As always, there are some EEOC cases that jump out at me when I review developments on that front. Below are a couple EEOC cases and settlements that caught my eye this month.
Burgers & Beer, a Southern California eatery, agreed to settle a sex discrimination claim for $150,00.00 after it was alleged that the entity disqualified male applicants and employees from server positions based solely on their sex. As a result, the suit alleged that Burgers & Beer had an almost all female server workforce since 2015. This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 which prohibits employers from discriminating on the basis of sex with regard to hiring and/or promotions.
A few weeks ago, Uber settled a sexual harassment and retaliation claim brought against the company. The lawsuit turned on an EEOC investigation in which reasonable cause was found to believe that Uber permitted a culture of sexual harassment and retaliation against individuals that complained about the alleged harassment. This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964, such that the $4.4 million settlement will be used to compensate anyone that the EEOC determines experienced sexual harassment and/or related retaliation after January 1, 2014.
The EEOC announced that it had settled a harassment claim brought against United Airlines, to the tune of $321,000.00. The EEOC's lawsuit alleged that a pilot at United Airlines frequently posted explicit pictures of a flight attendant online over the course of several years. The pictures, posted without the flight attendant's consent, made reference to her name, home airport, and the airlines phrase "Fly the Friendly Skies." The lawsuit claimed that even though United Airlines was apparently aware of the pilot's conduct (including after the flight attendant made several complaints), it failed to correct the behavior. Stop me if you have heard this before: This alleged conduct (and in-action by United Airlines) is in violation of Title VII of the Civil Rights Act of 1964 which prohibits employment discrimination on the basis of sex, including harassment that creates a hostile work environment. With a host of recent EEOC settlements against employers (because of alleged violations of Title VII), I would suggest employers use the above matters as a timely reminder to confirm that your business practices comply with Title VII.
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