©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 51 PART V: Industry Focus As described in Part II in its SEP, the EEOC identifies particular industries on which it intends to focus its enforcement activity. And as described in Part III, the EEOC’s District Offices approach litigation and settlement activity in their own idiosyncratic ways. Part V provides an overview of industries hit repeatedly by EEOC-initiated litigation in FY 2023, the number and bases of the complaints, which District Offices were mostly likely to bring those cases, and summaries of notable lawsuits filed. A Hospitality Industry Profile The EEOC’s litigation efforts reflect its view that hospitality workers are vulnerable workers to discrimination and harassment. In FY 2023, the EEOC initiated a steady stream of litigation focused on protecting young and/or diverse low-wage workers, often those working restaurants, who the EEOC views as lacking work- experience, having a perceived lack of knowledge regarding available workplace protections, or being reluctant to challenge authority figures.91 KEY CASES FILED IN FY 2023 EEOC v. Chipotle Services, LLC, 2:23-cv-02439 (D. Kan.) The EEOC filed a lawsuit on behalf of a teenage employee working in a restaurant, asserting claims of religious discrimination and harassment and retaliation in violation of Title VII. Specifically, the EEOC alleged that an assistant manager repeatedly pressured the teen to remove her hijab, and the company failed to act when she refused and complained to management. According to the EEOC, the assistant manager later forcibly removed the teen’s hijab, and the company again failed to take corrective action, prompting her to resign. EEOC v. R& G Endeavors Inc., d/b/a Culver’s of Cottage Grove, 0:23cv1501 (D. Minn) The EEOC’s complaint alleges that multiple workers endured harassment at a restaurant. According to the EEOC, a gay and African-American employee was subjected to racial and homophobic insults by managers and other employees who discussed his sex life and referred to him as the restaurant’s “adopted African child.” The EEOC also alleged that female employees, some as young as 14, experienced sexual harassment, including unwanted sexual touching, jokes, and propositions. 91 For additional analysis of EEOC sexual harassment claims focused on teens working in the restaurant industry, see Christopher DeGroff, Andrew Scroggins, and Christopher Kelleher, EEOC’s Crosshairs Locked On Harassment of Teens In Restaurant Industry, Workplace Class Action Blog (May 24, 2023), https://www.workplaceclassaction.com/2023/05/eeocs-crosshairs-locked-on-harassment-of-teens-in-restaurant-industry/. 32 Hospitality Industry Merit Cases Filed in FY 2023 Los Angeles Charlotte Philadelphia Chicago Dallas Memphis New York St. Louis Atlanta Houston Miami Indianapolis Phoenix 1 1 1 1 1 2 2 8 4 4 3 2 2 EEOC District Offices Bringing Suit & Number of Lawsuits Brought by Each District Statutory Basis for Suit 25: Title VII 9: ADA 1: PDA
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