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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 caught my eye this month.


EEOC Settles Sex Discrimination Lawsuit with Oatridge Security Group for $375,000

Oatridge Security Group, a Tacoma based employer, has agreed to settle a sex discrimination suit filed by the EEOC for $375,000.00.  The lawsuit alleged that after an employee disclosed her pregnancy and need for leave to her manager, she was unlawfully terminated in violation of Title VII of the Civil Rights Act of 1964.  Despite making repeated attempts to regain her job, the employer refused.  This statute prohibits sex or pregnancy based discrimination by an employer.  


Aspire Health Partners Settles Disability Discrimination Suit for $115,000

The EEOC announced that it had settled a disability discrimination suit against Aspire Health Partners with the company agreeing to pay $115,000.00 to resolve the dispute.  According to the lawsuit, an employee that worked for Aspire for nearly 20 years was terminated after she exhausted medical leave that was used following a workplace injury.  The lawsuit alleged that after a doctor cleared the employee to work without restrictions, the employee applied for a new position with Aspire.  A few hours after her interview, the employee was told she was ineligible for rehire at Aspire due to medical records in her prior workers’ compensation file.  This conduct is in violation of the Americans with Disabilities Act which prohibits discrimination against an employee (or applicant) because of a disability.

 

EEOC Files Disability Discrimination Suit Against Outokumpu Stainless USA

At the start of the month, the EEOC brought suit against Outokumpu Stainless USA in regard to a disability discrimination claim that the company refused to hire an applicant because of the applicant’s prescribed medication.  The lawsuit alleged that the applicant was offered an employment position with Outokumpu contingent upon the applicant passing a physical exam and drug screening.  When the applicant informed the examiner that he was taking prescribed medication due to anxiety and panic attacks, Outokumpu withdrew the conditional offer of employment.  This alleged conduct, if true, is in violation of the Americans with Disabilities Act which prohibits an employer from failing to hire an applicant because of a disability, perceived disability, or record of disability, and applying policies or procedures that screen out applicants with disabilities.

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