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 stand out.
D.C. Walmart Location Alleged to Have Discriminated Against Disabled Employees
The EEOC has alleged in a recent lawsuit that a D.C. Walmart location violated the Americans with Disabilities Act when two deaf employees were denied reasonable accommodations and not given communications accommodations (such as sign language interpreters). The suit alleges that without sign language interpreters, these two employees were not able to participate in work meetings, trainings, and other work related communications.
La Fiesta Fresh Mexican Grill and Cantina to Pay $25,000.00 to Settle Sexual Harassment & Retaliation Suit
A Mexican restaurant in Virginia has agreed to settle a sexual harassment and retaliation lawsuit for $25,000.00 after allegations were made about how a male manager treated a young hostess. According to the suit, this male manager subjected the hostess, at the time 18 years old, to unwanted sexual comments and touching. After the hostess complained of the manager’s conduct, her work hours were reduced. It is interesting to note that at the time this conduct occurred, the restaurant did not have a sexual harassment policy in place. To make the situation even more troubling, the manager had apparently engaged in similar behavior previously with another employee. (There was no mention of whether the employer was aware of this manager’s prior conduct). This conduct, as alleged, is in violation of Title VII of the Civil Rights Act of 1964 which prohibits an employer from subjecting an employee to sexual harassment and bars employers from retaliating against employees that complain about this harassment. Employers, use this case as an example: If you do not have a sexual harassment policy in place, perhaps this is a good time to implement one.
Religious Discrimination Suit Filed Against Blue Moon Diner
Earlier this month, the EEOC filed a religious discrimination suit against the Blue Moon diner in Farmington, New Mexico on the grounds that an employee was not allowed to wear a hijab at work and was later constructively discharged because of her religion. This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 which prohibits an employer from discriminating against an employee on the basis of that employee’s religion. No response has been filed by the employer at this time.
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