Tennessee-based Aspire Regional Partners falsely accused a long-term care facility maintenance director of performance deficiencies and then fired him because of his sexual orientation, the Equal Employment Opportunity Commission alleged in a lawsuit announced this week.
The actions allegedly occurred at two Aspire affiliates, Northwood Assisted Living and Northwood Skilled Nursing and Rehabilitation, both in Springfield, OH, according to the federal agency.
The EEOC said the crux of the matter stems from the Supreme Court’s 2020 decision in Bostock v. Clayton County. In that case, the High Court ruled that workplace discrimination because of an individual’s sexual orientation or gender identity is unlawful discrimination under Title VII of the Civil Rights Act of 1964.
“As a federal law, Title VII prohibitions on discrimination based on sexual orientation or gender identity extend nationwide regardless of state or local laws,” attorneys at Fisher Phillips wrote in conjunction with the Bostock ruling.
The law forbids such discrimination in regard to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits and any other term or condition of employment, according to the EEOC.
The agency said it filed the lawsuit after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
“This case [Aspire] continues our work to make Bostock’s promise a reality nationwide,” EEOC Chair Charlotte A. Burrows said in a statement.
Aspire had not responded to the McKnight’s Business Daily’s request for comment by the production deadline.
