EEOC Settles Male Gender-on-Gender Discrimination Case

A settlement of male-on-male same gender discrimination claim by the United States Equal Employment Opportunity Commission (EEOC) highlights an apparent growing trend of same sex discrimination claims.  The EEOC announced settlement of a male-on-male sexual discrimination suit against the owners of Sparks Steakhouse in New York City.  In 2009, the EEOC filed suit against Sparks in federal district court, alleging that 22 male waiters were subject to sexual harassment, primarily by one male manager, over roughly eight years.  Alleged misconduct included groping of buttocks, touching of genitals and lewd sexual comments.  Staff allegedly complained to management.  The harassment, however, did not stop, but rather allegedly resulted in retaliation against the complainants.  Under the settlement, Sparks will pay $600,000.00, to be split by the alleged victims, and has agreed to other measures designed to ensure that no future discrimination occurs.

Anti-discrimination laws protect employees against discrimination based on sex, including conduct that creates a hostile work environment.  Same gender discrimination – men discriminating against other men or women discriminating against women – is prohibited under the law.  While the EEOC does not maintain statistics on the number of gender discrimination claims involving same sex sexual harassment, according to EEOC’s statistics, sexual discrimination claims brought by males have been steadily rising – from 11.6% of sexual discrimination claims nationally in 1997 to 16.3% in 2011, and the EEOC reports “anecdotally” that “many of the charges appear to involve same sex harassment.”  Indeed, the EEOC itself has brought several other high profile male-on-male sexual harassment claims.

The Sparks settlement serves as a strong reminder to employers and employees alike that same gender discrimination is prohibited under the law.

This article is intended only as a general discussion of these issues.  It is not considered to be legal advice or relied upon.  We would be pleased to consider providing additional details or advice about specific situations.  For additional information on this topic, please feel free to call the author, Lawrence Brocchini, who regularly counsels clients on labor and employment matters, or any RPL attorney.

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