
and retaliation and may act to stop it and seek remedies on your behalf for free. We accept
complaints from job applicants, employees (full-time, part-time, seasonal and temporary),
and former employees. Regardless of your citizenship and work authorization status, the law
still protects you. Complaints may be filed by mail or in person at the nearest EEOC office.
Visit www.eeoc.gov to find out more about laws against employment discrimination. In some
cases, you have 180 days to file a complaint. In others, you have 300 days. Call us
immediately if you believe you experienced discrimination.
Federal government applicants and employees should contact their agency EEO office
within 45 days of experiencing discrimination to pursue a Title VII claim. Federal employees
also may have rights to pursue claims in internal processes governed by E.O. 11478.
The Equal Employment Opportunity Commission is the federal agency that enforces
laws against employment discrimination, harassment and retaliation. We have offices
around the country that can help you. We can explain whether the situation you face
is lawful or unlawful.
Contact Us!
Call 1-800669-4000
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Our mission is to stop and remedy unlawful employment discrimination.
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