Case: U.S. Equal Employment Opportunity Commission v. Boxwood Hotels, LLC

1:24-cv-00902 | U.S. District Court for the Western District of New York

Filed Date: Sept. 25, 2024

Case Ongoing

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Case Summary

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 mo…

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 September 25, 2024, the EEOC filed this lawsuit against eight hotels operating in New York state—all of which were owned and operated by the same individuals--in the United States District Court for the Western District of New York. The EEOC filed this lawsuit on behalf of Defendant’s former employee, who was transgender and worked as a housekeeper. They alleged that their supervisor insulted and harassed them because of their gender identity throughout their first day working for Defendants. They further alleged that within one day of complaining about the harassment to management, they were fired from their housekeeping position. The EEOC’s lawsuit alleged that Defendant’s actions constituted unlawful retaliation 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 hostile work environment for transgender employees, (2) prevent the Defendant from subjecting its employees to retaliatory treatment, and (3) affirmatively require the Defendant to implement policies, practices, and programs to provide equal employment opportunities for transgender employees. This case was assigned to Judge Lawrence Joseph Vilardo.

The Defendants began to file their answers to the EEOC’s complaint over the course of the next several months.

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 consent motion 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.

On February 20, 2025, two attorneys from the Gender Equality Law Center moved to appear as attorneys for Defendant’s former employee, indicating that they intend to move to substitute the EEOC as plaintiff in this case. As the Court has not yet addressed the consent motion or the attorneys’ motions to appear, this case is ongoing.

Summary Authors

Sarah Portwood (2/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69603377/parties/equal-employment-opportunity-commission-v-boxwood-hotels-llc/


Judge(s)
Attorney for Plaintiff

Cruz, Kimberly Anne (New York)

Fishel, Allegra Louise (New York)

Fortier, Vico D. (New York)

Attorney for Defendant

Bernstein, Jonathan Marc (New York)

Jacobson, Nicholas P. (New York)

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Documents in the Clearinghouse

Document
1

1:24-cv-00902

Complaint

Equal Employment Opportunity Commission v. Boxwood Hotels, LLC

Sept. 25, 2024

Sept. 25, 2024

Complaint
32

1:24-cv-00902

Unopposed Motion to Dismiss the EEOC’s Complaint

Feb. 14, 2025

Feb. 14, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69603377/equal-employment-opportunity-commission-v-boxwood-hotels-llc/

Last updated April 21, 2025, 3:46 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by Equal Employment Opportunity Commission. (Attachments: # 1 Civil Cover Sheet)(O'Neil, Caitlin) (Entered: 09/25/2024)

1 Civil Cover Sheet

View on PACER

Sept. 25, 2024

Sept. 25, 2024

Clearinghouse

Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (TMK)

Sept. 26, 2024

Sept. 26, 2024

PACER

AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's ADR webpage and/or contact the Court's ADR Administrator at adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan. (TMK)

Sept. 26, 2024

Sept. 26, 2024

PACER

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TMK)

Sept. 26, 2024

Sept. 26, 2024

PACER

Original Summons Not Submitted. (TMK)

Sept. 26, 2024

Sept. 26, 2024

PACER

ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM)

Sept. 30, 2024

Sept. 30, 2024

PACER
2

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Boxwood Hotels, LLC waiver sent on 9/26/2024, answer due 11/25/2024. (O'Neil, Caitlin) (Entered: 10/09/2024)

Oct. 9, 2024

Oct. 9, 2024

PACER
3

NOTICE of Appearance by Jonathan Marc Bernstein on behalf of Boxwood Hotels, LLC (Bernstein, Jonathan) (Entered: 11/08/2024)

Nov. 8, 2024

Nov. 8, 2024

PACER
4

WAIVER OF SERVICE Returned Executed by Equal Employment Opportunity Commission. Rosewood Hotels LLC waiver sent on 11/12/2024, answer due 1/13/2025. (O'Neil, Caitlin) (Entered: 11/18/2024)

Nov. 18, 2024

Nov. 18, 2024

PACER
5

ANSWER to 1 Complaint by Boxwood Hotels, LLC.(Bernstein, Jonathan) (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

PACER
6

Original Summons Filed. (O'Neil, Caitlin) (Entered: 12/03/2024)

Dec. 3, 2024

Dec. 3, 2024

PACER
7

Original Summons Filed. (O'Neil, Caitlin) (Entered: 12/09/2024)

