EEOC-Initiated Litigation - 2023 Edition

©2023 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2023 EDITION | 21 KEY CASES FILED IN FY 2022 EEOC v. DLS Engineering Assoc., Inc., 3:21-cv-1214 (M.D. Fla.) The EEOC filed suit against DLS Engineering Associates pursuant to the PDA, alleging that the company discriminated against a job applicant due to her pregnancy. According to the EEOC’s Complaint, DLS Engineering Associates first extended an employment offer to a female job applicant, but upon discovering that the applicant was pregnant, the company’s Vice President rescinded her job offer despite the applicant’s assurances that she could still perform the essential functions of the role. EEOC v. The Crab Stop Bar and Grill, LLC, 2:22-cv-14339 (S.D. Fla.) The EEOC sued The Crab Stop Bar and Grill on behalf of a class of female employees asserting claims for sexual harassment, constructive discharge, and retaliation under Title VII. Namely, the EEOC alleged that the seafood restaurant’s owner created a sexually hostile work environment for female employees through consistent inappropriate commentary and groping. The EEOC also claimed that The Crab Stop Bar and Grill constructively discharged one subject of the harassment, and that another female employee was terminated in retaliation for complaining of the alleged harassment. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Carrabba’s Italian Grill LLC & OS Restaurant Services, LLC, 8:21-cv-2507 (M.D. Fla.) The defendant restaurant and its staffing agency settled an EEOC-initiated lawsuit alleging that a Carrabba’s manager subjected female employees to sexual advances and other acts of sexual harassment in violation of Title VII. As part of the 30-month consent decree, the defendants agreed to pay $690,000 to the female victims, create revised workplace harassment policies, and conduct anti-harassment training for managers. EEOC v. Shelley’s Septic Tank, Inc., 6:20-cv-1285 (M.D. Fla.) Shelley’s Septic Tank agreed to settle the EEOC’s case alleging that the company’s owner subjected a male employee to same-sex harassment and later terminated his employment for reporting this conduct to the sheriff’s office. By entering into a three-year consent decree with the EEOC, Shelley’s Septic Tank committing to pay $82,500 to the terminated employee, retain a third-party consultant to investigate future internal complaints, and create new anti-harassment policies and trainings. EEOC Miami District Office DISTRICT PROFILE Director: Evangeline Hawthorne Regional Attorney: Robert E. Weisberg Merit Cases Filed in FY 2022: 8 (T-3rd) Average Days Between Determination Letter & Failure to Conciliate: 37 Average Days Between Failure to Conciliate & Complaint: 193 Average Days Between Determination Letter & Complaint: 209 FL Miami Puerto Rico Virgin Islands FL Miami Puerto Rico Virgin Islands