©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 35 The company will pay $50,000.00 and provide ASL interpreters to applicants and employees, upon request, for interviews, orientations, trainings, and performance reviews. Pursuant to the three-year Consent Decree, the company is required to update its job postings and hiring advertisements, revise its anti-discrimination policies, post a notice regarding this lawsuit, and report on the handling of requests for reasonable accommodations. The company will also provide live training to owners, managers, and human resources personnel on the ADA, as well as training designed specifically to raise awareness about issues affecting the deaf community and dispelling stereotypes associated with hiring deaf or hard‑of‑hearing individuals. Also, the Company will conduct an internal audit to identify potential obstacles and to make the workplace more accessible to deaf and hard-of-hearing applicants and employees. KEY CASES FILED IN FY 2023 EEOC v. ACARE HHC d/b/a Four Seasons Licensed Home Health Care, 23-cv-5760 (E.D.N.Y.) The EEOC filed a Title VII lawsuit against ACARE HHC d/b/a Four Seasons Licensed Home Health Care, which provides its clients with home health aides, alleging Four Seasons routinely would consent to racial preferences of patients in making home health aide assignments, including by removing Black and Hispanic home health aides based on clients’ race and national origin-based requests. Those aides would be transferred to a new assignment or, if no other assignment were available, they would be terminated, according to the EEOC. EEOC v. T.C. Wheelers, Inc. d/b/a T.C. Wheelers Bar & Pizzeria, Civil Action No. 1:23-cv-00286 (W.D.N.Y.) The EEOC filed a Title VII lawsuit against T.C. Wheelers, Inc. D/b/a Wheelers Bar & Pizzeria, a restaurant, alleging that beginning in January 2021, one of T.C. Wheelers’ owners repeatedly harassed an employee, a transgender male, including telling the employee that he “wasn’t a real man,” asking invasive questions about his transition, and asking, “Does she have female parts?” T.C. Wheelers’ owners also intentionally misgendered the employee by using female pronouns (such as “she” or “her”) and took no action as other employees and customers did the same. Additionally, the EEOC alleges that management and employees at T.C. Wheelers made numerous other anti-transgender comments, including asking questions about the employee’s genitalia, telling him he wasn’t a “real guy,” and equating being transgender to pedophilia. The employee complained repeatedly to management, and TC Wheelers failed to protect the employee by not addressing the almost daily harassment from all levels of staff, including owners, managers, and line employees. Eventually, the employee had no choice but to resign, according to the Complaint. EEOC New York District Office DISTRICT PROFILE Director: Timothy Riera (Acting) Regional Attorney: Jeffrey Burstein Merit Cases Filed in FY 2023: 10 (T-3rd) Average Days Between Determination Letter & Failure to Conciliate: 99 Average Days Between Failure to Conciliate & Complaint: 103 Average Days Between Determination Letter & Complaint: 202 NJ NY VT NH MA CT ME New York
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