EEOC: Lawsuits and Settlements – September 16 to 30, 2024

Equal Employment Opportunity Commission EEOC on a desk.

Each month, the Equal Employment Opportunity Commission (EEOC) files lawsuits and settles cases covering the federal laws they are responsible for enforcing. These federal laws include:

Below is a list of lawsuits and settlements by the EEOC in from September 16 to September 30, 2024.


Table Of Contents
  1. EEOC Lawsuits
  2. EEOC Settlements


EEOC Lawsuits

Alabama: EEOC Sues Sarafina Network LLC for Disability Discrimination and Retaliation

Allegations

Disability discrimination: Retaliation

Laws Involved

Americans with Disabilities Act (ADA)

State

Alabama

Summary

According to the lawsuit, employees and store managers used disability-focused epithets and regularly mocked a cashier based on his disabilities. After the employee complained about the harassment on several occasions, store managers removed him from the work schedule, required the employee to provide medical clearance before returning to work, and then refused to accept the document when provided. Management ultimately fired the employee due to his disabilities and complaints of unlawful harassment.


Alabama: EEOC Sues Two Employers Under the Pregnant Workers Fairness Act

Allegations

Pregnancy discrimination; Disability discrimination

Laws Involved

Pregnant Workers Fairness Act (PWFA); Americans with Disabilities Act (ADA)

State

Alabama

Summary

The agency filed against the manufacturing company after Polaris refused to excuse an employee’s absences for pregnancy-related conditions and medical appointments, and required her to work mandatory overtime despite knowing that her physician had restricted her from working over forty hours per week during her pregnancy. Because of her pregnancy-related absences, the company assessed attendance points against her and warned that she would be terminated if she acquired another point. As a result, the employee resigned to avoid termination and protect her pregnancy.


Alabama: EEOC Sues Sanmina Corporation for Disability Discrimination

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Alabama

Summary

According to the lawsuit, the employee had osteoarthritis and other conditions that made movements such as walking across Sanmina’s large parking lot difficult and painful. Sanmina had previously refused to increase the number of handicap parking spaces or provide other solutions. During the COVID-19 pandemic, the employee worked from home for a couple of years without any negative impact on her productivity or responsibilities. All the essential functions of her position could be performed remotely. After the pandemic, Sanmina began requiring all workers to return to working in person. The employee requested an accommodation of continuing to work from home. Sanmina granted the employee’s accommodation request until further notice. However, several months later, Sanmina terminated the employee’s employment because of her accommodation of working from home due to her disability.


Georgia: EEOC Sues Osmose Utilities Services for Disability Discrimination and Retaliation

Allegations

Disability discrimination: Retaliation

Laws Involved

Americans with Disabilities Act (ADA)

State

Georgia

Summary

According to the EEOC’s lawsuit, a one call locator who had suffered a head injury and stroke requested to work fully remote from home as an accommodation. In-person attendance was not an essential function of the position and Osmose Utilities had previously allowed the employee to work remotely while its office was relocated in 2019. However, Osmose Utilities denied the employee’s request to work remotely as an accommodation for her medical condition.

Alternatively, the employee requested to work remotely for two to three days per week. However, Osmose Utilities denied the employee’s alternative request. Although the employer granted the employee leave to attend medical appointments, management complained about the employee leaving work to go to medical appointments and pressured her to end her appointments prematurely. Six weeks after her first accommodation request, the employee was fired without any warning.


Illinois: EEOC Sues Reggio’s Pizza for Retaliation

Allegations

Sex discrimination; Gender discrimination; Retaliation

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Illinois

Summary

According to the suit, Reggio’s Pizza fired an employee at its O’Hare Airport location because she complained about harassment. The employee, who is transgender, reported to the company that she believed a manager had outed her to other employees. As a result, coworkers misgendered her, prompting a customer to make an offensive comment using both an LGBTQ+ slur and a racial slur. When the employee reported these additional incidents to a manager, he took her badge, which was tantamount to firing her, as it prevented her from returning to work.


Illinois: EEOC Sues Timken for Disability Discrimination

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Illinois

Summary

According to the suit, Timken interviewed the applicant, an engineer with decades of manufacturing experience, and offered him a manufacturing engineer position. However, the company subjected him to a pre-employment hearing test that required listening to someone standing five feet behind the applicant whisper letters and numbers. After the applicant did not pass this hearing test, Timken refused to hire him and did not discuss any reasonable accommodations which could have resolved any company concerns.to the suit, Reggio’s Pizza fired an employee at its O’Hare Airport location because she complained about harassment. The employee, who is transgender, reported to the company that she believed a manager had outed her to other employees. As a result, coworkers misgendered her, prompting a customer to make an offensive comment using both an LGBTQ+ slur and a racial slur. When the employee reported these additional incidents to a manager, he took her badge, which was tantamount to firing her, as it prevented her from returning to work.


Illinois: EEOC Sues Admiral Theatre of Chicago for Sex and Race Discrimination and Retaliation

Allegations

Race discrimination; Sex discrimination; Retaliation

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Illinois

Summary

According to the suit, Admiral Theatre allowed the creation of a hostile environment for entertainers, who were exposed to dangerous, harassing, and sometimes violent behavior from club patrons which included grabbing, groping, slapping, and, in some cases, digitally penetrating entertainers without consent.

Although the club nominally prohibits physical contact between patrons and entertainers, patrons routinely ignored the rule, and entertainers’ complaints to the company were not taken seriously nor did the company provide an adequate response. When an entertainer publicly objected, Admiral prevented her from returning to work.

Black dancers also faced discrimination as company management limited their shifts, pushed them into less lucrative shifts, controlled their appearance and work conditions more strictly than white dancers, and used racial slurs. Although entertainers qualify as employees under federal law, Admiral Theatre misclassified them as independent contractors.


Louisiana: EEOC Sues Minden Seafood for Sexual Harassment and Retaliation

Allegations

Sex discrimination; Sexual harassment; Retaliation; Constructive discharge

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Louisiana

Summary

According to the lawsuit, the female employee was a cashier at the restaurant. A coworker repeatedly and persistently subjected her to unwelcome sexual advances, including making unwanted and inappropriate comments about her body, sexually propositioning her, and following her into a bathroom and exposing himself to her. The female employee complained to the restaurant owner, who allowed the harasser to continue working with the female employee. Finding conditions intolerable, the female employee felt compelled to resign. She asked to return to work, but her request was denied.


Michigan: EEOC Sues Navitas Systems for Disability Discrimination

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Michigan

Summary

According to the suit, Navitas maintained a policy which required an employee returning from any type of medical leave to have a “100% release for work.” The former employee, who was employed as a divisional controller, suffered a severe rotator cuff injury and fractured wrist in April 2020. His doctor restricted him from using his left arm but cleared him to return to work with restrictions. He requested permission to return to work despite Navitas’s policy, as he could perform all the essential functions of his position using his right arm. Navitas applied its policy, refused to allow him to work, and then fired him.


Minnesota: EEOC Sues St. Cloud Area Family YMCA for Sexual Harassment

Allegations

Sex discrimination; Sexual harassment

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Minnesota

Summary

According to the EEOC’s suit, a manager repeatedly propositioned one of the employees for sex. The manager also made unwelcome sexual comments about the female employees’ bodies and physical appearance, and made demeaning comments about women. The employees reported the harassment to YMCA management, which failed to take prompt action to stop or prevent the harassment. As a result, one of the employees had to resign to avoid the harassment, the EEOC said.


New Mexico: EEOC Sues Allen Theatres for Age Discrimination

Allegations

Age discrimination

Laws Involved

Age Discrimination in Employment Act (ADEA)

State

New Mexico

Summary

According to the lawsuit, Allen Theaters discriminated against Abby Parrish, a manager at the Clovis, New Mexico location, when the president of the company forced him to retire in September 2020, and refused to return him to work in March 2021 because he was 72 years old. Also, while Parrish was employed, Allen Theatres stopped paying for his family health insurance coverage once he reached age 65, according to a discriminatory company compensation policy. The same policy resulted in Allen Theatres paying employees age 65 and over less in compensation. Parrish worked for the company for more than 30 years.


New York: EEOC Sues Boxwood and Related Hotel Franchises for Discriminating Against Transgender Employee

Allegations

Sex discrimination; Gender discrimination

Laws Involved

Title VII of the Civil Rights Act of 1964

State

New York

Summary

According to the lawsuit, during a transgender housekeeper’s first day of work at a Holiday Inn Express located in Jamestown, New York, their supervisor referred to them as a “transformer,” made multiple offensive derogatory comments about being transgender, and repeatedly misgendered the housekeeper or referred to them as “it.” The housekeeper made prompt complaints to local managers and a corporate office but, instead of taking action to stop the unlawful conduct, management suggested that the job might not be a good fit, and told the housekeeper their services were no longer needed.


