Skip to main content

The Great EEOC Roundup: August Edition


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.


The University of Wisconsin System Hit With Age Discrimination Suit

At the start of the month, the EEOC announced that an age discrimination suit had been filed against the University of Wisconsin System after a 53 year old former employee applied for six different positions, and although apparently well qualified with 25 years of experience, the University instead hired a 23 year old candidate with less than 2 years of experience.  The suit alleged that the University refused to hire the former employee because of her age.  If this conduct is proven to be true, it would be in violation of the Age Discrimination in Employment Act of 1967 which prohibits an employer from discriminating against an employee or applicant on the basis of their age.


EEOC Files Sexual Harassment and Retaliation Suit Against Piggly Wiggly

According to a lawsuit filed by the EEOC, Rockdale Grocery, Inc. d/b/a Piggly Wiggly, subjected two female employees to lewd sexual comments and sexual advances from a male employee.  Although this conduct was reported to a store manager on several occasions, the company apparently failed to take any action to stop the harassment.  Instead, the suit alleged that the company cut the hours of one of the female employees after she complained and later fired both employees after they filed a written complaint about the harassment.  Readers might have concluded that this conduct, if proven to be true, is in violation of Title VII of the Civil Rights Act of 1964 which prohibits sexual harassment and bars employers from retaliating against employees that report this harassment.



Recently, the EEOC and Coca-Cola announced a settlement agreement that had been entered into to improve the company's policies and practices for accommodation of employees with disabilities.  With this settlement, it resolves nine charges of discrimination that alleged the company had failed to properly accommodate employees with disabilities.  The settlement agreement includes Coca-Cola improving accommodations to employees that have returned to work after disability related absences.  As well, the agreement provides monetary payments totaling $2.25 million to those particular employees that filed charges of discrimination against the company.

Comments

Popular posts from this blog

NLRB: Discussion Among Employees About Tip Pooling is Protected Concerted Activity

  This Advice Memorandum from the National Labor Relations Board’s Associate General Counsel, Jayme Sophir, addressed whether employees which discussed and complained about tip pooling at work constituted protected concerted activity. In relevant part, an employer in New York operated a chain of steakhouses.  While tip pooling was in place at these steakhouses, some of the employees objected to it on the grounds that it was not transparent and improperly divided tips among the workers.  Employees were told not to complain or talk to each other about the tip pool and were told that doing so would endanger their jobs.  Despite the employer later attempting to provide some clarity as to how the tips were being divided, rancor still existed among some employees.  At one point, the employees were told by a general manager that some employees that had been talking about the tip pool were “cleared out” and the employer would continue to do so. In the Advice Memorandum,...

San Diego Rolls Back Vaccine Mandate For City Workers

Last Tuesday, the San Diego City Council voted to do away with the vaccine mandate for city employees. The city’s vaccine mandate that was in place required city workers to get the coronavirus vaccine or risk termination.  Perhaps to this surprise of no one, the city’s policy came under fire with 14 employees being terminated and over 100 other employees resigning.  With the coronavirus subsiding, including in Southern California, the San Diego City Council took action. Now, bear in mind, the repeal of the vaccine mandate does not take place immediately. With that being said, the mandate will be repealed March 8th.  I suppose the question now is, what other cities or regions follow San Diego’s lead? For additional information:   https://www.sandiegouniontribune.com/news/politics/story/2023-01-24/san-diego-repeals-controversial-covid-19-vaccine-mandate-citing-drop-in-cases-hospitalizations

NLRB: Former Employee Cannot Be Barred From Work Premises After Filing Wage Suit

MEI-GSR Holdings, LLC - NLRB Facts :  MEI-GSR Holdings, LLC d/b/a Grand Sierra Resort & Casino ("GSR") operated a facility that included a hotel, casino, restaurant, clubs, bars, and a pool which were all open to the general public.  Tiffany Sargent ("Sargent") was briefly employed by GSR as a "beverage supervisor" in December of 2012.  After her employment ended, Sargent continued to socialize at one of the clubs.  GSR had a long standing practice of allowing former employees to patronize its facility and did not prohibit Sargent from doing so.  In June of 2013, Sargent and another employee filed a class and collective action against GSR for alleged unpaid wages, in violation of the Fair Labor Standards Act and Nevada law.  In July of 2014, GSR denied Sargent access to an event at one of the clubs.  GSR followed up with a letter and stated that with the on-going litigation (from the wage suit), it decided to bar Sargent from the premises. ...