38 | EEOC-INITIATED LITIGATION: 2024 EDITION ©2024 Seyfarth Shaw LLP KEY CASES FILED IN FY 2023 EEOC v. Sandia Transportation, LLC, Civil Action No. 1:23-cv-00274 (D.N.M.) The EEOC files a Title VII lawsuit against Sandia Transportation, LLC, a non-emergency medical transportation company, alleging that Sandia subjected female employees to harassment because of their sex, because they were lesbians, or because they did not fit management’s idea of femininity. According to the Complaint, the owner of the company expressed that he did not believe female employees belonged in the workplace. Sandia’s owner also subjected a group of female employees to severe or pervasive harassment, calling them “f*ckin’ lesbians” and telling each of them “women like [them] would be killed in [his] country.” The owner often referred to women as “fat ugly bitches,” “dumb,” “stupid,” “lazy,” and “ignorant,” and he frequently told everyone, “I hate f*ckin’ dealing with women!” On March 24, 2017, Sandia’s owner announced to the office that “All the lesbians are fired!” the EEOC charges. EEOC v. A&A Appliance Inc. d/b/a Appliance Factory Outlet, Inc., Civil Action No. 1:23-cv-02456 (D. Colo.) The EEOC has filed an ADA lawsuit against A&A Appliance, Inc. d/b/a Appliance Factory Outlet, Inc., a corporation operating appliance stores, alleging that a sales associate who had ongoing symptoms related to a COVID-19 infection requested additional leave of approximately one to two weeks and Appliance Factory refused to grant the accommodation and failed to communicate with the employee about the precise nature of her condition or what alternative accommodation could be made to meet her needs. When the sales associate’s leave expired, Appliance Factory terminated her, the Complaint charges. KEY SETTLEMENTS SECURED IN FY 2023 EEOC v. SSC Montrose San Juan Operating Co., LLC and SavaSeniorCare Administrative Services LLC, d/b/a The San Juan Living Center, Civil Action No. 20-cv-03162 (D. Colo.) The EEOC and the Defendants (SAVA), skilled nursing facility operators, settled a Title VII lawsuit alleging female employees were subjected to sexual harassment by grabbing their breasts and buttocks, asking them for sexual favors, and directing inappropriate sexual language and gestures towards them. The female employees complained about the harassment to the San Juan Living Center’s management and both the center’s management as well as nationwide SAVA administrative employees were aware of the residents’ ongoing hostile behavior and sexual harassment, but did nothing to stop or prevent it. SAVA then retaliated against a female employee who reported sexual harassment by suspending her without pay and firing her within days of her complaint. Pursuant to the Consent Decree, SAVA has agreed to pay $150,000.00 to the victims of sexual harassment and retaliation. Should SAVA operate any skilled-nursing facility in WY CO UT AZ NM Phoenix EEOC Phoenix District Office DISTRICT PROFILE Director: Nancy Sienko (Acting) Regional Attorney: Mary Jo O’Neill Merit Cases Filed in FY 2023: 9 (T-4th) Average Days Between Determination Letter & Failure to Conciliate: 116 Average Days Between Failure to Conciliate & Complaint: 171 Average Days Between Determination Letter & Complaint: 302
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