EEOC-Initiated Litigation - 2023 Edition

14 | EEOC-INITIATED LITIGATION: 2023 EDITION ©2023 Seyfarth Shaw LLP KEY CASES FILED IN FY 2022 EEOC v. R3 Government Solutions, LLC, 1:22-cv-1095 (E.D. Va.) The EEOC filed suit alleging that R3 Government Solutions violated the ADEA and Title VII with respect to the company’s treatment of a former recruiter. Namely, the EEOC alleged that the federal contractor defendant instructed its in-house recruiter to place applicants into government positions on the basis of their age, race, and/or national origin. According the EEOC, after this recruiter objected to the company’s improper recruitment standards, R3 Government Solutions required her to comply with unfair performance expectations and subsequently terminated her employment because of her race and in retaliation for her internal complaints. EEOC v. Aurora Renovations & Developments, LLC, 1:22-cv-490 (M.D.N.C.) The EEOC filed a lawsuit on behalf of two former employees of Aurora Renovations & Developments, alleging that the North Carolina-based contractor engaged in acts of religious discrimination and retaliation in violation of Title VII. More specifically, the EEOC’s Complaint asserted that Aurora Renovations & Developments required employees to attend a daily Christian prayer meeting as a condition of their employment. When one former employee requested to be excused from the prayer meeting, the EEOC claimed that the company retaliated against him by reducing his wages. The EEOC further alleged that Aurora Renovations & Developments terminated both former employees at issue because of their religious beliefs (Agnostic and Atheist). KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Strategic Equipment, LLC d/b/a TriMark Foodcraft, LLC, 1:20-cv-1000 (M.D.N.C.) TriMark Foodcraft, a North Carolina-based restaurant supply company, settled an ADA suit brought by the EEOC alleging that TriMark Foodcraft denied a disabled employee’s request to use her oxygen tank as a reasonable accommodation and fired her shortly after this request. As part of the two-year consent decree, TriMark Foodcraft agreed to pay $25,000 to the disabled employee, provide her with a letter of reference, and revise its anti-discrimination policy to elaborate on available employee accommodations. EEOC Charlotte District Office DISTRICT PROFILE Director: Carmen M. Whaling (Acting) Regional Attorney: Melinda Dugas Merit Cases Filed in FY 2022: 10 (2nd) Average Days Between Determination Letter & Failure to Conciliate: 150 Average Days Between Failure to Conciliate & Complaint: 205 Average Days Between Determination Letter & Complaint: 355 VA SC NC Charlotte