North Carolina, Tennessee, Virginia: Kickback Jack’s Sued by EEOC for Failing to Hire Males for Front-of-House Positions

Allegations

Sex discrimination

Laws Involved

Title VII of the Civil Rights Act of 1964

State

North Carolina, Tennessee, Virginia

Summary

According to the lawsuit, Battleground had, and continues to have, a policy or practice of intentionally failing to hire male applicants for front-of-house positions because of their sex. The lawsuit states that between Dec. 1, 2019, and Feb. 18, 2022, the companies employed more than 2,100 persons in non-managerial front-of-house server positions at 19 Kickback Jack’s restaurants across North Carolina, Virginia, and Tennessee. Of the servers employed at Battleground’s Kickback Jack’s restaurants during that time period, only approximately three percent were male, and some restaurants had no male servers at all. The EEOC alleges that Battleground has no legitimate business justification for failing to hire males in these positions. The EEOC also alleges that Battleground failed to comply with Title VII’s recordkeeping regulations.


Oklahoma: EEOC Sues Two Employers Under the Pregnant Workers Fairness Act

Allegations

Pregnancy discrimination; Disability discrimination

Laws Involved

Pregnant Workers Fairness Act (PWFA); Americans with Disabilities Act (ADA)

State

Oklahoma

Summary

The agency filed against the specialty medical practice when it did not allow a medical assistant at its Tulsa facility to sit, take breaks, or work part-time as her physician said was needed to protect her health and safety during the final trimester of her high-risk pregnancy. Instead, the practice forced her to take unpaid leave and refused to guarantee she would have breaks to express breastmilk. When she would not return to work without those guaranteed breaks, Urologic Specialists terminated her.


Pennsylvania: EEOC Sues AccentCare Home Health Care Company for Pay Discrimination and Retaliation

Allegations

Sex discrimination; Retaliation

Laws Involved

Title VII of the Civil Rights Act of 1964; Equal Pay Act (EPA)

State

Pennsylvania

Summary

According to the EEOC’s lawsuit, female Licensed Practical Nurses (LPNs) working out of AccentCare’s Pottsville, Pennsylvania, location were paid less than their male colleague for performing equal work, despite their superior qualifications. After a female LPN repeatedly complained about the gender-based pay disparity and requested a raise, AccentCare retaliated against her, and ultimately fired her.


Puerto Rico: EEOC Sues Farmacias Carimas for Sexual Harassment and Constructive Discharge

Allegations

Sex discrimination; Sexual harassment; Constructive discharge

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Puerto Rico

Summary

According to the lawsuit, manager Khalid Yassin, nephew of the company’s owner, Abdullah Yassin, attacked a female employee before closing the store at night, and subjected her to unwanted sexual contact. Khalid Yassin forced the employee onto the floor, forcibly grabbed and kissed her, and rubbed his genitals against her. The employee did not know of any process for complaining about the harassment and was forced to resign.


Tennessee: EEOC Sues Shimmick Corporation for Retaliation

Allegations

Retaliation

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Tennessee

Summary

According to the lawsuit, a former employee filed a complaint on behalf of a female employee, his fiancée, alleging sex-based discrimination by the employee’s supervisors. Shimmick investigated the complaint. During the investigation, the female employee responded to Shimmick’s questions and provided evidence of the sex-based discrimination, including identifying two male managerial employees as individuals who tolerated and enabled the discriminatory mistreatment she endured. Less than a month after Shimmick’s investigation, the two managerial employees reassigned the female employee to the nightshift in an attempt to force her to resign. The managers presented the employee with an ultimatum: either agree to work the nightshift or turn in the keys and leave. The managerial employees left the female employee with no choice but to relinquish her keys and leave the job site.


Texas: EEOC Sues San Antonio Car Dealerships for Sex-Based Discrimination and Retaliation

Allegations

Sex discrimination; Sexual harassment; Retaliation

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Texas

Summary

The EEOC’s lawsuit claimed a male manager for Ingram Park Chrysler Jeep Dodge Ram created and maintained a hostile work environment by subjecting a female fleet service advisor to pervasive and unwanted sexist comments degrading to women. The manager also directed clients away from the fleet service advisor and excluded her from important communications regarding business operations – resulting in a loss of sales and negatively affecting her commission-based compensation.

Additionally, the suit claims the manager excluded the fleet service advisor and another female employee from a group chat he organized with male service advisors, where he exclusively announced competitions for monetary bonuses. As a result, both women were denied opportunities to compete and receive bonuses. After the fleet services advisor reported the discriminatory treatment to multiple managers and the human resources department, the dealership fired her.


