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Press Release 09-26-2024

EEOC Sues Boxwood and Related Hotel Franchises for Discriminating Against Transgender Employee

Federal Agency Charges Hotel Companies Subjected Housekeeper to Misgendering and Anti-Transgender Comments, Fired Them One Day After Complaining

BUFFALO, NY – Eight related entities operating Boxwood Hotels LLC, Holiday Inn Express and Hampton Inn hotels in Western New York violated federal law when they fired a transgender housekeeper the day after the housekeeper complained that a supervisor repeatedly misgendered them and made anti-transgender statements, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the lawsuit, during a transgender housekeeper’s first day of work at a Holiday Inn Express located in Jamestown, New York, their supervisor referred to them as a “transformer,” made multiple offensive derogatory comments about being transgender, and repeatedly misgendered the housekeeper or referred to them as “it.” The housekeeper made prompt complaints to local managers and a corporate office but, instead of taking action to stop the unlawful conduct, management suggested that the job might not be a good fit, and told the housekeeper their services were no longer needed.

Such alleged conduct violated Title VII of the Civil Rights Act, which prohibits employers from discriminating against employees based on their sex, which includes transgender status. The EEOC filed suit (EEOC v. Boxwood Hotels, LLC d/b/a Holiday Inn Express, et al., Case No. 24-cv-00902) in U.S. District Court for the Western District of New York after first attempting to reach a pre-litigation settlement through its administrative conciliation process.

“Preventing and remedying discrimination against LGBTQI+ individuals remain key priorities for the EEOC,” said Kimberly Cruz, regional attorney for the EEOC’s New York District Office. “Enduring harassment based on one’s transgender status is not and should not be a condition of employment.”

Yaw Gyebi, Jr., Director of the EEOC’s New York District Office, said, “Retaliation continues to be a frequently alleged basis of discrimination. Employees, including transgender employees, must be able to challenge discrimination without fear of punishment in the workplace.”

For more information on harassment, please visit https://www.eeoc.gov/harassment.  For more information on protections against discrimination based on sexual orientation or gender identity, please visit https://www.eeoc.gov/sexual-orientation-and-gender-identity-sogi-discirmination.  For more information on retaliation, please visit https://www.eeoc.gov/retaliation.

The EEOC’s New York District Office has jurisdiction over Connecticut, Maine, Massachusetts, New Hampshire, New York, northern New Jersey, Rhode Island and Vermont. This case was investigated by the Buffalo Local Office.

The EEOC prevents and remedies unlawful employment discrimination and advances equal opportunity for all. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.