©2025 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2025 EDITION | 48 47 | EEOC-INITIATED LITIGATION: 2025 EDITION ©2025 Seyfarth Shaw LLP KEY SETTLEMENTS SECURED IN FY 2024 EEOC v. J.A. Croson, LLC, Case No. 5:22-cv-00435 (M.D. Fla.) According to the EEOC’s lawsuit, the company subjected a class of Black and Hispanic employees to a work environment with open use of racial slurs and derogatory language, display of the Confederate flag, and distribution of humiliating and degrading assignments based on race and national origin. The EEOC also asserted retaliation claims on behalf of two former Black employees who were fired as a result of their work environment complaints. Under a three-year consent decree, the company will pay $1.6 million in monetary damages and must designate an employee relations hotline for employees to submit harassment and retaliation complaints; assign an investigator to receive and address harassment and retaliation complaints; and provide training to its employees on recognizing workplace harassment. The company will also conduct work environment surveys and audits to ensure race and national origin do not play a role in the allocation of work assignments. EEOC v. Asphalt Paving Systems, Inc., Case No. 8:23-cv-2169 (M.D. Fla.) The EEOC charged the company subjected 12 Black former employees and a class of other Black employees, to frequent, severe harassment because of their race. Black employees were subjected to degrading and humiliating conditions such as being required to work in pouring rain while white workers watched, and being forced to relieve themselves outdoors while white employees were taken to indoor restrooms. Black employees were also often called racial slurs and epithets, including the “n-word,” “monkey” and “boy.” The hostile work environment was exacerbated by physically threatening conduct, such as managers and supervisors bringing guns to worksites and—in one instance—reaching for a gun. Leadership at the company witnessed and received complaints about the employees’ racist treatment, but took no action to correct it, the EEOC further alleged. As part of a three-year Consent Decree, the company agreed to pay $1.25 million in monetary damages and the following injunctive relief: provide specialized training on race discrimination to human resources officers and managers to ensure that they are aware of their obligations to prevent workplace discrimination and how to address complaints, appoint an outside monitor to review complaints of race-based harassment and provide EEOC with reports of harassment complaints which also describe its actions taken in response to the complaints. KEY CASES FILED IN FY 2024 EEOC v. Boxwood Hotels, LLC d/b/a Holiday Inn Express, et al., Case No. 24-cv-00902 (W.D.N.Y.) According to the EEOC’s lawsuit, during a transgender housekeeper’s first day of work at a hotel located in Jamestown, New York, their supervisor referred to them as a “transformer,” made multiple offensive derogatory comments about being transgender, and repeatedly misgendered the housekeeper or referred to them as “it.” The housekeeper made prompt complaints to local managers and a corporate office but, instead of taking action to stop the unlawful conduct, management suggested that the job might not be a good fit, and told the housekeeper their services were no longer needed, the EEOC alleged. EEOC v. Garden City Jeep Chrysler Dodge, LLC and VIP Auto Group of Long Island, Inc., Case No. 2:24-cv-06878 (E.D.N.Y.) The EEOC filed suit, alleging that the company and its owner allowed the inventory manager at their car dealership to touch and grab female employees’ breasts and backsides; run his hand down a female employee’s hair and back; regularly engage in sexual moaning and catcalling; and talk about female employees’ bodies and his own sex life. Managers regularly witnessed this harassment, and female employees repeatedly complained to management and human resources, but the harassment continued. Ultimately, the defendants’ failure to stop the harassment or terminate the inventory manager forced some female employees to resign, according to the EEOC. KEY SETTLEMENTS SECURED IN FY 2024 EEOC v. ACARE HHC d/b/a Four Seasons Licensed Home Health Care, Case No. 23-cv-5760 (E.D.N.Y.) The EEOC filed suit claiming the company routinely assented to patients’ racial preferences when making home health aide assignments, including removal of Black and Hispanic aides. Those aides would be transferred to a new assignment or, if no other assignment were available, they would be terminated. Per the parties’ Consent Decree, the company will pay $400,000 in monetary damages, update the company’s internal policies; provide mandatory training for management employees about Title VII; and reporting of complaints to resolve the suit. The company is also enjoined from making home health aide assignments based on a clients’ race- and/or national origin-based preferences. EEOC v. Tech Mahindra (Americas), Inc., Case No. 6:23-cv-06397 (W.D.N.Y.) According to the EEOC’s complaint, a deaf applicant provided a sign-language interpreter during an interview he had for an automation engineer position with the company. When the company realized the applicant was deaf and using an interpreter, it ended the interview. The company then emailed the applicant and stated, “Thank you for your time today it is unfortunate that we can’t proceed with your profile. While you have the perfect skill set for this role it would be a challenge having an interrupter [sic] on-site.” EEOC New York District Office DISTRICT PROFILE Director: Yaw Gyebi, Jr. Regional Attorney: Kimberly Cruz Merit Cases Filed in FY 2024: 9 Average Days Between Determination Letter & Failure to Conciliate: 85 Average Days Between Failure to Conciliate & Complaint: 98 Average Days Between Determination Letter & Complaint: 183 NJ NY VT NH MA CT ME New York ©2025 Seyfarth Shaw LLP
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