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The Great EEOC Roundup: January 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 month.


Rainbow USA, Inc. to Pay $11,000.00 to Settle Pregnancy Discrimination Claim

Earlier this month, it was announced that Rainbow USA, Inc. ("Rainbow") had agreed to pay $11,000.00 to settle a pregnancy discrimination claim, filed by a former employee.  According to the EEOC lawsuit, Rainbow indefinitely suspended a pregnant junior assistant manager and subsequently terminated her two days after learning of her pregnancy related restrictions.  This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 as well as the Pregnancy Discrimination Act of 1978.  As always, I would suggest employers use this announced settlement (and the following settlements) as a reminder of what types of conduct is in violation of federal law.


Hawaii Medical Service Association to Pay $180,000.00 to Settle Disability Discrimination Claim

Hawaii Medical Service Association ("HMSA"), a health insurance company in Hawaii, has agreed to pay $180,000.00 to resolve a disability discrimination claim.  The lawsuit revolved around a claim that HMSA violated the Americans with Disabilities Act ("ADA") when the company decided to not allow intermittent leave as a possible accommodation for employees with disabilities (in its customer relations department.)  HMSA was also alleged to have not engaged in the interactive process with its employees to determine if there were other accommodations available for them.  As a result, the disable employees were apparently forced to either work without an accommodation or resign.  This alleged conduct is in violation of the ADA, which prohibits employers from discriminating against (and not engaging in the interactive process) with disabled employees.


Greensboro Zaxby's Franchisee to Pay $30,000.00 to Settle Sexual Harassment & Retaliation Claim

A Greensboro Zaxby's franchisee has agreed to pay $30,000.00 to settle a sexual harassment and retaliation claim, following allegations that the restaurant's general manager made sexually inappropriate comments and requests for sex with a female cashier on an almost daily basis.  After complaining about the conduct, the cashier was terminated.  This alleged conduct is in violation of Title VII of the Civil Rights Act of 1964 which prohibits employers from allowing a sexually hostile work environment to exist and from taking any retaliatory action against an employee that complains about the misconduct.

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