26 | EEOC-INITIATED LITIGATION: 2024 EDITION ©2024 Seyfarth Shaw LLP KEY CASES FILED IN FY 2023 EEOC v. Suncakes, LLC d/b/a IHOP, 3:23-cv-00274 (W.D.N.C) The EEOC filed a lawsuit on behalf of a former employee asserting claims for religious discrimination and failure to accommodate. Originally, the employee requested and was granted an accommodation of not working on Sundays in accordance with his religious beliefs. However, after a change in management, his new manager scheduled him to work on two Sundays. After working these days, the employee refused to work any further Sundays and the general manager precluded him from working his next shift and terminated him. The EEOC further alleges that the manager expressed hostility toward religion in comments made to other employees. EEOC v. Hooters of America LLC, 1:23-cv-722 (M.D.N.C.) The EEOC filed suit on behalf of a class of female employees claiming that Hooters engaged in discrimination when it primarily laid off Hooters Girls who were Black and/or had dark skin tones during the COVID-19 pandemic. According to the EEOC, when Hooters eventually recalled employees, it recalled mostly white or light skin employees. Prior to the layoffs, 51% of Hooters Girls were Black and/or had dark skin tones whereas after the recall that number was at only 8%. KEY SETTLEMENTS SECURED IN FY 2023 EEOC v. iTutor Group, Inc., 1:22-cv-02565 (E.D.N.Y.) The EEOC and defendants, three companies providing language tutoring to students in China, settled a lawsuit the EEOC brought on behalf of over 200 applicants. The EEOC claimed defendants denied the applicants employment because of their age. The EEOC alleged defendants’ software automatically rejected female applicants over 55 and male applicants over 60. The parties agreed that defendants will pay $365,000, adopt a new antidiscrimination policy, and provide training for employees involved in hiring. The EEOC will also monitor defendants’ compliance with the Consent Decree for at least five years. EEOC v. NSN, LLC, 5:22-cv-00237 (E.D.N.C.) Defendant NSN will pay $42,000 to settle a disability discrimination and retaliation lawsuit. The EEOC filed suit on behalf of a former employee whose reasonable accommodations were rescinded after a change in management. The two-year Consent Decree resolving the case also requires NSN to adopt and implement a new disability accommodation policy and provide training to all personnel concerning its obligation to comply with federal employment law. EEOC Charlotte District Office DISTRICT PROFILE Director: Betsy Rader Regional Attorney: Melinda Dugas Merit Cases Filed in FY 2023: 9 (T-4th) Average Days Between Determination Letter & Failure to Conciliate: 149 Average Days Between Failure to Conciliate & Complaint: 229 Average Days Between Determination Letter & Complaint: 378 VA SC NC Charlotte
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