EEOC-Initiated Litigation - 2023 Edition

©2023 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2023 EDITION | 17 KEY CASES FILED IN FY 2022 EEOC v. Walgreens, Co., 1:22-cv-5357 (W.D. La.) The EEOC sued Walgreens claiming that the company subjected a female employee to discrimination on the basis of her pregnancy and disability (diabetes) in violation of Title VII and the ADA. In terms of the employee’s disability, the EEOC alleged that Walgreens refused to allow her to take periodic snack breaks as required by her doctor. The EEOC also claimed that the company denied the employee’s request to leave work and see her doctor immediately upon realizing that she was spotting during her pregnancy. EEOC v. Affordable Rent-to-Own, LLC, 3:22-cv-676 (M.D. La.) The EEOC filed suit alleging that Affordable Rent-to-Own subjected an African American employee to a race-based hostile work environment pursuant to Title VII. According to the EEOC, the furniture retailer’s account manager regularly used a racial slur in front of the employee. Following the employee’s complaint about this alleged conduct, the EEOC claims that the company terminated this employee in retaliation for his complaint. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Willis-Knighton Medical Center, 2:21-cv-1774 (E.D. La.) Willis-Knighton Medical Center agreed to settle an ADA lawsuit brought on behalf of 30 putative claimants alleging that the defendant medical center placed an unlawful cap on both the amount of leave and light duty that an employee with a disability may obtain. Pursuant to the three-year consent decree, Willis-Knighton Medical Center committed to pay $450,000 to the 30 putative claimants, revoke its caps on leave and light duty, implement ADA policies, and create various processes to handle employee complaints of discrimination. EEOC v. Hollingsworth Richards, LLC, d/b/a Honda of Covington, 2:20-cv-2511 (E.D. La.) The defendant Honda dealership settled an EEOC-initiated ADA lawsuit which alleged that Honda of Covington subjected a sales representative with ADHD to an illegal medical examination and terminated her employment for taking her prescribed medication. In addition to providing the former sales representative with $100,000, the three-year consent decree required Honda of Covington to put into place relevant policies, trainings, and a notice regarding employers’ responsibilities under the ADA. EEOC Houston District Office DISTRICT PROFILE Director: Rayford O. Irvin Regional Attorney: Rudy L. Sustaita Merit Cases Filed in FY 2022: 5 (T-6th) Average Days Between Determination Letter & Failure to Conciliate: 53 Average Days Between Failure to Conciliate & Complaint: 247 Average Days Between Determination Letter & Complaint: 300 TX LA Houston