EEOC-Initiated Litigation - 2023 Edition

©2023 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2023 EDITION | 19 KEY CASES FILED IN FY 2022 EEOC v. Mexico Restaurant, Inc., 1:22-cv-430 (D. Haw.) The EEOC filed suit on behalf of a class of female employees claiming that Mexico Restaurant allowed a male employee to subject female co-workers to a sexually hostile work environment. According to the EEOC, Mexico Restaurant also engaged in racebased harassment against the charging party, who supposedly complained about her co-worker’s sexual harassment and subsequently was subjected to retaliatory forms of harassment. Furthermore, the EEOC claimed that Mexico Restaurant failed to preserve records as required by Section 709(c) of Title VII. EEOC v. Armed Forces Services Corporation dba Magellan Federal, 3:22-cv-999 (S.D. Cal.) The EEOC filed suit under Title VII against Magellan Federal, a government military contractor, alleged that the company harassed and discriminated against a female employee because of her sex. The EEOC also asserted that Magellan Federal subjected this employee to retaliatory conduct in response to her complaints. EEOC v. Goodsell/Wilkins, Inc., 8:22-cv-01765 (C.D. Cal.) The EEOC filed a lawsuit on behalf of two Hispanic former employees, alleging that construction company Goodsell/Wilkins subjected the employees to race and/or national origin-based harassment, as well as retaliation, in violation of Title VII. More specifically, the EEOC alleged that Goodsell/Wilkins employees uttered racial slurs and posted prejudicial graffiti drawings targeting the charging parties. The EEOC further claimed that, following one charging party’s internal complaint, the company terminated the employee who complained and continued to harass the other employee, resulting in his constructive discharge. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Activision Blizzard, Inc., 2:21-cv-07682 (C.D. Cal.) Activision Blizzard, a California-based video game company, settled an EEOC-initiated lawsuit alleging that the company maintained a sexually toxic work environment, with the Complaint asserting specific claims of sexual harassment, sex/pregnancy discrimination, and retaliation. As part of the settlement, Activision Blizzard created an $18 million fund to compensate female employees who were subjected to this alleged treatment. In addition to the monetary relief, Activision Blizzard also agreed to retain a third-party EEO consultant, allow for regular audits and reports regarding the company’s compliance with Title VII, implement a tracking system and hotline for internal complaints of discrimination and harassment, and provide various employee trainings, among other requirements. NV CA Los Angeles Hawaiian Islands American Samoa Guam Northern Mariana Islands Wake Island CA Los Angeles Hawaiian Islands American Samoa Guam Northern Mariana Islands Wake Island EEOC Los Angeles District Office DISTRICT PROFILE Director: Christine Park-Gonzalez (Acting) Regional Attorney: Anna Y. Park Merit Cases Filed in FY 2022: 8 (T-3rd) Average Days Between Determination Letter & Failure to Conciliate: 168 Average Days Between Failure to Conciliate & Complaint: 154 Average Days Between Determination Letter & Complaint: 323