Filed Date: Oct. 1, 2024
Case Ongoing
Clearinghouse coding complete
This is one of several cases originally brought by the U.S. Equal Employment Opportunity Commission (EEOC) under the Biden Administration to enforce Title VII’s prohibition of sex-based workplace discrimination against transgender employees. In these cases, the EEOC’s position was that discrimination on account of gender identity and sexuality necessarily constituted sex-based discrimination in violation of Title VII. After Present Donald Trump was elected, the EEOC reversed its position and moved to dismiss these cases, which are available here.
On October 1, 2024, the EEOC filed this lawsuit against Starboard Group, Inc. and Starboard with Cheese LLC—vacation retailers--in the United States District Court for the Southern District of Illinois. The EEOC filed this lawsuit on behalf of three Defendant’s current and former employees—two transgender men and one transgender woman. All three alleged that coworkers and management harassed them because of their sex and gender identity, including but not limited to misgendering, deadnaming, other verbal harassment, and denial of restroom access. The EEOC’s lawsuit alleged that Defendant’s actions constituted the unlawful harassment, discrimination, constructive discharge, and retaliation on account of sexuality, sex, and gender identity in violation of Title VII. The EEOC sought compensatory, emotional distress, and punitive damages for the former employee and a permanent injunction to (1) prevent the Defendant from maintaining a sexually hostile work environment, (2) prevent the Defendant from engaging in employment practices that discriminate based on sex or gender identity, and (3) affirmatively require the Defendant to implement policies, practices, and programs to provide equal employment opportunities for all workers regardless of sex and gender identity. This case was assigned to Judge Nancy Jo Rosenstengel.
The EEOC moved to drop Starboard Group, Inc. as a Defendant on February 4, 2025. The Court granted the motion on February 12, and the litigation proceeded as to the remaining Defendant.
However, after President Trump was inaugurated to his second term on January 20, 2025, he issued several Executive Orders that declared the Administration's reversal on several issues relating to gender identity (EO 14201, Keeping Men out of Women's Sports; EO 14187, Protecting Children from Chemical and Surgical Mutilation, and EO 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government). On January 28, 2025, the EEOC issued a press release, "Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace," indicating the ways in which the EEOC would implement the Executive Orders.
In response to the change in administration and federal guidance, the EEOC filed a joint motion with the Defendant to dismiss this case on February 14, 2025, arguing that discrimination on the basis of gender identity did not constitute sex-based discrimination in violation of Title VII.
As the Court has not yet addressed the joint motion to dismiss, this case is ongoing.
Summary Authors
Sarah Portwood (2/21/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69215866/parties/equal-employment-opportunity-commission-v-starboard-group-inc/
Rosenstengel, Nancy Jo (Illinois)
Bolanos, Maria DE (Illinois)
Cohen, Ethan M.M. (Illinois)
Eardley, Ellen (Illinois)
Shultz, Miles Ezekiel (Illinois)
See docket on RECAP: https://www.courtlistener.com/docket/69215866/equal-employment-opportunity-commission-v-starboard-group-inc/
Last updated April 21, 2025, 3:47 p.m.
State / Territory: Illinois
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: Oct. 1, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
U.S. Equal Employment Opportunity Commission
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Starboard Group, Inc., Private Entity/Person
Starboard with Cheese LLC, Private Entity/Person
Defendant Type(s):
Case Details
Causes of Action:
Title VII (including PDA), 42 U.S.C. § 2000e
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Discrimination Area:
Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Sex/Gender(s):
EEOC-centric:
LGBTQ+: