NEW YORK (AP) The American Civil Liberties Union (ACLU) is stepping in to represent two restaurant workers in a gender identity discrimination lawsuit after the Equal Employment Opportunity Commission (EEOC) moved to dismiss the case. This decision comes in light of an executive order issued by President Donald Trump, which targets transgender individuals and defines gender strictly in binary terms.
The lawsuit in question involves a Culver’s restaurant located in Clarkston, Michigan, and is part of a series of seven gender identity discrimination cases that the EEOC has opted to abandon. The EEOC contends that pursuing these lawsuits contradicts Trump's order that restricts recognition of gender to only male and female, thus necessitating compliance from federal agencies.
Initially filed just four months ago after an extensive investigation, the lawsuit alleges that Culver's terminated a transgender man named Asher Lucas, along with two female employees, Regina Zaviski and Savannah Nurme-Robinson. This dismissal reportedly occurred after the trio had lodged several complaints to management regarding persistent harassment and misgendering directed at Lucas by a fellow employee. Despite initial warnings from management, the harassment continued, leading to the dismissal of all three employees.
The ACLU formally filed a motion to intervene on behalf of Zaviski and Nurme-Robinson, while Lucas has chosen to pursue the lawsuit independently. ACLU of Michigan staff attorney Syeda Davidson emphasized the organization’s commitment to advocate for the rights of transgender individuals, stating, “If this administration does not want to protect the rights of transgender people and their allies, we want them to know that we will.”
In the ongoing case, the attorney representing Culver's has not yet commented on the ACLU’s intervention. According to court documents, Culver's has denied the allegations of discrimination against the employees involved.
Asher Lucas had anticipated potential shifts in the EEOC’s stance following Trump's electoral victory, leading him to file a motion to pursue his own lawsuit in November. Lucas, now 21, expressed his desire to fight for the rights of transgender individuals, aspiring to prevent others from experiencing what he has faced. “I’m glad to be the person who can be able to do that,” he remarked.
The EEOC's decision to withdraw from these lawsuits marks a significant departure from its previous interpretation of civil rights statutes. In the prior year, the agency had updated its guidance indicating that intentional misuse of pronouns or denial of access to gender-appropriate restrooms amounted to harassment. This change followed a landmark Supreme Court ruling from 2020 affirming that individuals could not be discriminated against in employment based on sexual orientation or gender identity.
Typically, individuals facing workplace discrimination must first file charges with the EEOC, which oversees the initial investigation. If the agency decides to dismiss a case, workers can only pursue lawsuits independently, thereby incurring their own legal costs and losing out on the agency’s investigatory resources.
Following Trump's order, the acting EEOC chair, Andrea Lucas, indicated her priority would be to uphold the “biological and binary reality of sex and related rights.” However, she confirmed that the EEOC would still accept discrimination complaints, with those that may conflict with the executive order needing to be escalated for review. In the previous fiscal year, the EEOC received over 3,000 charges related to discrimination based on sexual orientation or gender identity, demonstrating the ongoing challenges faced by individuals in these groups.
