EEOC-Initiated Litigation - 2023 Edition

12 | EEOC-INITIATED LITIGATION: 2023 EDITION ©2023 Seyfarth Shaw LLP F EEOC District Office Profiles While the EEOC is a national enforcement body, the Commission’s 15 District Offices often take different approaches to their respective litigation and settlement activity. To that end, Subsection F provides an overview of key developments from each District Office in FY 2022. Each full-page summary begins with a District Profile, which outlines key players and litigation statistics. These statistics include: 1) the number of lawsuits filed in FY 2022, followed by the District’s rank among other Offices; 2) the average time period between the issuance of a Determination Letter and the subsequent Failure to Conciliate notice; 3) the average time period between the Failure to Conciliate notice and the EEOC’s Complaint; and 4) the average time period between the issuance of a Determination Letter and the EEOC’s Complaint. Finally, the District breakdowns also contain summaries of notable lawsuits and settlements attributable to each Office in FY 2022. KEY CASES FILED IN FY 2022 EEOC v. Fischer Connectors, Inc., 1:22-cv-3884 (N.D. Ga.) The EEOC filed a lawsuit alleging that the defendant electrical connector manufacturer terminated the company’s HR Director on the basis of his age in violation of the ADEA. According to the EEOC, executives at Fischer Connectors first informed its 67-year-old HR Director that the company would be terminating any senior managers over the age of 55, before subsequently terminating the HR Director because of his age. EEOC v. Del Frisco’s of Georgia, LLC, 1:22-cv-2234 (N.D. Ga.) In this Title VII lawsuit, the EEOC claimed that Del Frisco’s of Georgia refused to grant a server’s religious accommodation request to have a particular day off to attend bible study and a special church service. Furthermore, the EEOC alleged that, when this server missed work to attend her religious obligations, the defendant restaurant unlawfully terminated her employment because of her sincerely-held religious beliefs. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Ranew’s Management Company, Inc., 5:21-cv-443 (M.D. Ga.) Ranew’s, a Georgia-based industrial fabrication company, settled an EEOC-initiated lawsuit alleging that the company terminated an executive upon his return from mental health leave in violation of the ADA. Pursuant to the parties’ oneyear consent decree, Ranew’s agreed to pay $250,000 to the terminated executive, implement an ADA policy and training, and provide periodic compliance reports to the EEOC. EEOC Atlanta District Office DISTRICT PROFILE Director: Darrell Graham Regional Attorney: Marcus G. Keegan Merit Cases Filed in FY 2022: 5 (T-6th) Average Days Between Determination Letter & Failure to Conciliate: 73 Average Days Between Failure to Conciliate & Complaint: 127 Average Days Between Determination Letter & Complaint: 201 GA SC Atlanta