©2025 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2025 EDITION | 64 63 | EEOC-INITIATED LITIGATION: 2025 EDITION ©2025 Seyfarth Shaw LLP B. Healthcare In 2024, the EEOC signaled a greater focus on the healthcare sector, bringing suits against 23 different companies. The primary areas of attention were direct sexual harassment against women and failures to accommodate disabilities, though other cases were also brought based on pregnancy discrimination, race discrimination, and a sex discrimination case based on a male employee. KEY CASES FILED IN FY 2024 EEOC v. HSS Security LLC, Case No. 4:24-cv-03663 (S.D. Tex.). According to the complaint, a female applicant for a security position had substantive skills related to the job duties, including past experience with physical altercations and subduing patients. She was offered the position but after a later interview with two supervisors found her offer withdrawn. The position was later offered to two male applicants, neither of whom was more qualified than complainant. The EEOC alleges violations of Title VII based on sex. EEOC v. PACE Southeast Michigan, Case No. 2:24-cv-12424-NGE-CI (E.D. Mich.). The complaint alleges that the company maintained a policy requiring any employee who is unable to return to work at the expiration of FMLA leave to “voluntarily resign.” The EEOC alleges that two employees required very brief extensions of leave (one for 30 days, one for 3-30 days) and that the company refused to consider either request. The EEOC is alleging violations of the ADA. EEOC v. VibraLife, Case No. 4:24-cv-02861 (S.D. Tex.). A potential employee with a sleep-related disorder applied for a position that required three 12-hour shifts. According to the EEOC, the employer informed the worker after hire that she would be required to work a fourth 12-hour shift each week. She requested to be kept to the advertised schedule and was allegedly demoted and terminated thereafter. The EEOC alleges violations of the ADA. 23 Health Care Industry Merit Cases Filed in FY 2024 Philadelphia Indianapolis Phoenix Houston Atlanta Memphis Chicago Miami St. Louis 4 4 5 3 2 2 1 1 1 EEOC District Offices Bringing Suit & Number of Lawsuits Brought by Each District Statutory Basis for Suit 14: ADA 11: Title VII 2: ADEA 1: EPA 1: GINA ©2025 Seyfarth Shaw LLP C. Construction This year, the EEOC filed several lawsuits against construction companies on a range of grounds. Due to the small number of filed cases alleging substantive violations, there is no discernable area of focus from these complaints. One trend that does seem evident is that the EEOC was very willing to sue on facts that indicate discrimination that was specific to an individual as opposed to a class-based suit. KEY CASES FILED IN FY 2024 EEOC v. DR Horton, Case No. 24-cv-02757-GLR (D. Md.). The EEOC filed suit on behalf of a sales associate who was assigned to a housing development that was 66 miles from her home. The sales associate has a medical condition that causes pain when she sits and drives for extended periods of time. Even after the employee allegedly requested to be reassigned to a closer location, and several closer locations became available, the sales associate remained assigned to the same location. The EEOC alleges violations of the ADA. EEOC v. BFS Group LLC d/b/a BFS Group of Washington LLC, Case No. 2:24-cv-01562 (W.D. Wash.). According to the complaint, a 67-year-old worker was assigned by a staffing agency to a worksite as an assembler at a truss facility. Upon arrival, the general manager allegedly speculated that the worker had a physical impairment and/or was unable to perform her job duties, immediately turning the worker back. The EEOC alleges violations of Title VII based on age and the ADEA. EEOC v. Sunrooms and More Design Center, Inc., Case No. 5:24-cv-01016 (W.D. Okla.). In one of a trio of sex discrimination/harassment cases filed nearly simultaneously, the EEOC brought suit on behalf of multiple women who alleged a manager subjected female employees to unwanted comments, sexual innuendo, and physical assault such as grabbing and touching them. The EEOC alleges violations if Title VII based on sex. 9 Construction Industry Merit Cases Filed in FY 2024 Phoenix Chicago Miami Baltimore Memphis New York San Francisco St. Louis 2 1 1 1 1 1 1 1 EEOC District Offices Bringing Suit & Number of Lawsuits Brought by Each District Statutory Basis for Suit 8: Title VII 1: ADA 1: ADEA ©2025 Seyfarth Shaw LLP
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