| The News: WILL has filed a complaint with the U.S. Equal Employment Opportunity Commission (“EEOC”) on behalf of Spencer Wimmer, a devout Christian, who was fired by Generac Power Systems, Inc. (“Generac”) after sharing his Christian beliefs on gender identity with his manager and Generac’s HR department. Wimmer’s faith does not allow him to deny the existence of two sexes or affirm gender transitions. His approach in the workplace had been simply to avert any issue by avoiding the use of preferred names and pronouns when these terms do not align with an individual’s biological sex. After Generac learned that Wimmer’s religious beliefs conflicted with the company’s expectation that he refer to transgender employees by their preferred names and pronouns, Wimmer was disciplined and terminated—even though Generac had not received any employee complaints about Wimmer. Prior to termination, Wimmer believed he would have a long-term career with Generac, having earned glowing performance reviews, merit-based raises, and multiple promotions into a leadership role. He lost his job after almost 5 years of dedicated service. The Quotes: WILL Associate Counsel, Cara Tolliver, stated, “WILL believes that Generac’s bias and hostility toward Spencer’s religious beliefs—including the company’s discipline, denial of a reasonable accommodation, and ultimate termination of Spencer—constitute religious discrimination under Title VII of the 1964 Civil Rights Act. WILL has taken up Wimmer’s case to oppose this compelled gender affirmation and secure the religious protections guaranteed by Title VII for Wimmer and all citizens across our country.” WILL Client, Spencer Wimmer, stated, “Generac considered my Christian beliefs to be harassment of others, despite glowing performance reviews and no complaints of any kind filed against me. I was heartbroken by the way Generac treated me, dismissing my religious convictions simply because they do not agree.” A Model Employee: Wimmer had more than satisfactorily performed his duties without incident and was known for consistently going above and beyond his regular duties. Reflecting his value, Wimmer quickly advanced into leadership, earned various raises, and received glowing annual performance reviews and feedback from his supervisors and direct reports. For example, in his 2024 performance review, Wimmer’s managing supervisor evaluated Wimmer as exceeding expectations—a rating no other employees in his position had achieved and that reflected his commitment and contributions to the company as well as the praises of his direct reports. What Happened: As alleged in WILL’s complaint, in early March, Wimmer explained to his supervisor that his Christian religious beliefs prevented him from affirming any form of a gender identity or sex transition, including the use of preferred names and pronouns that do not align with an individual’s biological sex. He felt compelled to share his beliefs with his supervisor because of the company’s continued focus on DEI, which prioritized identity politics in the workplace and implemented preferences for certain individuals based on, among other things, race and gender. In addition, given increasing claims of gender identity changes within the company, Wimmer was becoming increasingly unsure of how the company might view his religious beliefs and approach under various circumstances in which issues of gender identity may be present. Although Wimmer had been quietly attempting to avoid using preferred names and pronouns for a few transgender employees already, he was seeking clarity and assurances regarding his beliefs and the company’s expectations on the matter. Following this initial conversation, Wimmer was subsequently reported to HR, reprimanded, threatened, and written up. And, throughout all that, the company attempted to debate and debase the tenets of his faith. Generac’s bias and hostility toward Wimmer’s religious beliefs only continued throughout his unsuccessful pursuit of a religious accommodation. Despite Wimmer’s repeated attempts to engage with the company on an accommodation that would allow Wimmer to maintain his religious convictions while remaining respectful of others, Generac denied Wimmer’s request, deeming his proposal to avoid using employee names and pronouns altogether a violation of company policy. Throughout the entire ordeal, Generac made no attempt to accommodate Wimmer’s religious beliefs (despite securing a letter from his pastor) and produced no policy specifying how employees must address each other. Moreover, Generac acknowledged that no employee had ever complained about how Wimmer had addressed or communicated with them. Ultimately, Wimmer was terminated and escorted off company premises just weeks after Generac learned of his religious beliefs. In addition, Wimmer’s personal Bible and other belongings from his office workspace were later returned to him badly damaged. Why This Case Matters: More recently, the United States Supreme Court held that an employer, like Generac, who fails to provide an accommodation has a defense only if it “show[s] that the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” We believe that Generac has no such defense and made no attempt to accommodate Wimmer’s sincerely held religious beliefs. This case puts recent Supreme Court precedent to the test, challenging the validity of an employer’s “compelled gender affirmation” policy against an employee’s sincerely held religious beliefs. About Generac: Generac Power Systems, Inc. is owned and operated by Generac Holdings Inc. (NYSE: GNRC), one of Wisconsin’s largest and fastest growing companies. Headquartered in Waukesha, Wisconsin, the company employs around 10,000 workers and reported revenues exceeding $4 billion in 2024. Read more:EEOC Complaint, May 2025 Read and share the press release online here. |
