MEMPHIS, Tenn. — The U.S. Equal Employment Opportunity Commission (EEOC) said the companies that own Amerigo Italian restaurant in Memphis will pay $60,000 to settle claims it discriminated against a gay employee.
4Top Hospitality Group, Inc. and J.H.S. Holdings, LLC were named in the lawsuit which was announced Sept. 22, 2023. According to the EEOC, the companies violated federal law by subjecting the employee to harassment, then retaliating by firing the worker when he complained.
Under the two-year consent decree, the companies must revise and distribute anti-harassment and anti-retaliation policies, post a notice about the settlement in the workplace, and provide specialized training to managers, supervisors, and employees.
The companies must also provide periodic reports to the EEOC about any future complaints by employees.
“All employees should be able to work in an environment free of discrimination irrespective of their sexual orientation, and that includes discrimination based on a person’s sexual orientation,” said Faye Williams, regional attorney for the EEOC’s Memphis District Office. “Employers break the law when they fail to stop discrimination they find in the workplace.”
The lawsuit’s claims
The EEOC said managers at the restaurant allowed other workers to use homophobic slurs, insults, and “profane, discriminatory attacks” aimed at the worker. The agency said Amerigo did nothing to stop it when the employee complained, allowing it to continue for months, then firing the worker, accusing him of not showing up for work without notifying a supervisor. The EEOC said the employee had reached out to management for help.
The EEOC said employees who were not gay were not treated in the same way.
The agency said it filed the lawsuit after first trying to reach a settlement. The lawsuit asked for back pay and compensatory and punitive damages, and an injunction to prevent further discrimination.
“The Supreme Court has made clear that discrimination based on a person’s sexual orientation is unlawful,” said Edmond Sims, acting director of EEOC’s Memphis District Office, when the lawsuit was filed. “The EEOC remains committed to holding accountable those employers who violate the rights of their employees.”
4Top Hospitality's response to the settlement
4Top Hospitality sent this statement to ABC24 regarding the settlement:
"Amerigo has and will continue to promote a robust policy of inclusion for all communities, including the LGBTQ+ community, and is welcoming of all applicants and employees who want to be part of our team. As an employee-owned company that is committed to the needs of every staff member, Amerigo has always maintained and promoted an open-door policy of reporting any concerns among our staff. We will continue to do so through our ongoing zero-tolerance policy on discrimination and harassment, as well as annualized training to foster an inclusive, healthy, productive and professional workplace providing a comfortable dining experience to our guests. While we adamantly deny any wrongdoing, we are pleased to have resolved the unjustifiable and categorically false claims brought against us in this matter."
