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The Great EEOC Roundup: May 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:


Applebee's Faces Sexual Harassment Claim

Earlier this month, the EEOC filed a sexual harassment claim against Applebee's on the grounds that a male assistant manager created a sexually hostile work environment for two female employees and restaurant management, apparently aware of the alleged harassment, allowed the situation to exist.  According to the suit, the male assistant manager sexually harassed the two female employees, both sisters, for several months in 2014.  This alleged harassment is in violation of Title VII of the Civil Rights Act of 1964 which prohibits employers from allowing a sexually hostile work environment to exist in the workplace.


$57,000.00 Settlement Reached on Sex Discrimination Claim

A settlement was reached between the EEOC and an education company recently in which the company will pay $57,000.00 to resolve a sex discrimination claim filed by a former job applicant.  The job applicant alleged that the company's CEO asked her out on a date and suggested that she "party" with him after she had been offered a position with the company.  After she declined the CEO's offer and said she hoped "we can move forward in a strictly professional manner", the company declined to hire her and instead hired a male candidate.  This conduct violated Title VII of the Civil Rights Act of 1964 which prohibits discrimination based on sex and forbids retaliating against individuals who object to this discrimination.  A note to employers (and those in charge of interviewing and hiring job applicants):  Do not ask applicants out on dates or to "party" and then turn around and decline to hire them when they say no.  As this case demonstrates, more often than not, that leads to major problems and avoidable litigation.


Ruby Tuesday Charged With Age Discrimination at Boca Raton Location

Earlier this month, the EEOC filed an age discrimination suit against Ruby Tuesday after one of its locations in Boca Raton allegedly refused to hire a qualified applicant because of his age.  The EEOC alleged in its suit that although the applicant had over 20 years of experience in the food and beverage industry, the chain location refused to hire him for a general manager position because the company wanted a candidate who could "maximize longevity".  This alleged conduct is in violation of the Age Discrimination in Employment Act ("ADEA") which prohibits discriminating against an employee or applicant because of their age.  With suit having just been filed, this has a ways to go before a final resolution is reached.  Stay tuned.

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