Jax, LLC, which operates a Golden Corral restaurant in Matthews, N.C., discriminated against an employee with a disability when it subjected him to a hostile work environment based on both his disability and his sex (male), the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The lawsuit also alleges that the employee resigned because of the harassment.
According to the EEOC’s complaint, Sean Fernandez worked as a dishwasher at the Matthews Golden Corral. Fernandez has high-functioning autism, which limits his ability to communicate and interact with others. From around March or April 2014 until January 2016, a male assistant manager created a hostile work environment by repeatedly referring to Fernandez as a “retard,” calling him “stupid,” using profanity, requesting oral sex, threatening to sexually assault him, and subjecting him to unwanted physical contact. Fernandez filed a complaint and requested to be moved to a different shift, so that he would not have to work with the male assistant manager. Fernandez resigned due to the harassment after he was again assigned to work with the same male assistant manager who again sexually harassed him.