30 | EEOC-INITIATED LITIGATION: 2024 EDITION ©2024 Seyfarth Shaw LLP who opposed its discriminatory practices. According to the EEOC’s lawsuit, Ecoserv instructed a former human resources employee to limit the number of African American workers she hired. The HR official learned of other discriminatory practices such as not hiring women or older workers for non-office positions. The HR official opposed and refused to abide by the practices and informed her manager that the company’s hiring practices violated Federal law. Shortly thereafter, Defendant terminated her. KEY SETTLEMENTS SECURED IN FY 2023 EEOC v. Hooters of Louisiana LLC, 2:23-cv-02864 (E. D. La.) Under a three-year Consent Decree, Hooters and associated companies agreed to pay former employees $650,000 in backpay and damages and provide training, revise policies, and provide the EEOC with regular reports as part of its settlement with the agency. According to the EEOC, defendants subjected African American employees to demeaning race-based remarks which created an offensive work environment. Furthermore, defendants failed to rehire any qualified African American employees, many of whom complained of race-based discrimination, after laying them off at the outset of the COVID-19 pandemic. EEOC v. Lion Elastomers, LLC, 1:21-cv-00493 (E.D. Tex.) Lion Elastomers agreed to pay $175,000 and revise its anti-discrimination policies pursuant to a 30-month Consent Decree. The Consent Decree also requires defendant to distribute the revised policies to employees, provide managers and human resources staff with training on the ADA, and inform them of their legal obligation to prevent, address, and remedy disability-based discrimination. The Consent Decree comes after the EEOC filed suit on behalf of a class of applicants whose job offers were rescinded based on the company’s assumption that they were unable to lift heavy objects based on their back impairments. KEY CASES FILED IN FY 2023 EEOC v. The Phoenix Center, Inc., 1:23-cv-592 (S.D. Ohio) The EEOC filed suit alleging that The Phoenix Center, a mental health and substance use recovery center, engaged in disability discrimination. According to the suit, defendant rejected two applicants because of their disability or based on the perception that they have a disability. The EEOC further claims that defendant subjected a class of applicants to impermissible medical inquiries. EEOC v. Trinity Health d/b/a Mercy Health St. Mary’s, 1:23-cv-00435 (W.D. Mich.) The EEOC filed suit on behalf of an individual alleging his job offer was rescinded after he refused to receive a flu vaccine for religious reasons. Specifically, the EEOC alleges that Mercy Health maintained an influenza policy EEOC Indianapolis District Office DISTRICT PROFILE Director: Michelle Eisele Regional Attorney: Kenneth Bird Merit Cases Filed in FY 2023: 13 (T-2nd) Average Days Between Determination Letter & Failure to Conciliate: 66 Average Days Between Failure to Conciliate & Complaint: 242 Average Days Between Determination Letter & Complaint: 309 MI OH IN KY MI Indianapolis
RkJQdWJsaXNoZXIy OTkwMTQ4