NASHVILLE, Tenn. – Performance of Brentwood, L.P., doing business as Lexus of Cool Springs, an automobile dealership, violated federal law when it subjected a female service consultant to different terms and conditions of employment than similarly situated male co-workers and then fired her because of her sex, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

Performance of Brentwood, L.P.owns and operates two Lexus car dealerships in the greater Nashville area, one of which is Lexus of Cool Springs.

According to the EEOC’s lawsuit, the company’s service director subjected women consultants to different terms and conditions of employment than similarly situated male coworkers. In his first three months on the job, the service director replaced two women service consultants with multiple male consultants. In addition, the EEOC contends, the service director approved five vacation days each for two men he had hired, despite their lack of accumulated leave time. In contrast, the EEOC charges, he fired the last remaining female service consultant, who was the department’s top performer, for “poor attendance” after she tried to use one of her earned sick days.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits dis­crimination on the basis of sex. The EEOC filed suit (EEOC v. Performance of Brentwood, L.P., Civil Action No. 3:20-cv-00795) in U.S. District Court for the Middle District of Tennessee, Nashville Division, after first attempting to reach a voluntary pre-litigation settlement through its conciliation process. The suit seeks monetary relief in the form of back pay and compensatory damages, as well as an injunction against future discrimination.

“It is unfortunate that 56 years after passage the all-important Civil Rights Act of 1964, employers continue to deny women equal employment opportunities in the workplace,” said Delner Franklin-Thomas, district director of the EEOC’s Memphis District Office, which has juris­dic­tion over Arkansas, Tennessee and portions of Mississippi.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov.