Taking Care of HR Business
        A blog from the attorneys of Verrill

        Is “Boy, you need to pray” Comment to Biscuit Maker A Violation of Title VII?

        by Tawny L. Alvarez on July 8, 2016

        The EEOC continues its push to recognize job protection for LGBT workers under Title VII. On Wednesday, the EEOC filed a lawsuit against Bojangles Restaurants Inc. alleging that the restaurant chain discriminated and retaliated against former employee Jonathan Wolfe. The Complaint alleges Wolfe, who was transitioning from male to female, was told she could no longer wear makeup or fake fingernails while working, harassed by co-workers, told she could never enter the store dressed as a woman, and ultimately terminated.

        While no federal appeals courts have addressed the issue of job protection for LGBT workers under Title VII, previous case law does hold that bias based on gender identity or a failure to conform to traditional gender stereotypes is bias based on sex.

        In the current situation, the EEOC alleges that while Wolfe “wore modest and natural makeup, short and cleanly-maintained artificial fingernails, and her hair in a very short and gender-neutral ‘afro’ hairstyle” as well as wore the company’s gender-neutral polo shirt, shoes and visor, her unit director would make harassing remarks about her posture, gait and speech and forbade her from entering the store dressed as a woman.

        The complaint alleges that Wolfe was moved from a biscuit-maker position to a cashier position and told not to speak in her normal voice and to behave and walk in a manner that was consistent with male stereotypes. Despite complaints the conduct continued and the assistant manager began making harassing remarks including: “Boy, you need to pray,” and “God made woman for man.” After multiple internal complaints regarding the behavior, the Complaint alleges that Wolfe was fired. The lawsuit is currently pending in the Eastern District of North Carolina.

        Verrill Dana’s Labor & Employment Practice Group will continue to keep readers informed as this case develops.

        Taking Care of HR Business

        Human resource professionals, supervisors, and company executives are constantly confronted with a changing legal landscape. Verrill’s Taking Care of HR Business blog is designed to keep you informed about the latest and most significant legal developments that affect employers.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...
        Blog

        Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)

        For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...
        Alerts and Newsletters

        DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters

        On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...
        Alerts and Newsletters

        DOJ Announces Minnesota Health Care Fraud Takedown; Signals Intensified Medicaid Enforcement Nationwide

        On May 21, the Department of Justice (“DOJ”) announced a first-of-its kind Minnesota Health Care Fraud Takedown charging 15 defendants, including...
        Media Mentions

        Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections

        Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...
        Blog

        Section 530A Accounts: What Employers Should Consider Before Offering Contributions to “Trump” Accounts

        Section 530A accounts, commonly referred to as Trump accounts, have attracted attention since the enactment of the One Big Beautiful Bill Act in...
        Blog

        Navigating PBM Reform: Regulatory Changes, Market Shifts, and Practical Guidance for ERISA Fiduciaries

        Pharmacy Benefit Manager (“PBM”) arrangements have long relied on rebates with limited transparency into true drug costs. Recent regulatory and...
        Blog

        DOL’s Proposed Regulation on Selecting Alternative Investments: Broad Implications for 401(k) and 403(b) Plan Fiduciaries

        On March 30, 2026, the Department of Labor issued a proposed regulation purporting to implement an executive order to expand access to “alternative...
        Press Releases

        Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle

        BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...
        Published Works

        Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys

        Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...