Texas: EEOC Sues Heart of Texas Goodwill for Disability Discrimination

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Texas

Summary

According to the lawsuit, Heart of Texas Goodwill refused to consider an applicant who is deaf for a job tagging and sorting merchandise at its store in Killeen, Texas. The EEOC’s complaint alleges that a manager told the applicant that she was not eligible for a position because her disability might raise a safety concern. In response, the applicant suggested a potential reasonable accommodation to address any safety concerns and indicated she had worked in an identical position at another Goodwill store without issue. While the manager told the applicant she would inquire with the human resources department about the applicant’s request for an accommodation, Heart of Texas Goodwill failed to follow up with the applicant and refused to move forward with the hiring process, based on the incorrect assumption that individuals who are deaf are incapable of working safely in a retail setting.


Texas: EEOC Sues HSS Security for Sex Discrimination

Allegations

Sex discrimination

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Texas

Summary

According to the EEOC’s lawsuit, a woman applied for a security shift supervisor position at an HSS Security client site, a hospital in Webster, Texas. The job description required prior security guard experience, the ability to obtain and maintain firearm and TASER licenses, a driver’s license and working knowledge of firearms. The description also listed supervisory experience as a preferred qualification.

An HSS recruiter interviewed the female applicant, found her to be qualified for the job, and offered her the position. After the applicant accepted the job offer, she was scheduled to meet two HSS supervisors, the program manager and the facility supervisor. The supervisors told the applicant the job could get very physical and that individuals in the hospital would at times have to be subdued. She described to them her actual experience in similar situations. Despite her assurances, the program manager subsequently instructed the recruiter to withdraw her job offer and weeks later, HSS offered the same job to two separate male applicants. Neither of these male applicants was more qualified than the female applicant, the suit said.


Texas: EEOC Sues Castle Hills Master Association and Parent Companies for Disability Discrimination

Allegations

Disability discrimination; Pregnancy discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Texas

Summary

According to the EEOC’s lawsuit, the pregnant resident coordinator was diagnosed with placenta previa, a condition that causes physical symptoms and limitations and makes a pregnancy high-risk. The resident coordinator notified the companies of her condition and the fact that it would necessitate delivery via cesarean section. About a month before her due date, she was hospitalized due to complications related to her condition. When her doctor ordered she be on bed rest until she gave birth, the employee notified her supervisor of her hospitalization and need for leave.

However, while still in the hospital, the property management companies notified her she was terminated, even though she would have been able to return to work as soon as she recovered from her disability-related cesarean section, the EEOC said. The property management companies told the employee it would not accommodate her because they do not provide leave outside of that covered under its short-term disability plan or the Family Medical Leave Act (FMLA).


Virginia: Virginia International Terminals Sued by EEOC for Disability Discrimination

Allegations

Disability discrimination; Pregnancy discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Virginia

Summary

According to the EEOC’s lawsuit, the employee, who previously worked at Norfolk International Terminals as a hustler truck driver, was hospitalized because of a cardiac event and received an implantable cardioverter defibrillator. Although he was released by his cardiologist to return to work without restriction, the company would not allow him to drive a hustler truck because of his disability. A hustler truck is used to move shipping containers around the private roads of the marine terminal at a maximum speed of 20 miles per hour. The hustler truck position does not require a commercial driver’s license and hustler trucks do not operate on public roads. The EEOC alleges that VIT unlawfully imposed a permanent exclusion of the driver from his job as a hustler driver, and instead offered him work that paid less and/or provided fewer hours.


Virginia: EEOC Sues Inova Surgery Center, LLC for Disability and Age Discrimination

Allegations

Age discrimination

Laws Involved

Age Discrimination in Employment Act (ADEA)

State

Virginia

Summary

According to the lawsuit, when a 52-year-old radiologic technician requested an extension of her medical leave to recover from carpal tunnel surgery, Inova Surgery Center terminated her and replaced her with two co-workers, ages 24 and 35. The termination and replacement occurred while the employee was still on approved medical leave, the EEOC said.



EEOC Settlements

Louisiana: Gracious Bakery to Pay $46,500 in EEOC Pregnancy Discrimination Lawsuit

Allegations

Pregnancy discrimination; Disability discrimination

Laws Involved

Pregnant Workers Fairness Act (PWFA); Americans with Disabilities Act (ADA)

State

Louisiana

Summary

According to the EEOC’s lawsuit, the company violated federal law after it fired an employee for missing two shifts at the bakery to seek emergency medical treatment related to her pregnancy. Although the pregnant employee returned to work within a few days and performed satisfactorily, the company fired her because, according to her managers, her pregnancy complications created a reliability issue.


