Chili’s Server Quits Due to Request for Dress Code Change - Discrimination Legal Blogs Posted by Sidney L. Gold - Lawyers.com

Chili’s Server Quits Due to Request for Dress Code Change

LGBTQ employees have the right to a workplace free from discrimination. Yet, for one Chili’s Grill & Bar server, she believes her perceived sexual orientation affected her treatment in a promotion interview, leading to her resignation from the company. The employee alleges that she was advised that her workplace interview attire was not gender appropriate and was the type of clothing that boys wore at work. Following the uncomfortable interview experience, she left the company and later filed a complaint.

Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment. Prohibited acts include discrimination in hiring, firing, promotions, and benefits. A 2018 study by the Human Rights Campaign found that 46 percent of LGBTQ employees reported that they are not open about their sexual orientation in the workplace, down just 50 percent from 2008. Among the findings, approximately 20 percent of LGBTQ employees report being told to dress in a more masculine or feminine manner in the workplace.

The EEOC Process
In the EEOC administrative complaint process, an employee must first take this step and await a decision within a specific time frame, as detailed in the law before filing a civil suit. The employee’s complaint stated that the manager commented that her clothing was not gender appropriate and a general manager stated that it was due to her sexual orientation. At present, Chili’s has responded to the complaint with a statement that the company does not tolerate discriminatory behavior and claimed a different version of events that did not mention the employee’s work clothing. For the employee, she has since then taken a position at another restaurant for a lower rate of pay.

Discrimination in employment is regrettably a longstanding issue in a wide variety of industries and work settings across the country. While employment laws offer protection to workers experiencing discrimination, significant changes are needed in workplace cultures that recognize the importance and obligation to treat all employees equally under the law. LGBTQ workers are among those that are victims of workplace bias, despite current progress in employment protections.

View Attorney Profile

Sidney L. Gold

Licensed since 1975

Member at firm Sidney L. Gold & Associates, P.C.

AWARDS

AV Preeminent
Champion Badge Silver

RECENT POSTS

  • Victimized Employees Seen as Worse Employees
    Posted on April 18, 2019

    Employee handbooks should include what do if you are being victimized by a fellow co-worker. Yet, what happens when you report workplace harassment to your supervisor only to be viewed by them as a bully yourself? The victimized employee may find themselves in an impossible situation, especially when they have never engaged in bullying behavior ... Read more

  • Breastfeeding in the Workplace
    Posted on April 18, 2019

    Discrimination against breastfeeding mothers stretches well above mere accommodations in many companies. Breastfeeding mothers are often prohibited from taking necessary breaks, overlooked for promotions, verbally assaulted, and are even forced into demotions or terminated from employment. Although federal law prohibits such activities, many companies are noncompliant. Denial of a woman’s right to breastfeed causes physical ... Read more

  • Political Consultants Face Sexual Harassment
    Posted on April 18, 2019

    In the wake of the #MeToo movement, more professions are reporting cases of sexual harassment. In a recent survey of political consultants by Campaign and Elections magazine, about 26 percent said they thought sexual harassment was more common in the political consultant arena than other industries. In that same survey, 54 percent of women stated ... Read more

Sidney L. Gold

Licensed since 1975

Member at firm Sidney L. Gold & Associates, P.C.

AWARDS

AV Preeminent
Champion Badge Silver

RECENT POSTS

  • Victimized Employees Seen as Worse Employees
    Posted on April 18, 2019

    Employee handbooks should include what do if you are being victimized by a fellow co-worker. Yet, what happens when you report workplace harassment to your supervisor only to be viewed by them as a bully yourself? The victimized employee may find themselves in an impossible situation, especially when they have never engaged in bullying behavior ... Read more

  • Breastfeeding in the Workplace
    Posted on April 18, 2019

    Discrimination against breastfeeding mothers stretches well above mere accommodations in many companies. Breastfeeding mothers are often prohibited from taking necessary breaks, overlooked for promotions, verbally assaulted, and are even forced into demotions or terminated from employment. Although federal law prohibits such activities, many companies are noncompliant. Denial of a woman’s right to breastfeed causes physical ... Read more

  • Political Consultants Face Sexual Harassment
    Posted on April 18, 2019

    In the wake of the #MeToo movement, more professions are reporting cases of sexual harassment. In a recent survey of political consultants by Campaign and Elections magazine, about 26 percent said they thought sexual harassment was more common in the political consultant arena than other industries. In that same survey, 54 percent of women stated ... Read more