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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 couple EEOC cases and settlements that stand out:


EEOC Charges Pizza Studio Restaurant Violated the Equal Pay Act

A Delaware company that operated a Pizza Studio restaurant in Kansas City, Kansas has been charged with violating the Equal Pay Act by withdrawing job offers to two teens after the women complained they were being offered less pay than their male counterparts.  Under the Equal Pay Act of 1963, employers are prohibited from paying women and men unequally and retaliating against those who complain or support a claim of unequal pay.  Readers might recall that equal pay was a hot topic during the presidential election a year ago.  While some of that chatter has died down in recent months, as evidenced by this lawsuit, it is still a major factor in workplaces across the country. 


Wynn Las Vegas Faces Disability Discrimination Suit

The EEOC filed suit this month against the Wynn Las Vegas hotel/casino on the grounds that it denied medical leave and fired an employee as a result of her disability.  After the employee informed her manager that she had cancer and requested leave to recover, Wynn allegedly failed to provide the requested leave.  The EEOC has alleged that Wynn discriminated against a class of similarly aggrieved employees based upon their disabilities, in violation of the Americans with Disabilities Act.


Disability Discrimination Suit Filed Against Hertz

Earlier this month, the EEOC filed a disability discrimination claim against the Hertz Corporation on the grounds that the company violated the Americans with Disabilities Act by failing to hire an applicant that used a cane.  The applicant applied for a sales position in Hertz's car sales division in Denver.  Although the applicant, who used a cane, had competitive qualifications for the position (including over ten years of experience selling cars), Hertz hired two other applicants.  Both of the other applicants had "significantly" less car sales experience (with one of them having never sold cars before.)  If true, Hertz's failure to hire the applicant because of his use of a cane puts them in potential violation of the ADA.


EEOC Files Suit Against Whataburger for Retaliation Against Manager

Recently, the EEOC brought suit against Whataburger on the grounds that it retaliated against a manager who refused to hire only white applicants (as upper management had allegedly instructed the manager to do.)  The suit alleged that Whataburger issued this directive (to hire only white applicants) so that "the faces behind the counter...match the customer base."  When the manager refused to do so, she was apparently subjected to an ongoing pattern of retaliatory conduct including verbal abuse, intimidation, threats, a drastic change in schedule, and unwarranted discipline.  This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 which prohibits such retaliation (not to mention the issuance of such a directive.)


CBS Stations Group of Texas Faces Age Bias Claim

The EEOC recently filed an age bias claim against CBS Stations Group (a division of CBS Corporation).  The suit alleges that CBS Stations Group violated the Age Discrimination in Employment Act by failing to hire an applicant for a full-time traffic reporter at CBS 11.  The job announcement required candidates to have a strong knowledge of traffic in the Dallas/Fort Worth area and have at least 5 years professional broadcasting experience.  While Tammy Dombeck had worked for CBS 11 since February 2013 as a "freelance, non-staff traffic reporter" and applied for the open position, CBS 11 hired a 24 year old applicant instead.  Dombeck, who was over the age of 40 at the time she applied for the position, alleged that CBS 11 discriminated against her solely on the basis of her age (although she had the requisite experience).


Walmart Faces Disability Discrimination Claim

This past week, the EEOC announced that a lawsuit was being filed against Walmart after a disability discrimination claim was brought by an employee at a Beloit, Wisconsin store.  (Something must be in the water as of late...given the wave of disability discrimination suits filed this month.)  According to the employee (who had a developmental disability and was deaf and visually impaired), a new store manager forced him to resubmit medical paperwork in order to keep his reasonable accommodation. (Prior to the suspension, the employee performed his job with the accommodation.)  When new medical paperwork was submitted that requested the continued accommodation be provided, the store cut off communication.  Consequently, the employee was not able to return to work.  This alleged conduct, if proven to be true, is in violation of the Americans with Disabilities Act.

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