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The Great EEOC Roundup: November 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 couple EEOC cases and settlements that stand out:



Earlier this month, it was announced that Safeway will pay $27,000.00 and rehire a store clerk in order to resolve a disability discrimination suit.  The lawsuit claimed that Patricia Bonds ("Bonds") worked at a Safeway location where she sustained a work related injury that limited her ability to lift items.  Although Bonds was initially accommodated, she was placed on indefinite unpaid leave on the grounds that she had exhausted her time limits for modified duty.  Under the Americans with Disabilities Act ("ADA"), employer discrimination because of an employee's disability is prohibited.  Further, an employer is required to provide reasonable accommodations to a disabled employee as well.  Given the facts in this case, it would likely be difficult for Safeway to establish that it did not unlawfully discriminate against Bonds (and fail to accommodate her disability).


ADEA Suit Brought Against Wing Restaurant Chain in Houston

Recently, a lawsuit was filed against Bayou City Wings on the grounds that the restaurant chain violated the Age Discrimination in Employment Act ("ADEA") by failing to hire older workers.  The suit claims that since 2008, Bayou City Wings has failed to hire applicants for "front of house positions" because of their age (40 years and older).  Apparently, management at the restaurants were instructed to not recruit or hire older job applicants and disciplined and terminated managers who failed to comply.  On its face, this complained of conduct certainly seems to be in violation of the ADEA.  It will be interesting to see how the restaurant chain responds to the charges.


Pay Discrimination Suit Brought Against Spec Formliners

Earlier this month, suit was filed against Spec Formliners on the grounds the company unlawfully paid a female sales representative less than a male sales representative.  According to the suit, the company not only paid the female sales representative less than the male sales representative in base pay, but also required the female sales representative to sell more to earn the same commission as her male counterpart.  This alleged conduct is in violation of the Equal Pay Act as well as Title VII of the Civil Rights Act of 1964.  Interesting to see what response the company will file.

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