©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 31 which required employees to receive an annual flu shot, subject to exemptions. As his conditional job offer was pending, he applied for exemption pursuant to the policy but was denied. His job offer was then rescinded without explanation. KEY SETTLEMENTS SECURED IN FY 2023 EEOC v. Munster Medical Research Foundation, Inc. d/b/a Community Hospital, 2:23-cv-00201 (N.D. Ind.) Defendant agreed to pay $158,000, rehire a former registered nurse, and adopt policy changes to settle a lawsuit filed by the EEOC. In addition to the monetary relief, the three-year Consent Decree provided for injunctive relief, ensuring qualified employees with disabilities are reassigned to vacant positions rather than terminated. The decree further requires that defendant provide human resources personnel with annual training on the ADA’s reasonable accommodation requirements. The Consent Decree came after the EEOC filed suit alleging that defendant failed to assign a nurse to an alternative position after she suffered a workplace injury resulting in lifting restrictions. EEOC v. R&L Carriers Shared Services, LLC & R&L Carriers, Inc., 1:17-cv-00515 (S.D. Ohio) Defendants agreed to pay $1,250,000 to settle a class action lawsuit filed by the EEOC. It must also provide equitable and affirmative relief, such as training hiring personnel and engaging in outreach and recruitment efforts to employer women as loaders. The settlement resolves the EEOC’s suit, in which it alleged that R&L discriminated against women in its hiring for loader positions after female applicants were rejected from the position because of their sex. KEY CASES FILED IN FY 2023 EEOC v. Pacific Culinary Group, Inc., 2:23-cv-3018 (C.D. Cal.) The EEOC filed suit on behalf of a class of individuals it alleges were subjected to unlawful discrimination and retaliation. The defendants, two companies who sell, produce, and distribute food products allegedly, since 2020, subjected male and female workers to sexual harassment. This included unwelcome sexual advances, comments about their appearance, and questions about employees’ sexual preferences. After receiving multiple complaints, the company failed to take remedial action, instead disciplining the complaining employees. EEOC v. Mariscos El Puerto, Inc., 2:23-cv-01309, 2:23-cv-01310 (D. Nev) The EEOC filed companion lawsuits against two defendants in the restaurant and bar industry. According to the Complaint, defendants subjected female workers to sexual harassment and gay and lesbian workers to discrimination and harassment. The EEOC alleges that male managers required female employees to engage in sexual NV CA Los Angeles Hawaiian Islands American Samoa Guam Northern Mariana Islands Wake Island NV CA Los Angeles Hawaiian Islands American Samoa Guam Northern Mariana Islands Wake Island EEOC Los Angeles District Office DISTRICT PROFILE Director: Christine Park-Gonzalez Regional Attorney: Anna Y. Park Merit Cases Filed in FY 2023: 10 (T-3rd) Average Days Between Determination Letter & Failure to Conciliate: 183 Average Days Between Failure to Conciliate & Complaint: 337 Average Days Between Determination Letter & Complaint: 466
RkJQdWJsaXNoZXIy OTkwMTQ4