09/01/2016
BREAKING NEWS------
SC EQUALITY SUES SOUTH CAROLINA EMPLOYER IN TITLE VII ANTI-GAY DISCRIMINATION CASE.
SC Equality announced today that it has filed its first Title VII discrimination case based on s*xual orientation on behalf of Trevor Simpson. South Carolina’s statewide LGBT rights organization filed suit in U.S. District Court for the District of South Carolina, Charleston Division against SouthernCare, Inc. -- one of the nation’s largest hospice providers with over 75 offices in 15 states.
The amended complaint alleges that the branch manager of SouthernCare’s Myrtle Beach office complained about Simpson’s mannerisms and perceived s*xual orientation, calling them “Biblically unacceptable.” The branch manager’s negative comments were based on Simpson’s s*x, stereotypes Simpson’s association with other men, and Simpson’s not conforming to certain religious views. The branch manager gave Simpson’s co-workers Bible verses to relay to Simpson. Simpson followed company policy and complained to his employer about the hostile work environment to which he was being subjected. Instead of taking measures to end the hostile working environment, Defendant SouthernCare retaliated against Simpson for his complaints by taking away some of his accounts and giving them to Simpson’s manager, who was perpetrating the harassment. Ultimately, Simpson was constructively discharged from SouthernCare. SouthernCare then further retaliated against Simpson by suing him, seeking to enforce an invalid non-compete agreement against Simpson, causing Simpson to lose his new job.
Prior to filing the lawsuit, Simpson filed a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”). After an investigation, the EEOC found reasonable cause to believe that violations of Title VII of the Civil Rights Act of 1964 had occurred with respect to some or all of the matters alleged.
"With the filing of this lawsuit, SC Equality is continuing to reinforce its commitment to ensuring that individuals are not discriminated against in workplaces because of their s*xual orientation," said Jeff Ayers, Executive Director of SC Equality. “Although LGBT people will not have true equality in employment, housing, and education until the South Carolina General Assembly enacts laws expressly protecting against discrimination based on s*xual orientation and gender identity, every LGBT person in our state should understand that they already have these important protections available if they face discrimination or harassment at work under federal law.
“This is one of the most egregious cases of blatant discrimination I have ever seen,” said SC Equality Attorney Nekki Shutt, one of the team of attorney representing Smith on a pro bono basis. “It’s a reminder that despite South Carolina being the 35th state to recognize marriage equality in October 2014, an employee can be married on Sunday and then fired on Monday for being gay.”