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The Great EEOC Roundup: September Edition



As always, there are some recent EEOC cases that jump out at me when I review recent developments on that front.  Below are a few recent EEOC cases and settlements that stand out:


Popeye's Chicken Franchisee to Pay $25,000 to Settle Disability Discrimination Claim

A Popeye's Chicken franchisee had a charge brought against it by the EEOC who claimed that the general manager of the location in Longview, Texas refused to hire an applicant for a position at the restaurant when it became known that the applicant was HIV-positive.  Apparently, the applicant had years of prior experience working in the fast food industry, including experience as a general manager.  However, when asked why he had left his prior position, the applicant listed "medical" as the reason.  Upon being interviewed and asked to disclose the "medical" condition, the applicant stated he had HIV.  The franchisee immediately informed the applicant that he could not work for Popeye's as a result of his HIV.   

This alleged conduct by the Popeye's franchisee violated the Americans with Disabilities Act ("ADA") and suit was subsequently brought by the EEOC.  Under the terms of the settlement, Popeye's will pay $25,000.00 to the applicant and will provide training to all managers, area supervisors, and human resource professionals on the ADA.  

EEOC Press Release:  http://www.eeoc.gov/eeoc/newsroom/release/9-4-14.cfm


O'Reilly Automotive Consents to Early Entry of Decree to Resolve Sexual Harassment Suit

O'Reilly Automotive earlier this month resolved a sexual harassment case brought against it for $35,000.00.  The sexual harassment claim came about as a result of a a male worker in a Chicago store who alleged that he was subjected to groping and sexually offensive comments by his female store manager.  The EEOC charged that O'Reilly failed to promptly or adequately respond to the worker's sexual harassment claims.

The alleged conduct by the female store manager violated Title VII of the Civil Rights Act of 1964.  Shortly after the EEOC filed its suit, O'Reilly agreed to the above settlement to be done with the suit.



Wells Fargo Settles Same Sex Sexual Harassment Suit for $290,000

This is one of the more interesting EEOC settlements that I have read this month.  In this instance, four female bank tellers at a Wells Fargo branch in Reno were allegedly subjected to graphic sexual comments, gestures, and images by a female manager and another female bank teller.  Although the sexually harassing conduct was reported to management several times, Wells Fargo failed to act efficiently and stop it.  

The EEOC subsequently filed a charge and alleged this conduct violated Title VII of the Civil Rights Act of 1964 which prohibits sexual harassment and requires employers to take prompt steps to investigate and stop such conduct.  Wells Fargo agreed to settle the charges for $290,000.00 and agreed to take preventative steps to stop future sexual harassment at its branches in the area.  

The big thing in this case is the fact that had Wells Fargo actually investigated the complained of conduct, it could have been prevented and would not have gotten as out of hand as it ultimately ended up.  Food for thought for employers...when a complaint is made, steps should be taken to investigate it, immediately!  




The EEOC charged that DSW (for those not into shoe shopping, DSW is a shoe store with stores across the country) discriminated against seven former management employees and a class of former employees by firing employees over the age of 40 during a "reduction in force."  Allegedly, DSW terminated the older employees because of their age and retaliated against certain employees who opposed orders to discriminate against the older workers.  

The suit was brought under the Age Discrimination in Employment Act of 1967 which prohibits age discrimination in employment.  The $900,000.00 settlement includes a stipulation that DSW will report to the EEOC, for the next three years, all employee complains of age discrimination arising out of certain regions in the U.S. 

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