52 | EEOC-INITIATED LITIGATION: 2024 EDITION ©2024 Seyfarth Shaw LLP EEOC v. Simply Slims, LLC dba Slim Chickens, 6:23-cv-6090 (W.D. Ark.) The EEOC alleged that a restaurant shift manager made inappropriate sexual comments to a young female employee. According to the EEOC, the employee immediately reported the conduct to the general manager, but the company failed to address the harassment, and the shift manager continued to harass other young female employees, including teenagers. The EEOC alleged that the inappropriate conduct included the unwelcome, intentional touching of employees’ shoulders, breast, bottom, and inner thigh, leading forced several of the employees to resign. B. Healthcare Industry Profile The EEOC hit the healthcare industry with a wide-ranging and geographically dispersed set of complaints in FY 2023, with a significant emphasis on ADA failure to accommodate, pregnancy discrimination, and hostile work environment. Perhaps reflecting employee demographics in the healthcare industry, all but two of the cases were initiated by the EEOC on behalf of one or more female employees. Most cases were brought on behalf of a single employee, but two were brought on behalf of multiple employees and/or all similarlysituated employees. KEY CASES FILED IN FY 2023 EEOC v. Inova Home Health and Alternate Solutions Health, et al., 1:23-cv-00264-PTG-IDD (E.D. Va) The EEOC alleged that two healthcare employers paid female Post-Acute Care Coordinators (PACCs) less than male PACCs, in violation of Title VII and the Equal Pay Act. According to the EEOC’s lawsuit, male and female PACCs performed equal work under similar working conditions, but females were paid less. The EEOC alleged that current female PACCs were paid less than their newly-hired male counterparts, despite having excellent performance, more job-related experience, and more seniority in the PACC position. The EEOC also alleged the employers refused to adjust wages after receiving a complaint of pay discrimination. EEOC v. William Beaumont Hospital, 2:23cv11560 (E.D. Mich.) The EEOC alleged that the healthcare employer denied the request of a registered nurse to work fewer than 32 hours a week as an accommodation for her medical work restriction. According to the EEOC, the employee expressed interest in several jobs she believed she could have performed within her work hours restriction and asked to be placed in any of them, but the employer refused to transfer her to a vacant position for which she was qualified and instead forced her to apply and compete for openings. Striking a familiar position for the agency, the EEOC alleged that reassignment to a vacant position is required under the ADA when an employee can longer perform the essential functions of her current job, as long as the disabled employee is minimally qualified – without regard to whether the employee is the most qualified candidate. 23 Health Care Industry Merit Cases Filed in FY 2023 Philadelphia Indianapolis Atlanta Memphis Miami Albuquerque Birmingham Chicago Dallas New York 1 2 2 4 5 3 2 1 1 1 1 EEOC District Offices Bringing Suit & Number of Lawsuits Brought by Each District Statutory Basis for Suit 12: Title VII 7: ADA 4: PDA 1: ADEA
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