Tower Loans EEOC Complaint

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 1 of 13

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TRISTAN BROUSSARD,
CIVIL ACTION NO:
2:15-cv-01161

Plaintiff,
v.

SECTION: J

FIRST TOWER LOAN, LLC,
MAG. SHUSHAN
Defendant.
JURY DEMAND
Consolidated With
FIRST TOWER LOAN, LLC, et al.
Plaintiff,
v.
TRISTAN BROUSSARD,
Defendant.

Civil Action No. 2:15-cv-02500-CJB-SS
Section “J” (1)

EEOC’S COMPLAINT AND JURY DEMAND
NOW INTO COURT, through undersigned counsel, comes Plaintiff-Intervenor, the
United States Equal Employment Opportunity Commission (“EEOC” or “Commission”), and
files its Complaint and Jury Demand. The EEOC respectfully avers as follows:
NATURE OF THE ACTION
This is an action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et
seq. (“Title VII”), to correct unlawful employment practices on the basis of sex, and to provide
appropriate relief to Mr. Tristan Broussard (“Mr. Broussard”), who was adversely affected by
such practices and to prevent further occurrence of such practices. As alleged with more
particularity below, Defendant, First Tower Loan, LLC (“Defendant” or “Tower”), terminated

Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 2 of 13

the employment of Mr. Broussard, who is transgender, because of sex, based on perceived
nonconformity with gender stereotypes and/or his gender identity.
JURISDICTION AND VENUE
1.
Jurisdiction of this Court is invoked pursuant to 28 U.S.C. §§ 451, 1331, 1337, 1343 and
1345. This action is authorized and instituted pursuant to Sections 706(f)(1), (3), and 706(g), as
amended, 42 U.S.C. §§ 2000e-5(f)(1), (3), and (g), and Section 102 of the Civil Rights Act of
1991, 42 U.S.C. § 1981a.
2.
Venue is proper in this district. 42 U.S.C. § 2000e-5(f)(3). The unlawful acts of
employment discrimination described herein occurred within the State of Louisiana.
PARTIES
3.
The EEOC is the agency of the United States of America charged with the
administration, interpretation and enforcement of Title VII and is expressly authorized to
intervene in this action by Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. §§ 2000e-(5)(1) and
(3).
4.
At all relevant times, Defendant, First Tower Loan, LLC, has continuously been a
corporation doing business within the State of Louisiana, and has continuously had at least 15
employees. At all relevant times, Defendant has had more than 500 employees.

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5.
At all relevant times, Defendant has been an employer engaged in an industry affecting
commerce within the meaning of Sections 701(b), (g), and (h) of Title VII, 42 U.S.C. §§ 2000e
(b), (g), and (h).
6.
More than 30 days before the institution of this suit, a charge of discrimination was filed
with the EEOC on behalf of Mr. Broussard alleging violations by Defendant of Title VII.
7.
The EEOC provided notice to Defendant of the charge of discrimination.
8.
The EEOC investigated the charge of discrimination.
9.
Based on evidence discovered during the investigation, the EEOC issued a Letter of
Determination (“Determination”) to Defendant, finding reasonable cause to believe that
Defendant had engaged in unlawful employment practices prohibited by Title VII of the Civil
Rights Act of 1964.
10.
The Commission’s Determination included an invitation that Defendant join the
Commission in informal methods of conference, conciliation, and persuasion in an attempt to
eliminate and remedy the alleged unlawful employment practices.
11.
Defendant declined to participate in the conciliation process.

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12.
The Commission sent notice to Defendant that conciliation had been unsuccessful.
13.
All conditions precedent to the institution of this lawsuit, if there be any, have been
fulfilled.
STATEMENT OF CLAIMS
14.
At least since February 2013, Defendant required that Mr. Broussard conform to its
gender stereotypes to remain employed.

This required conformity included, but was not

necessarily limited to, Mr. Broussard’s dressing, grooming, and conducting himself in a manner
which Defendant considered to conform with its gender stereotypes.
15.
On August 27, 2013, the National Center for Lesbian Rights (“NCLR”) filed with the
Commission the instant charge of discrimination on Mr. Broussard’s behalf, alleging violations
of Title VII by Defendant.
16.
Mr. Broussard’s gender identity is male and he presents as a male. Mr. Broussard has
been living his life as a man, consistent with his male gender identity, since September 2011.
17.
Mr. Broussard was designated as female at birth.

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18.
By definition, individuals who are transgender identify as and conform to a sex different
from the sex assigned to them at birth, which contradicts widespread, sex-based cultural
expectations, assumptions, norms, and stereotypes.
19.
By living and identifying as a man, after being designated female at birth, Mr. Broussard
did not conform to the sex-based stereotypes and norms expected of him by Defendant.
20.
In February 2013, Mr. Broussard applied for a Manager Trainee position at Defendant’s
Lake Charles, Louisiana, office.
21.
The duties of the Manager Trainee position do not require its incumbents to be of any
particular sex or gender identity. Sex is not a bona fide qualification for the job.
22.
Leah Sparks (“Ms. Sparks”), manager of Tower’s Lake Charles, Louisiana, branch
interviewed Mr. Broussard for the Manager Trainee position on or about February 25, 2013.
23.
Ms. Sparks and/or other officials of Defendant concluded that Mr. Broussard was
qualified for the Manager Trainee position.
24.
Later that same day, Ms. Sparks called Mr. Broussard to offer him the Manager Trainee
position, which Mr. Broussard accepted.

