EEOC-Initiated Litigation - 2023 Edition

©2023 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2023 EDITION | 13 KEY CASES FILED IN FY 2022 EEOC v. Chipotle Mexican Grill, Inc., 2:22-cv-326 (M.D. Ala.) The EEOC sued Chipotle Mexican Grill alleging that the company’s General Manager (“GM”) for its Prattville, Alabama location subjected female employees to a hostile work environment in violation of Title VII. The EEOC’s Complaint stated that the GM would consistently touch female employees and make inappropriate sexual comments, and that on one occasion, the GM harassed a female employee to such an extent that she promptly resigned her employment. EEOC v. Tractor Supply Company, 2:22-cv-131 (S.D. Miss.) The EEOC filed a lawsuit on behalf of an anonymous former employee with a disability (HIV) asserting claims for disability discrimination and retaliation pursuant to the ADA. More specifically, the EEOC alleged that defendant farm products retailer improperly disclosed the employee’s HIV status to various employees and customers, resulting in a disability-based hostile work environment. The EEOC further claimed that, after the employee complained of this alleged harassment, Tractor Supply Company terminated her employment in retaliation for her complaint. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. American Freight Management Co., LLC d/b/a American Freight Furniture and Mattress, 2:19-cv-273 (N.D. Ala.) American Freight Furniture and Mattress agreed to pay $5 million to settle an EEOC suit claiming that the company maintained a pattern or practice of discriminating against women in the hiring process. In addition to the monetary payment, American Freight signed a three-year consent decree in which it committed to retain a Title VII compliance expert, develop a recruitment plan for female applicants, and provide job offers to all eligible claimants who were previously denied employment, among other requirements. EEOC v. Huntington Ingalls Inc. & NSC Technologies, LLC, 1:22-cv-2 (S.D. Miss.) The defendants—shipbuilder Huntington Ingalls and its recruiting agency NSC Technologies—settled a Title VII lawsuit in which the EEOC claimed that a supervisor at Huntington Ingalls subjected several female temporary employees to a hostile work environment and subsequently retaliated against them for filing complaints. Pursuant to the parties’ 30-month consent decree, the defendants agreed to pay $350,000 to two named victims, as well as a class of unnamed female temporary employees. The consent decree also required the defendants to revise their harassment and retaliation policies and conduct annual trainings focused on internal reporting procedures and Title VII compliance. EEOC Birmingham District Office DISTRICT PROFILE Director: Bradley A. Anderson Regional Attorney: Marsha Rucker Merit Cases Filed in FY 2022: 2 (9th) Average Days Between Determination Letter & Failure to Conciliate: 98 Average Days Between Failure to Conciliate & Complaint: 155 Average Days Between Determination Letter & Complaint: 253 MS AL FL Birmingham