MEMPHIS, Tenn — The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against the companies that own Amerigo Italian restaurant in Memphis, claiming 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.
The EEC 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 asks 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. “The EEOC remains committed to holding accountable those employers who violate the rights of their employees.”
ABC24 has reached out to the company for a response to the lawsuit.