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 6 of 13

25.
During the events described in Paragraphs 22 through 24 above, Ms. Sparks perceived
Mr. Broussard as male.
26.
Mr. Broussard began working for Tower on March 4, 2013.
27.
While Mr. Broussard was completing his employment paperwork for new employees on
March 4, 2013, Tower required him to provide a valid form of identification. Mr. Broussard
provided his driver’s license to Ms. Sparks.
28.
Mr. Broussard’s driver’s license lists his sex as “F,” which refers to the sex he was
assigned at birth (female). At all times relevant, Defendant had no information indicating that
Mr. Broussard was female, other than his driver’s license.
29.
When Ms. Sparks noticed that Mr. Broussard’s driver’s license listed his sex as “F,” she
asked Mr. Broussard about it. Mr. Broussard explained that he is a transgender man.
30.
After seeing the “F” on Mr. Broussard’s driver’s license, Ms. Sparks notified Tower Vice
President, David Morgan (“Mr. Morgan”), of it.
31.
During his first week of employment, Mr. Broussard performed his job duties
satisfactorily. Indeed, Ms. Sparks commented to him during this period that he was doing well.

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 7 of 13

32.
Subsequently, on March 11, 2013, Mr. Morgan traveled to Tower’s Lake Charles,
Louisiana office to meet with Mr. Broussard.
33.
During the meeting, Mr. Morgan informed Mr. Broussard that Respondent did not want
Mr. Broussard to dress “like a man” and that going forward he must instead dress and act as
female in the workplace.
34.
Mr. Broussard told Mr. Morgan that he is transgender and lives and identifies as male.
35.
Mr. Morgan stated to Mr. Broussard that he could not dress as a man because it would be
confusing to customers.
36.
Defendant produced no evidence to the EEOC during its investigation that any customer
complained about Mr. Broussard because of his manner of dress or grooming, or otherwise
expressed any confusion or concern as a result of Mr. Broussard’s presenting as a man.
37.
Mr. Morgan stated to Mr. Broussard that Tower might consider employing him as a man
if he underwent surgery.
38.
Mr. Morgan then presented Mr. Broussard with a written statement which Defendant
required Mr. Broussard to sign as a condition of continued employment.

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 8 of 13

39.
The written statement referred to in Paragraph 38 above provided:
I understand that my preference to act and dress as a male, despite having
been born a female, is not something that will be in compliance with Tower
Loan’s personnel policies. I have been advised as to the proper dress for
females and also have been provided a copy of the female dress code. I also
understand that when meetings occur that require out of town travel and an
overnight room is required, I will be in [sic] assigned to a room with a
female.
40.
Upon presenting the statement to Mr. Broussard, Mr. Morgan stated that Mr. Broussard’s
supervisor had said many positive things about him. Mr. Morgan did not state that there had
been any complaints about Mr. Broussard, either by customers or other Tower employees.
41.
Mr. Broussard refused to sign the agreement and explained that he could not agree to
dress or act as female because that is not who he is. Defendant’s conditioning Mr. Broussard’s
continued employment on his signing the statement effectuated his termination.
42.
The next day, Ms. Sparks called Mr. Broussard to apologize, stating that she did not
know Mr. Broussard was going to be fired for being transgender.
43.
The manner in which Mr. Broussard dressed and conducted himself while employed by
Defendant did not violate any of Defendant’s written policies concerning dress, grooming, or
conduct.

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 9 of 13

44.
Defendant did not produce any written policies during the EEOC investigation that
employees are required to share a hotel room with employees of a certain sex or gender when
traveling on behalf of Defendant. If such a policy existed, Defendant did not explore at all with
Mr. Broussard whether other arrangements could be made, in lieu of discharge.
45.
Defendant terminated Mr. Broussard because of sex by firing him because Mr. Broussard
did not, in Defendant’s perception, conform to its gender stereotypes.
46.
Defendant fired Mr. Broussard because he identifies as a different sex than that assigned
to him at birth, because Mr. Broussard had a male gender presentation rather than a female one,
and/or because Mr. Broussard did not conform to the sex-based norms and stereotypes that
Defendant insisted that Mr. Broussard match.
47.
The employment practices alleged herein violate Section 703(a)(1) of Title VII, 42
U.S.C. § 2000e-2(a)(1), by discriminating because of sex.
48.
The effect of Defendant’s unlawful employment practices was to deprive Mr. Broussard
of equal employment opportunities and otherwise adversely affect his status as an employee,
because of sex.

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 10 of 13

49.
Tower’s unlawful employment practices were intentional and were committed with
malice or reckless indifference to Mr. Broussard’s rights under Title VII and to the rights of any
persons in like or related circumstances.
PRAYER FOR RELIEF
Wherefore, the EEOC respectfully requests that this Court:
A.

Grant a permanent injunction enjoining Defendant, its officers, successor, assigns,
and all persons in active concert or participation with it, prohibiting unlawful sex
discrimination against employees or applicants from employment, including on
the basis of perceived nonconformity with gender stereotypes;

B.

Order Defendant to institute and carry out policies, practices, and programs which
provide equal employment opportunities for all individuals regardless of sex and
which will eradicate the effects of its past and present unlawful employment
practices, including but not limited to: training of personnel; reporting to the
Commission concerning compliance with Title VII; and hiring and employing
persons without regard to their conformity with gender stereotypes;

C.

Order Defendant to make Mr. Broussard whole by providing appropriate backpay
with prejudgment interest, in amounts to be determined at trial, and other
affirmative relief necessary to eradicate the effects of its unlawful employment
practices;

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 11 of 13

D.

Order Defendant to make Mr. Broussard whole by ordering reinstatement or,
alternatively, by providing him with front pay, in amounts to be determined at
trial, to eradicate the effects of Defendant’s unlawful employment practices;

E.

Order Defendant to make Mr. Broussard whole by providing compensation for
past and future nonpecuniary losses resulting from the unlawful practices
complained of above, including but not limited to emotional and mental anguish,
pain and suffering, humiliation, loss of enjoyment of life, and devastation in
amounts to be determined at trial, and by providing compensation for past and
future pecuniary losses resulting from Defendant’s unlawful practices;

F.

Order Defendant to pay punitive damages to appropriate complaining parties
pursuant to 42 U.S.C. § 1981a for its malicious and reckless conduct, as described
above, in amounts to be determined at trial;

G.

Grant such further legal or equitable relief as the Court deems necessary and
proper in the public interest; and

H.

Award the EEOC its costs of this action.
JURY TRIAL DEMAND

In accordance with Rules 38 and 39 of the Federal Rules of Civil Procedure, the EEOC
hereby requests a jury on all issues raised in the instant Complaint which may be tried by jury.

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 12 of 13

Respectfully submitted,
P. DAVID LOPEZ
General Counsel
No Bar Roll Number Assigned
JAMES L. LEE
Deputy General Counsel
No Bar Roll Number Assigned
GWENDOLYN YOUNG REAMS
Associate General Counsel
No Bar Roll Number Assigned
JIM SACHER
Regional Attorney
La. Bar Roll Number 14888
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
Houston District Office
1919 Smith Street
7th Floor
Houston, Texas 77002
Direct Line: (713) 651-4963
[email protected]

/s/ Gregory T. Juge
GREGORY T. JUGE (T.A.)
Supervisory Trial Attorney
La. Bar Roll No. 20890
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
New Orleans Field Office
Hale Boggs Federal Building
500 Poydras Street, Suite 809
New Orleans, LA 70130
Direct line: (504) 676-8239
Fax: (504) 595-2886
[email protected]

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Case 2:15-cv-01161-CJB-SS Document 71 Filed 09/16/15 Page 13 of 13

/s/ Alexandra Navarre-Davis
ALEXANDRA NAVARRE-DAVIS
Trial Attorney
La. Bar Roll No. 35000
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION
New Orleans Field Office
Hale Boggs Federal Building
500 Poydras Street, Suite 809
New Orleans, LA 70130
Direct line: (504) 595-2914
Fax: (504) 595-2886
[email protected]
COUNSEL FOR PLAINTIFF,
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been served on counsel of record for all
parties, via the Court’s ECF system, on this 8th day of September, 2015.

/s/ Alexandra Navarre-Davis
ALEXANDRA NAVARRE-DAVIS

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Case 2:15-cv-01161-CJB-SS Document 71-1 Filed 09/16/15 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

TRISTAN BROUSSARD,
CIVIL ACTION NO:
2:15-cv-01161

Plaintiff,
v.

SECTION: J
JUDGE BARBIER

FIRST TOWER LOAN, LLC,
MAG. SHUSHAN
Defendant.
JURY DEMAND
Consolidated With
FIRST TOWER LOAN, LLC, et al.
Plaintiff,
v.
TRISTAN BROUSSARD,
Defendant.

Civil Action No. 2:15-cv-02500-CJB-SS
Section “J” (1)

CERTIFICATION OF GENERAL
PUBLIC IMPORTANCE PURSUANT TO 42 U.S.C. §2000e-5(f)(1)
Upon review of the facts of this case, I have determined that it raises issues of general
public importance regarding allegations that Defendant violated Title VII of the Civil Rights Act
of 1964, 42 U.S.C. § 2000e, et seq., as amended, by terminating the employment of Mr.
Broussard, who is transgender, because of sex, based on perceived nonconformity with gender
stereotypes, and/or his gender identity.
DATED THIS 8th day of September, 2015.

EXHIBIT “A”

Case 2:15-cv-01161-CJB-SS Document 71-1 Filed 09/16/15 Page 2 of 2

/s/ P. David Lopez
General Counsel
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
131 M Street NE
Washington, DC 20507

EXHIBIT “A”

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