22 | EEOC-INITIATED LITIGATION: 2023 EDITION ©2023 Seyfarth Shaw LLP KEY CASES FILED IN FY 2022 EEOC v. iTutorGroup, Inc., 1:22-cv-2565 (E.D.N.Y.) The EEOC filed suit on behalf of a class of over 200 job applicants asserting a claim for age discrimination pursuant to the ADEA. According to the EEOC’s Complaint, the defendant tutoring service set its hiring software to automatically reject female applicants over the age of 55 and male applicants over the age of 60. In support of its claims, the EEOC alleged that a female applicant over the age of 55 had her tutor application rejected when she used her real birthdate, but that when she used a more recent birthdate on a subsequent applicant, iTutorGroup offered her an interview. EEOC v. 98 Starr Road Operating Co., LLC d/b/a Elderwood at Burlington, 2:22-cv-168 (D. Vt.) In this matter, the EEOC asserted that the defendant long-term care facility subjected a group of African American nurses and nurse assistants to a racially hostile work environment in violation of Title VII. Specifically, the EEOC claimed that Elderwood at Burlington allowed its residents to repeatedly use racial slurs and hostile language toward African American employees. The EEOC also alleged that the facility’s management ignored employees’ complaints about this behavior. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. AZ Metro Distributors, LLC, 15-cv-5370 (E.D.N.Y.) AZ Metro Distributors settled an ADEA lawsuit in which the EEOC alleged that the defendant iced tea distributor terminated its two oldest sales employees in their department because of their age. After a jury ruled in the EEOC’s favor, the parties entered into a two-year consent decree requiring AZ Metro Distributors to pay $300,000 to the terminated sales employees, provide annual ADEA training, and report any complaints of age discrimination or retaliation to the EEOC. EEOC New York District Office DISTRICT PROFILE Director: Timothy Riera (Acting) Regional Attorney: Jeffrey Burstein Merit Cases Filed in FY 2022: 7 (T-4th) Average Days Between Determination Letter & Failure to Conciliate: 111 Average Days Between Failure to Conciliate & Complaint: 134 Average Days Between Determination Letter & Complaint: 245 NJ NY VT NH MA CT ME New York
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