Dec. 9, 2024

Dec. 9, 2024

PACER
8

Summons Issued as to Bradford Hotel LLC, Falls Hotel LLC, Hamburg Hotel LLC, Hamburg Lodging Inc.,, Sandalwood Hotels, LLC, Star Hotels, LLC. (SG) (Entered: 12/10/2024)

Dec. 10, 2024

Dec. 10, 2024

PACER
9

AFFIDAVIT of Service for Summons served on Star Hotels, LLC on December 11, 2024, filed by Equal Employment Opportunity Commission. (O'Neil, Caitlin) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
10

AFFIDAVIT of Service for Summons and Complaint served on Sandalwood Hotels, LLC on December 11, 2024, filed by Equal Employment Opportunity Commission. (O'Neil, Caitlin) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
11

AFFIDAVIT of Service for Summons and Complaint served on Hamburg Lodging Inc. on December 11, 2024, filed by Equal Employment Opportunity Commission. (O'Neil, Caitlin) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
12

AFFIDAVIT of Service for Summons and Complaint served on Hamburg Hotel LLC on December 11, 2024, filed by Equal Employment Opportunity Commission. (O'Neil, Caitlin) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
13

AFFIDAVIT of Service for Summons and Complaint served on Falls Hotel LLC on December 11, 2024, filed by Equal Employment Opportunity Commission. (O'Neil, Caitlin) (Entered: 12/11/2024)

Dec. 11, 2024

Dec. 11, 2024

PACER
14

NOTICE of Appearance by Ryan F. McCann on behalf of Rosewood Hotels LLC (McCann, Ryan) (Entered: 01/09/2025)

Jan. 9, 2025

Jan. 9, 2025

PACER
15

ANSWER to 1 Complaint by Rosewood Hotels LLC.(McCann, Ryan) (Entered: 01/11/2025)

Jan. 11, 2025

Jan. 11, 2025

PACER
16

NOTICE of Appearance by Amber E. Storr on behalf of Star Hotels, LLC, Bradford Hotel LLC (Storr, Amber) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER
17

Letter filed by Star Hotels, LLC, Bradford Hotel LLC re extension to answer/respond to complaint. (Storr, Amber) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER
18

Corporate Disclosure Statement by Boxwood Hotels, LLC. (Attachments: # 1 Certificate of Service)(Bernstein, Jonathan) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

PACER
19

TEXT ORDER granting the request for an extension of time to answer filed by Star Hotels LLC and Bradford Hotels LLC, Docket Item 17, until 2/24/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/4/2025. (ZHM) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

PACER
20

Letter filed by Sandalwood Hotels, LLC to request extension of time to Answer. (Jacobson, Nicholas) (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

PACER
21

TEXT ORDER granting the request for an extension of time to answer, Docket Item 20, filed by defendants Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc., and Falls Hotel LLC, until 2/24/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/10/2025. (ZHM) (Entered: 02/10/2025)

Feb. 10, 2025

Feb. 10, 2025

PACER
22

NOTICE of Appearance by Nicholas P. Jacobson on behalf of Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc.,, Falls Hotel LLC (Jacobson, Nicholas) (Entered: 02/10/2025)

Feb. 10, 2025

Feb. 10, 2025

PACER

ATTENTION ALL PLAINTIFFS OR INTERVENORS: Pursuant to Fed. R. Civ. P.7.1 and/or General Order No. 157. In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed within seven (7) days of this notice. (KM)

Feb. 10, 2025

Feb. 10, 2025

PACER
23

Corporate Disclosure Statement by Star Hotels, LLC. (Storr, Amber) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

PACER
24

Corporate Disclosure Statement by Bradford Hotel LLC. (Storr, Amber) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

PACER
25

Corporate Disclosure Statement by Rosewood Hotels LLC. (McCann, Ryan) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER
26

NOTICE of Appearance by Kimberly Anne Cruz on behalf of Equal Employment Opportunity Commission (Cruz, Kimberly) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER
27

Corporate Disclosure Statement by Falls Hotel LLC. (Jacobson, Nicholas) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER
28

Corporate Disclosure Statement by Hamburg Hotel LLC. (Jacobson, Nicholas) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER
29

Corporate Disclosure Statement by Hamburg Lodging Inc.,. (Jacobson, Nicholas) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER
30

