62 | EEOC-INITIATED LITIGATION: 2024 EDITION ©2024 Seyfarth Shaw LLP EEOC v. The Whiting-Turner Contracting Co. 3:21-cv-00753 (M.D. Tenn.) The Whiting‑Turner Contracting Company, a construction management and general contracting company, agreed to pay $1,200,000 to settle an EEOC suit claiming that Whiting-Turner subjected a class of former AfricanAmerican workers to a racially hostile work environment. The suit also alleged that Whiting‑Turner retaliated against two employees who complained about race discrimination. The alleged discriminatory treatment included referring to African-American employees with derogatory phrases, various areas in the workplace defaced with racially offensive graffiti, and a noose displayed in the workplace on Martin Luther King Jr.’s birthday. According to the EEOC, African American employees reported the issues to Whiting-Turner several times, and the company failed to investigate the complaints and fired two employees after they complained about discrimination. In addition to the monetary payment, Whiting‑Turner signed a two-year Consent Decree requiring incorporation of a strict prohibition against racial graffiti, racial jokes, racial slurs, racial epithets, and hate symbols into Whiting‑Turner’s anti-harassment policy. The Consent Decree also assigns an equal employment opportunity liaison to each of Whiting‑Turner’s construction sites and requires semi-annual training on Title VII. EEOC v. R&L Carriers Shared Services LLC, et al., 1:17-cv-00515 (S.D. Ohio) R&L Carriers Shared Services, LLC, a nationwide trucking company headquartered in Wilmington, Ohio, agreed to pay $1,250,000 to settle an EEOC suit claiming that R&L discriminated against a class of female applicants by failing to hire them for loader positions from 2010 through 2017. According to the EEOC, a few women were hired as loaders, but most female applicants were rejected or recommended for different positions on the basis of sex. In addition to the monetary payment, defendants signed a three-year Consent Decree requiring R&L to pay for a claims adjuster to manage the settlement fund. The Consent Decree also requires R&L to train its hiring officials in legal hiring procedures and requires R&L to notify its recruiters and employees not to discriminate against women in hiring for loader positions. R&L also must invite previously rejected female applicants to reapply for loader positions and engage in outreach and recruitment efforts related to employing women as loaders. EEOC v. Scottsdale Healthcare Hospitals d/b/a HonorHealth, 2:20-cv-01894 (D. Ariz.) Scottsdale Healthcare Hospitals, doing business as HonorHealth, which provides medical care at hospitals and medical facilities in the Phoenix, Arizona area, agreed to pay $1,750,000 to settle an EEOC suit claiming that HonorHealth failed to provide reasonable accommodations to employees with disabilities, including failing to provide reassignment as an accommodation. In addition to the monetary payment to former employees who sought reasonable accommodations from HonorHealth in the past, HonorHealth agreed to review and update its equal employment and reasonable accommodation policies as necessary to ensure that the policies comply with the Americans with Disabilities Act (ADA) and EEOC guidance. HonorHealth also agreed to provide training on the ADA and its revised reasonable accommodation policies to its employees. EEOC v. AMTCR, Inc., et. al., 2:21-cv-01808 (D. Nev.) AMTCR, Inc., AMTCR Nevada, Inc., and AMTCR California, LLC (AMTCR), a Kingman, Arizona headquartered franchise owner operating approximately 18 McDonald’s restaurants in Nevada, Arizona, and California, agreed to pay $1,997,500 to settle an EEOC suit claiming that the defendants were aware of, perpetuated, and tolerated sexual harassment in their restaurants since at least 2017. The lawsuit also alleges that the harassment was focused on both male and female teenage employees and included frequent unwanted touching, offensive comments, unwelcome sexual advances, and intimidation. According to the EEOC, AMTCR failed to adequately address complaints of sexual harassment, and many employees found the working conditions so intolerable that they had no choice but to quit. In addition to the monetary payment, AMTCR signed a three-year Consent Decree requiring franchise-wide injunctive relief aimed at preventing discrimination and harassment in the workplace. AMTCR agreed to: retain a third-party equal employment opportunity monitor to conduct internal audits of AMTCR’s practice in processing harassment and retaliation complaints; establish a tracking system for discrimination, harassment, and retaliation complaints; and ensure accountability and appropriate disciplinary action. AMTCR also agreed to conduct climate surveys within the workplace, update policies and procedures regarding discrimination and retaliation, and conduct training.
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