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The Great EEOC Roundup: December 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.


Cato Corporation Pays $3.5 Million to Settle Systemic Investigation

The EEOC announced that the Cato Corporation will pay $3.5 million and update it’s reasonable accommodation policies for disabled or pregnant employees in order to resolve a nationwide, systemic investigation launched by the EEOC.  The investigation found that the Cato Corporation denied reasonable accommodations to certain pregnant employees or those with disabilities, made certain employees take unpaid leaves of absence, and/or terminated them because of their disabilities.  Failing to accommodate pregnant employees can place an employer in violation of Title VII of the Civil Rights Act of 1964.  As for denying disabled employees job modifications, leaves of absence, or a return to work, this conduct can have employers run afoul of the Americans with Disabilities Act.  Employers, take this matter as a reminder to review your own accommodation policies...or risk having to settle for a rather large amount if your policies conflict with the relevant statutes.


Jury Verdict Returned Against Favorite Farms in Sexual Harassment & Retaliation Suit

Last week, a unanimous jury verdict was returned against Favorite Farms in regard to a sexual harassment and retaliation suit brought by a female farm worker against the company.  The jury found that the management at Favorite Farms failed to properly investigate a complaint made by the farm worker that she was raped by her supervisor.  Further, the company was found to have sent the farm worker home from work without pay the next work day and subsequently forced her to take a leave of absence.  Despite evidence that there were other sexual harassment claims made against the supervisor, no action was taken against him and he was allowed to continue supervising women in the fields.  This alleged conduct was found to be in violation of Title VII of the Civil Rights Act of 1964 and such, the jury awarded the farm worker $850,000.00 in damages.

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