Maryland: All Day Medical Care Clinic, LLC Agrees to Pay $75,000 to Resolve EEOC Disability Discrimination Suit

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Maryland

Summary

The EEOC charged that All Day Medical Care Clinic violated federal law by failing to provide an employee with a disability with a reasonable accommodation and discharged her when it learned that she needed an accommodation. According to the EEOC’s lawsuit, the company fired a scheduling assistant, who on her first day of work, requested software to be installed on her assigned computer which would accommodate her vision impairments. The company refused to accommodate the employee’s vision impairments and instead terminated her for not disclosing her disability during her interview.


Maryland: Len Stoler, Inc. to Pay $105,000 in EEOC Disability Discrimination Suit

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Maryland

Summary

According to the EEOC’s lawsuit, Len Stoler, Inc. employed a service advisor who sustained traumatic brain injury (TBI) and was in a coma after surviving a serious accident that affected her ability to speak, walk and engage in other activities of daily life. After intensive rehabilitation, the employee was ready to return to work in her position as a service advisor. However, Len Stoler demoted her to a lower-paying cashier position at a different location because of her disabilities caused by the accident, the EEOC said. The EEOC also charged that Len Stoler eventually fired the employee based on her disability.


Maryland: EEOC Sues DR Horton for Disability Discrimination

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Maryland

Summary

According to the lawsuit, DR Horton assigned a sales associate to a new housing development 66 miles from her home. The sales associate’s diabetic neuropathy made prolonged sitting and gripping an object such as a steering wheel painful, and she requested to be moved to a property closer to her home. Over the course of several months, three closer properties became available, but DR Horton did not reassign her. The sales associate resigned to avoid further daily physical pain.


Michigan: ASHN and Beaumont ASHN to Pay $65,000 in EEOC Disability Discrimination Lawsuit

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Michigan

Summary

According to the EEOC’s lawsuit, a former employee who worked as an in-home occupational therapist suffered a grand mal seizure and was later diagnosed with a brain tumor and seizure disorder. The former employee requested the ability to use a ridesharing service as transportation to patients’ homes. ASHN denied her request and then fired her, the EEOC said.


Michigan: Pero Family Farms Company to Pay $40,000 in EEOC Sexual Harassment Lawsuit

Allegations

Sex discrimination; Sexual harassment

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Michigan

Summary

The EEOC’s suit alleged Pero Family Farms maintained a sexually hostile work environment at its Benton Harbor, Michigan, facility by allowing a male employee to sexually harass a female co-worker until she obtained a personal protection order.


New York: Four Seasons Licensed Home Care Agency to Pay $400,000 in EEOC Race and National Origin Discrimination Lawsuit

Allegations

Race discrimination

Laws Involved

Title VII of the Civil Rights Act of 1964

State

New York

Summary

According to the EEOC’s lawsuit, Four Seasons routinely acceded to patients’ racial preferences when making home health aide assignments, including removal of Black and Hispanic aides. Those aides would be transferred to a new assignment or, if no other assignment were available, lose their employment completely.


Tennessee: Aaron Thomas Company to Pay $450,000 to Settle EEOC Race Discrimination Lawsuit

Allegations

Race discrimination

Laws Involved

Title VII of the Civil Rights Act of 1964

State

Tennessee

Summary

The EEOC alleged Aaron Thomas routinely failed to select or retain Black workers for placement at Aaron Thomas’ Memphis, Tennessee locations. Aaron Thomas used multiple secret phrases and techniques when requesting temporary employees from a staffing agency, including requesting Spanish-speaking employees to fill roles that did not require such language skills. The company also segregated employees by race and generally provided Hispanic workers better pay, working conditions, and financial opportunities than Black workers.


Texas: EEOC Sues The Results Companies for Disability Discrimination

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Texas

Summary

According to the EEOC’s lawsuit, The Results Companies hired a blind employee as a telephonic customer service representative to work from its call center in Wichita Falls, Texas. After accepting the position, the employee requested to use screen reader software as a reasonable accommodation, which would allow her to use the company’s computer systems to perform her job duties. Screen readers convert text and other information on computers into synthesized speech. 

The lawsuit charged the company with taking only minimal steps to facilitate the employee’s use of screen reader software, refused the employee’s requests to contact her vocational counselor and the publisher of her screen reader software to request technical assistance, and then fired her because she required the disability-related accommodation. 


Texas: Employment & Training Centers to Pay $35,000 in EEOC Disability Discrimination Lawsuit

Allegations

Disability discrimination

Laws Involved

Americans with Disabilities Act (ADA)

State

Texas

Summary

According to the lawsuit, following a conditional job offer, ETC refused to reasonably accommodate an applicant who said he was unable to produce a urine specimen for drug testing because of end-stage kidney disease. The company failed to provide an alternative method of drug testing and rescinded the job offer, the EEOC said.


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