Filed Date: Oct. 25, 2024
Case Ongoing
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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 25, 2024, the EEOC filed this lawsuit against several defendants operating a Culver's restaurant in Clarkston, Michigan in the United States District Court for the Eastern District of Michigan. The EEOC filed this lawsuit on behalf of four of Defendants' former employees. One of the employees, a transgender man, was harassed and misgendered by his fellow employees, including one who sought out and shared his dead name without his consent. He and three other employees complained of the harassment, and in response, Defendants' general manager fired all four of them. The EEOC's lawsuit alleged that Defendants' actions constituted harassment, hostile work environment, discrimination on account of sex, and 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 Defendants from maintaining a hostile work environment based on sex, sexuality, or gender identity, (2) prevent the Defendant from engaging in unlawful retaliation, and (3) affirmatively require the Defendant to implement policies, practices, and programs to provide a workplace free of sex-based harassment. This case was assigned to District Judge Brandy R. McMillon.
The transgender employee moved to intervene in this lawsuit on November 7, 2024, and the Court granted his motion on January 2, 2025. He then filed an intervenor complaint, re-alleging the same facts, and bringing claims under Title VII and Michigan's Elliot-Larsen Civil Rights Act. He was represented by private counsel.
The Defendants filed an answer to the EEOC's complaint on December 16, 2024, and to the intervenor complaint on January 23, 2025.
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 24, 2025, arguing that discrimination on the basis of gender identity and sexuality did not constitute sex-based discrimination in violation of Title VII.
Three days later, on February 27, two of the other employees fired for complaining about workplace harassment filed a motion to intervene, which the Court granted on March 17, 2025. The intervening Plaintiffs filed an intervenor complaint on the same day, re-alleging the same facts and claims. They were represented by the American Civil Liberties Union Fund of Michigan (ACLU).
As of March 22, 2025, the EEOC's motion to dismiss remains pending before the Court.
Summary Authors
Sarah Portwood (3/22/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69310135/parties/equal-employment-opportunity-commission-v-brik-enterprises-incorporated/
Bird, Kenneth L. (Michigan)
Davidson, Syeda F. (Michigan)
Kaplan, Jay (Michigan)
Korobkin, Daniel S. (Michigan)
Mannarino, Angela M. (Michigan)
See docket on RECAP: https://www.courtlistener.com/docket/69310135/equal-employment-opportunity-commission-v-brik-enterprises-incorporated/
Last updated April 21, 2025, 2:55 p.m.
State / Territory: Michigan
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: Oct. 25, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
U.S. Equal Employment Opportunity Commission; Former employees of Defendants, including a transgender employee and others who complained of harassment and hostile work environment because of gender identity
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Culver's (Clarkston), 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:
Discharge / Constructive Discharge / Layoff
Harassment / Hostile Work Environment
Discrimination Basis:
Affected Sex/Gender(s):
EEOC-centric:
Private Party intervened in EEOC suit
LGBTQ+: