Federal agency sues Dothan hotel owner for sex, gender discrimination

A Dothan hotel owner has been sued for discrimination by a federal agency that claims a nonbinary worker was fired because he showed up to a work meeting with pink nails and wearing braids and capris.

The lawsuit filed Thursday in federal court in Dothan alleges Harmony Hospitality LLC, which owns the Home2Suites by Hilton hotel in Dothan, fired a night auditor at the hotel hours after the work meeting.

The auditor, only identified by the initials D.A., identifies as a nonbinary gay male and “styled himself in conformity with male gender stereotypes” while he worked at the hotel from Dec. 15, 2021 until around the day he was fired — Feb. 9, 2022 –, according to the lawsuit filed by the U.S. Equal Employment Opportunity Commission.

“During this Pride month, we want workers to know that they should be able to work in any job without fear of being harassed or fired because of who they are or who they love,” said EEOC General Counsel Karla Gilbride. “Federal civil rights law, as interpreted by the Supreme Court in Bostock v. Clayton County, makes it illegal to discriminate against an employee for their sexual orientation or gender identity, and the EEOC will vigorously enforce those protections.”

When D.A. showed up to the hotel for the work meeting on Feb. 9, 2022, which was held outside his normal working hours, he “styled himself in capri-cut joggers, pink-painted nails and box braids,” the lawsuit stated.

The lawsuit said that was the first time D.A. appeared at work “in a style that significantly differed from male gender stereotypes.”

Hitesh Patel, one of the hotel’s owners, learned of D.A.’s style conflicting with gender male stereotypes at the meeting and instructed an assistant general manager to tell D.A. to cut his hair.

But the assistant general manager told Patel that doing so would constitute discrimination of D.A.’s gender identity, according to the lawsuit.

Patel also told the manager that D.A. would have to be “hidden” working nights because of his appearance, the lawsuit alleged.

Patel’s wife, Nisha Patel, identified in the lawsuit as a co-conspirator, was told of the schedule change when she learned of D.A.’s sexual orientation, gender identity and non-conforming appearance, the suit stated.

About seven hours after the work meeting, D.A. was fired.

“Defendant made the decision to terminate D.A. on account of his sex, sexual orientation, gender identity and failure to adhere to male gender stereotypes,” the EEOC said in the lawsuit.