A transgender man in Oakland, California has won a $20,000 settlement in a lawsuit against Shake Shack, the fast food chain, after facing a month of transphobic harassment on the job with no support from the employer. The man, who has not been identified in the media, said that he was harassed daily and referred to as female. He told his supervisors about the harassment, but they did not help him. The supervisors said it was his responsibility to convince his coworkers to stop harassing him.
“California law prohibits intentional misgendering in the workplace,” said California Civil Rights Department director Kevin Kish. “Intentional misgendering and other forms of discrimination based on gender identity and gender expression can be stressful and traumatic.”
After mediated talks, the agency said that Shake Shack agreed to improve their discrimination training for managers and employees and adopt more strict policies about discrimination and harassment. Shake Shack also agreed to report anti-LGBTQ+ discrimination and harassment complaints directly to the state for the next year and pay the former employee $20,000.
“Creating a welcoming and fulfilling environment for all our employees and guests is critical,” reads a statement from Shake Shack. “We are constantly taking steps to ensure our policies and culture reflect our commitment to diversity and inclusion in the workplace.” This case is an important reminder that transphobic harassment in the workplace is illegal and has no place in today’s society. It is hoped that this settlement will encourage other employers to provide a safe and supportive work environment for all employees, regardless of their gender identity.
The legal system has an important role to play in protecting the rights of LGBTQ+ people and it is vital that companies take their responsibilities seriously to prevent discrimination and harassment.
