34 | EEOC-INITIATED LITIGATION: 2024 EDITION ©2024 Seyfarth Shaw LLP KEY CASES FILED IN FY 2023 EEOC v. Asphalt Paving Systems, Inc., Civil Action No. 8:23-cv-02169 (M.D. Fla.) The EEOC filed a Title VII lawsuit against Asphalt Paving Systems, Inc., an asphalt paving company, alleging that African American employees were subjected to racism and a hostile work environment through the open use of racial slurs and racist comments, including use of the “n-word” by employees and managers. Black employees were also subjected to demeaning working conditions, such as being required to work without breaks while white employees watched, and being forced to relieve themselves outdoors while white employees were taken to indoor bathrooms. The Complaint further alleges that APS prevented members of an African American paving crew from finding alternative employment by contacting a future employer and requesting that they not hire them. EEOC v. Kane’s Furniture, LLC, d/b/a Kane’s Furniture Civil Action No. 8:23-cv-02067 (M.D. Fla.) The EEOC filed a lawsuit against Kane’s Furniture, LLC, a furniture store operator, alleging sex discrimination. In its Complaint, the EEOC alleges that Kane’s chief executive officer instructed other company personnel not to hire women as delivery drivers or warehouse associates. Consistent with this instruction, Kane’s refused to hire any female delivery drivers, delivery assistants, and warehouse associates across its Florida facilities, according to the EEOC. KEY SETTLEMENTS SECURED IN FY 2023 EEOC v. Arubaanse Luchtvaart Maatschhappij Nv, Inc. d/b/a Aruba Airlines, Civil Action No. 1:23cv-20597 (S.D. Fla.) The EEOC and Aruba Airlines settled a Title VII lawsuit brought by the EEOC which alleged a pregnant employee was terminated soon after announcing her pregnancy. The company will pay $75,000.00 in monetary relief. Pursuant to the four-year Consent Decree, the Defendant it will adopt and enforce a policy against discrimination based on pregnancy should it resume its U.S. operations. It will provide anti-discrimination and anti-retaliation training to human resources personnel, managers, and employees to ensure employees are aware of their rights and complaint procedures and management and human resources personnel are aware of their obligations to prevent workplace discrimination and how to address complaints. The decree also requires Aruba Airlines to provide the EEOC with reports of any complaints of pregnancy discrimination and describe its actions taken in response to each complaint. EEOC v. Houcorp, Inc., Civil Action No. 2:23-cv-14191 (S.D. Fla.) The EEOC settled an ADA lawsuit it initiated against the company, a fast-food restaurant franchise, alleging that the company refused to provide an American Sign Language (ASL) interpreter upon request for an employee’s orientation. EEOC Miami District Office DISTRICT PROFILE Director: Evangeline Hawthorne Regional Attorney: Robert E. Weisberg Merit Cases Filed in FY 2023: 7 (T-6th) Average Days Between Determination Letter & Failure to Conciliate: 58 Average Days Between Failure to Conciliate & Complaint: 157 Average Days Between Determination Letter & Complaint: 170 FL Miami Puerto Rico Virgin Islands FL Miami Puerto Rico Virgin Islands
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