FEDERAL COURT ISSUES FINAL JUDGMENT FOR EEOC IN ITS FIRST-EVER SEXUAL ORIENTATION DISCRIMINATION SUIT

Debra M. Lawrence, Regional Attorney                                                               

(410) 209-2734

Deborah A. Kane, Senior Trial Attorney

(412) 395-5866

Mary M. Tiernan, Outreach and Education Coordinator                                       

(215) 440-2671 mary.tiernan@eeoc.gov

 

 

FOR IMMEDIATE RELEASE

Monday, November 27, 2017                  

                                          

FEDERAL COURT ISSUES FINAL JUDGMENT FOR EEOC IN ITS FIRST-EVER SEXUAL ORIENTATION DISCRIMINATION SUIT

Gay Male Employee Was Subjected to Egregious Harassment Because of Sex, Federal Agency Charged

PITTSBURGH – Scott Medical Health Center, P.C., a Pittsburgh pain management and weight loss services provider, will pay $55,500 and furnish other relief resulting from a Pittsburgh federal court’s order in the first-ever sexual orientation discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. 

According to the EEOC’s lawsuit, Scott Medical violated federal law by subjecting Dale Massaro, a gay male employee, to sex discrimination through persistent and egregious harassment directed at him because of his sexual orientation. The EEOC further charged that Massaro was forced to resign his posi­tion after Scott Medical’s owner refused to protect him from further harassment.

 

Sex discrimination, including that based on sexual orientation, violates Title VII of the Civil Rights Act of 1964. The EEOC commenced the lawsuit (U.S. EEOC v. Scott Medical Health Center, P.C., Civil Action No. 2:16-cv-00225-CB) on March 1, 2016 in U.S. District Court for Western District of Pennsylvania after first attempting to reach a pre-litigation settle­ment through its conciliation process.

 

On Nov. 16, the U.S. District Court entered a final judgment against Scott Medical, awarding $50,000 in compensatory and punitive damages and $5,500 in back pay to Massaro, and ordering a perma­nent injunction barring Scott Medical from engaging in any further sex harassment and requiring that it to report to the EEOC for a period of five years on any complaints of sex harassment it receives. The federal court found that the EEOC had proven that Massaro should be awarded at least $125,000 in compensatory and punitive damages. However, the court was required to reduce the damages award to $50,000, which is the maximum award allowed in Title VII cases against employers of Scott Medical's size. The statutory cap on certain Title VII damages was enacted in 1991 and is not adjusted for inflation.

 

“The pursuit of this case through trial and judgment demonstrates the unwavering commitment of this office to ensuring that LGBT workers are not subjected to harassment or other forms of unlawful dis­crimination,” said EEOC Regional Attorney Debra Lawrence of the agency’s Philadelphia District Office. “This case is one of many that point to the persistent and widespread problem of anti-LGBT bias in the American workplace.”  

 

Senior Trial Attorney Deborah Kane of the EEOC’s Pittsburgh Area Office said, “We are pleased to have been able to obtain some measure of compensation for this harassment victim. We hope this result has brought us one step closer to full protection for members of the LGBT community under our nation’s civil rights laws. The injunction and reporting requirement should help protect Scott Medical’s employees from such egregious harassment in the future.”

 

EEOC Philadelphia District Director Kevin Berry said, “This judgment should send a strong message to all employers that the protections against sexual harassment include sexual orientation. Employers should update their harassment policies to include sexual orientation and take prompt and immediate action to stop any unlawful workplace harassment.”

 

Addressing emerging and developing issues, especially coverage of lesbian, gay, bisexual and transgender individuals under Title VII’s sex discrimination provisions, is one of six national priorities identified by the EEOC’s Strategic Enforcement Plan (SEP). 

 

The lawsuit was commenced by the EEOC’s Pittsburgh Area Office, one of four component offices of the agency’s Philadelphia District Office. The Philadelphia District Office has jurisdiction over Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio. Attorneys in the Philadelphia District Office also prosecute discrimination cases in Washington, D.C. and parts of Virginia.

 

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

 

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