Skip to main content

The Great EEOC Roundup: March 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 caught my eye this week.


Party City Hit With Sex & Disability Discrimination Suit

Earlier this month, the EEOC announced it had filed suit against Party City Corporation on the grounds that one of its Texas stores terminated a pregnant employee after she presented the company with physical job restrictions from her doctor.  The suit claims that the employee experienced complications in her pregnancy which resulted in some medical restrictions being put in place for her work.  After these restrictions became known, she was fired because of her pregnancy and medical condition.  This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 which prohibits sex discrimination (including pregnancy) as well as the Americans with Disabilities Act which requires employers to try and make reasonable accommodations for medical and physical conditions.



The EEOC filed suit against Blue Cross/Blue Shield of Texas based upon a charge of disability discrimination by the company.  According to the suit, an applicant applied for an open claims examiner position with the company.  The applicant was required to complete a 35 minute assessment exam which included an audio portion.  Although the applicant was deaf, the audio portion did not contain captions or other visible accommodations for applicants with hearing impairments.  As a result, the applicant could not complete the application process.  The suit claimed that the company was notified of the applicant's disability and requested a reasonable accommodation for the audio portion of the exam.  However, before a reasonable accommodation could be obtained, the company apparently stopped communicating with her.  The suit alleged that this conduct violated the Americans with Disabilities Act, which is intended to protect employees and applicants from discrimination based on their disabilities and requires employers to make reasonable accommodations.  This $75,000.00 settlement will resolve the claim made 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. ...