Corporate Disclosure Statement by Sandalwood Hotels, LLC. (Jacobson, Nicholas) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER
31

NOTICE by Equal Employment Opportunity Commission of Unopposed Motion to Dismiss the EEOC's Complaint (Cruz, Kimberly) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER
32

Consent MOTION to Dismiss the EEOC's Complaint by Equal Employment Opportunity Commission.(Cruz, Kimberly) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

Clearinghouse
33

MOTION to appear pro hac vice for Allegra Fishel ( Filing fee $ 200 receipt number ANYWDC-5410101.) by Dylan Bringuel. (Attachments: # 1 Exhibit Civil Oath, # 2 Exhibit Attorney Oath, # 3 Exhibit ECF registration, # 4 Declaration of Allegra Fishel, # 5 Exhibit Petition for Pro Hac Vice Admission, # 6 Affidavit of Harvey Sanders in support of Petition)(Sanders, Harvey) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

RECAP
34

MOTION to appear pro hac vice for Vico Fortier ( Filing fee $ 200 receipt number ANYWDC-5410280.) by Dylan Bringuel. (Attachments: # 1 Exhibit Petition for admission Pro Hac Vice, # 2 Declaration in support of motion for prohac vice, # 3 Exhibit civility oath, # 4 Exhibit attorney oath, # 5 Exhibit ECF registration, # 6 Affidavit of Harvey Sanders in support of Petition)(Sanders, Harvey) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

RECAP
35

Letter filed by Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc.,, Falls Hotel LLC Requesting extension of time to answer. (Jacobson, Nicholas) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
36

Letter filed by Star Hotels, LLC, Bradford Hotel LLC requesting extension of time to respond to the complaint - on consent. (Storr, Amber) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER

E-Filing Notification

Feb. 25, 2025

Feb. 25, 2025

PACER

E-Filing Notification: 35 Letter and 36 Letter; letters contain a relief and therefore the attorneys are directed to refile using the Motion event. (SG)

Feb. 25, 2025

Feb. 25, 2025

PACER
37

MOTION for Extension of Time to File Answer by Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc.,, Falls Hotel LLC.(Jacobson, Nicholas) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
38

Consent MOTION for Extension of Time to File Answer or otherwise respond to the complaint by Star Hotels, LLC, Bradford Hotel LLC.(Storr, Amber) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
39

TEXT ORDER granting 33 MOTION to appear pro hac vice of Allegra Fishel. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/25/2025. (ZHM)Clerk to Follow up (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
40

TEXT ORDER granting 34 MOTION to appear pro hac vice of Vico Fortier. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/25/2025. (ZHM)Clerk to Follow up (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
41

TEXT ORDER granting the motion for an extension of time to answer filed by defendants Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc., and Falls Hotel LLC, Docket Item 37, until 3/10/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/25/2025. (ZHM) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
42

TEXT ORDER granting the motion for an extension of time to answer filed by defendants Star Hotels LLC and Bradford Hotels LLC, Docket Item 38 . Star Hotels LLC and Bradford Hotels LLC's time to answer is extended until 30 days after the Court's resolution of the Equal Employment Opportunity Commission's pending motion to dismiss its complaint, Docket Item 32 . SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/25/2025. (ZHM) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
43

Third MOTION for Extension of Time to File Answer by Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc.,, Falls Hotel LLC.(Jacobson, Nicholas) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
44

First MOTION for Leave to File Complaint in Intervention by Dylan Bringuel. (Attachments: # 1 Memorandum in Support, # 2 Declaration Declaration of Vico Fortier, # 3 Exhibit Exhibit 1, Complaint)(Fortier, Vico) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
45

TEXT ORDER granting the motion for an extension of time to answer filed by defendants Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc., and Falls Hotel LLC, Docket Item 43 . Sandalwood Hotels, LLC, Hamburg Hotel LLC, Hamburg Lodging Inc., and Falls Hotel LLC's time to answer is extended until 30 days after the Court's resolution of the Equal Employment Opportunity Commission's motion to dismiss its complaint, Docket Item 32, and putative intervenor plaintiff Dylan Bringuel's motion for leave to file a complaint in intervention, Docket Item 44 . Any responses to Bringuel's motion for leave to file a complaint in intervention are due by 3/24/2025. Bringuel may reply by 3/31/2025. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 3/10/2025. (ZHM) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER

Case Details