EEOC-Initiated Litigation - 2023 Edition

24 | EEOC-INITIATED LITIGATION: 2023 EDITION ©2023 Seyfarth Shaw LLP KEY CASES FILED IN FY 2022 EEOC v. Schuff Steel Co., 2:22-cv-1653 (D. Ariz.) The EEOC’s Complaint asserted that, under Title VII, Schuff Steel’s plant manager subjected a group of African American and Hispanic employees to a hostile work environment on the basis of their race and national origin. To that end, the EEOC claimed that the plant manager regularly used racial slurs in the workplace, and despite several employees’ complaint, the company allegedly failed to remedy this harassment. The EEOC further alleged that Schuff Steel either retaliated against or constructively discharged the employees who complained of the plant’s manager supposed conduct. EEOC v. Teamsters Local Union No. 455, 1:22-cv-2520 (D. Colo.) The EEOC filed suit on behalf of a UPS Business Manager alleging that Teamsters Local Union No. 455 subjected this individual to a sexually hostile work environment in violation of Title VII. Namely, the EEOC claimed that the Union’s Business Agent made sexually suggestive comments to the female Business Manager and inappropriately touched her without consent. The EEOC also alleged that the Union was aware of its Business Agent’s supposed conduct but failed to adequately address the situation. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. Plains Pipeline, L.P., et al., 7:20-cv-82 (W.D. Tex.) Four companies that collectively run oil and gas pipelines in New Mexico and Texas settled an EEOC-initiated case alleging that the defendants subjected 16 male employees to race, national origin, and sex-based harassment, as well as acts of retaliation. The parties’ three-year consent decree required these oil and gas companies to pay $1.75 million to the aggrieved individuals, implement revised policies and trainings focused on harassment and retaliation, and provide periodic reports to the EEOC regarding Title VII compliance. WY CO UT AZ NM Phoenix EEOC Phoenix District Office DISTRICT PROFILE Director: Nancy Sienko (Acting) Regional Attorney: Mary Jo O’Neill Merit Cases Filed in FY 2022: 6 (5th) Average Days Between Determination Letter & Failure to Conciliate: 171 Average Days Between Failure to Conciliate & Complaint: 145 Average Days Between Determination Letter & Complaint: 320