EEOC-Initiated Litigation - 2023 Edition

18 | EEOC-INITIATED LITIGATION: 2023 EDITION ©2023 Seyfarth Shaw LLP KEY CASES FILED IN FY 2022 EEOC v. The Salvation Army, 2:22-cv-11973 (E.D. Mich.) The EEOC filed a lawsuit claiming that The Salvation Army discriminated against a cashier diagnosed with several physical and neurological conditions because of his disabilities in violation of the ADA. Specifically, the EEOC alleged that a manager at The Salvation Army’s Family Store and Donation Center reprimanded the cashier for his involuntary movements and subsequently terminated him due to his physical limitations. EEOC v. Eden Foods, Inc., 2:22-cv-10881 (E.D. Mich.) In this matter, the EEOC claimed that Eden Foods subjected a group of female employees to a sexually hostile work environment in violation of Title VII. According to the EEOC’s Complaint, the company’s Owner engaged in a pattern of consistent sexual harassment, which includes inappropriate touching and sexual comments directed towards a number of female employees. The EEOC further claimed that at least one employee reported the Owner’s harassment to the company’s HR Department, but that Eden Foods failed to remedy this alleged pattern of conduct. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Heart of CarDon, 1:20-cv-998 (S.D. Ind.) The defendant assisted living facility agreed to settle an ADA case in which the EEOC claimed that Heart of CarDon refused to grant an employee’s request to transfer into a vacant position with reduced lifting requirements following her work injury. Per the parties’ 18-month consent decree, Heart of CarDon paid $115,000 in monetary compensation to the employee at issue. The company also agreed to implement revised ADA policies and trainings, with a special emphasis on complying with the ADA during the interactive process. EEOC v. Konos, Inc. d/b/a Vande Bunte Eggs, 1:20-CV-973 (W.D. Mich.) Konos, a Michigan-based egg processor, settled an EEOC-initiated Title VII lawsuit claiming that a supervisor subjected an anonymous female employee to a sexually hostile work environment and retaliated against her for filing a complaint. Under the parties’ three-year consent decree, Konos agreed to pay $175,000 to the female employee, conduct a training on workplace harassment and retaliation, and provide various reports to the EEOC regarding its compliance with the decree. EEOC Indianapolis District Office DISTRICT PROFILE Director: Michelle Eisele Regional Attorney: Kenneth Bird Merit Cases Filed in FY 2022: 4 (T-7th) Average Days Between Determination Letter & Failure to Conciliate: 95 Average Days Between Failure to Conciliate & Complaint: 73 Average Days Between Determination Letter & Complaint: 168 MI OH IN KY MI Indianapolis