Skip to main content

The Great EEOC Roundup: November 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.


Whole Foods Settles Disability Discrimination Suit

Whole Foods has agreed to pay $65,000.00 to settle a disability discrimination suit filed by a former cashier at one of its locations in Raleigh, North Carolina.  This particular employee, hired in 2005, suffered from a kidney disease.  In 2009, she had a kidney transplant.  In 2015, she was hospitalized for a few days as a result of her condition and missed work.  Although Whole Foods was notified of the situation and the employee’s request for time off for her kidney impairment, Whole Foods ended up terminating her employment because of the absences.  This conduct is in violation of the Americans with Disabilities Act (“ADA”) which prohibits employers from discriminating against employees because of a disability and requires employers to provide disabled employees with a reasonable accommodation (so long as it does not place an undue hardship on the employer).  While the reported facts are somewhat light in regard to any accommodation requested (and subsequently denied by Whole Foods), taking the facts on their face certainly leads to a conclusion that Whole Foods engageD in conduct in violation of the ADA.


Kansas City Wedding Venue Hit With Retaliation Suit

Earlier this month, the EEOC filed a lawsuit against 28 Event Space, LLC, a Kansas City wedding venue, on the grounds that the company retaliated against a black employee.  According to the suit, the owner of 28 Event Space, Doug Lytle, retaliated against one of his employees, Theopilis Bryant, after Bryant had testified as a witness in a race discrimination suit against a company where Lytle was the manager.  After unsuccessfully offering Bryant money and a used limousine (in an effort to keep him from testifying), Lytle apparently threatened Bryant’s job and eventually removed him from the 28 Event Space work schedule.  This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 which prohibits employers from retaliating against their employees, including because of the employee’s race.

Comments

Post a Comment

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,...
Post a Comment
Read more

Distance in a Non-Compete Agreement Measured "As the Crow Flies"

Ginn v. Stonecreek Dental Care - Court of Appeals, Twelfth Appellate District of Ohio Facts :  Dr. R. Douglas Martin ("Martin") sold his dental practice to an employee who worked there, Dr. David Ginn ("Ginn").  In doing so, Martin and Ginn signed a contract for the sale which contained a non-compete provision that prohibited Martin from engaging in business "within 30 miles" of the practice for five years starting from October 2010.  While Martin initially stayed on and worked with Ginn for a period, the relationship subsequently deteriorated between the two and Martin went to work for another dental office.  The new dental office was less than 30 miles away when measuring the distance in a straight line.  However, when driving between the offices, the distance was more than 30 miles. Ginn filed a claim against Martin on the grounds that Martin breached the non-compete.   At the trial court level, the court found that "within 30 miles"...
Post a Comment
Read more

Breaking: Labor Secretary Rumored to Be Leaving Administration

A few hours ago, word leaked out that Labor Secretary Marty Walsh (“Walsh”) is in the midst of negotiations to head up the NHL Players Union and leave his position at the Labor Department. Walsh, who has served as the sole Labor Secretary under President Biden, has taken part in a labor renaissance of sorts as support for organized labor has increased during his term as Labor Secretary (although the number of workers that have joined a union over the past two years has not grown as mush as some expected.)  He has also overseen the ongoing negotiations with rail workers over a new contract, although that matter is still on shaky ground and playing out as we speak. As for who might step into the vacant Labor Secretary role, there are already rumblings that President Biden should nominate Deputy Labor Secretary Julie Su (a strong labor advocate) or even a progressive like Senator Bernie Sanders.  Until Walsh officially gives his notice, however, I would expect some/many potential...
Post a Comment
Read more