EEOC takes action against EMS over allegations of gender-based discrimination

By Mark Iandolo | Mar 15, 2016

CHARLOTTE, N.C. (Legal Newsline) – The U.S. Equal Employment Opportunity Commission has charged Executive Management Services Inc. (EMS) with allegations of violating federal law by failing to hire a qualified male applicant because of his gender.

EMS is a company that provides commercial cleaning, facility management and other commercial services across the country. In 2009, it subcontracted its deal with client Convergys Corp. to Skyline Services. According to the EEOC’s claims, William Kehoe was a Skyline employee working as a janitor in a Convergys facility who would clean both male and female restrooms. When women would enter the female bathroom, Kehoe would leave and resume work when the women had left.

Because of these interruptions, EMS allegedly requested Skyline replace Kehoe and terminated Skyline’s contract soon after it refused. EMS then rehired many Skyline employees, but would not hire Kehoe, the EEOC charges state.

Sex discrimination is a violation of Title VII of the Civil Rights Act of 1964.

"Denying a person a job opportunity because of his or her sex is unjust and unlawful," Lynette Barnes, the EEOC Charlotte District Office regional attorney, said. "People should not be deprived of their right to earn a living simply because of their gender."

The EEOC will seek back pay, compensatory and punitive damages, rightful-place hiring and injunctive relief.

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