EEOC-Initiated Litigation - 2023 Edition

16 | EEOC-INITIATED LITIGATION: 2023 EDITION ©2023 Seyfarth Shaw LLP KEY CASES FILED IN FY 2022 EEOC v. Univ. of Texas Permian Basin, 7:22-cv-210 (W.D. Tex.) The EEOC filed a lawsuit pursuant to the EPA claiming that the University of Texas Permian Basin illegally paid a female Professor of Accounting at least $8,000 less than two similarly-situated male Professors of Accounting. The EEOC’s Complaint further stated that, after the female Professor complained to the Dean about this alleged pay disparity, the University lowered this Professor’s performance evaluation in retaliation for her complaint. EEOC v. Brinker Int’l Payroll Co., L.P. d/b/a Chili’s Grill & Bar, 3:22-cv-2017 (N.D. Tex.) The EEOC’s Complaint, filed on behalf of two female former employees of Brinker International, alleged that the company subjected these female employees to a sex-based hostile work environment in violation of Title VII. According to the EEOC, this Chili’s Grill & Bar franchisee allowed its male kitchen employees to make sexual comments towards and inappropriately touch the two charging parties. The EEOC also claimed that Brinker International refused to correct this alleged behavior, even after receiving complaints from the charging parties. EEOC v. Int’l Paper Co., 3:22-cv-810 (N.D. Tex.) The EEOC filed suit alleging that International Paper Company engaged in unlawful disability-based discrimination in violation of the ADA. Specifically, the EEOC claimed that the company made a conditional job offer to an applicant, but that after the applicant tested positive for a prescription drug, International Paper Company rescinded his job offer. The EEOC’s Complaint further stated that the applicant disclosed his disability (ADHD) for which he required the medication during the drug testing process, but the company allegedly refused to grant the applicant an exception to its drug testing policy. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Wellpath, LLC, 5:20-cv-1092 (W.D. Tex.) Wellpath, LLC, a healthcare services provider for correctional facilities, agreed to settle a lawsuit in which the EEOC claimed that the company refused to accommodate a nurse’s religious beliefs by denying her request to wear a certain type of skirt. In addition to providing the nurse with $75,000, Wellpath’s two-year consent decree also required it to implement a policy to address requests for religious accommodations and provide an anti-discrimination training to its employees. EEOC Dallas District Office DISTRICT PROFILE Director: Travis Nicholson Regional Attorney: Robert Canino Merit Cases Filed in FY 2022: 7 (T-4th) Average Days Between Determination Letter & Failure to Conciliate: 126 Average Days Between Failure to Conciliate & Complaint: 105 Average Days Between Determination Letter & Complaint: 230 NM TX Dallas