EEOC-Initiated Litigation - 2023 Edition

©2023 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2023 EDITION | 25 KEY CASES FILED IN FY 2022 EEOC v. Chipotle Services, LLC, 2:22-cv-279 (W.D. Wash.) The EEOC filed suit on behalf of a class of at least three female employees alleging that two male Chipotle employees subjected several female employees to a pattern of sexual harassment in violation of Title VII. The EEOC’s complaint further claimed that Chipotle failed to remedy this alleged pattern of harassment, and also constructively discharged at least two class members by way of this inappropriate conduct. EEOC v. SmartTalent LLC, 22-cv-1102 (W.D. Wash.) The EEOC’s pattern or practice lawsuit under Title VII claimed that temporary staffing company SmartTalent discriminated on the basis of sex in both its hiring and job placement decisions. More specifically, the EEOC alleged that, since 2015, SmartTalent has complied with its customers’ staffing requests specifically asking for young male employees, while also telling interested female applicants that no such positions were available. EEOC v. Monson Fruit Co., LLC, 1:22-cv-3133 (E.D. Wash.) The EEOC alleged that a manager at Monson Fruit subjected a female employee to unwanted sexual propositions and touching, resulting in a sexually hostile work environment in violation of Title VII. According the EEOC’s Complaint, Monson Fruit not only retaliated against this female employee for complaining and refusing the manager’s sexual advances, but also terminated the female employee’s spouse in retaliation for his partner’s protected EEO activity. KEY SETTLEMENTS SECURED IN FY 2022 EEOC v. GIPHX10, LLC d/b/a Hawthorn Suites by Wyndham, & Jaffer, Inc., 2:20-cv-01369 (W.D. Wash.) The defendant hotel operators agreed to pay $370,000 to settle a Title VII sexual harassment lawsuit filed by the EEOC on behalf of two female housekeepers. In addition to this monetary payment, the parties’ three-year consent decree also required the hotel operators to implement company-wide anti-harassment training and hire a consultant to help the companies develop appropriate policies and an internal complaint system. EEOC v. Viewpoint, Inc. and CampusPoint Corp., 3:21-cv-1429 (D. Or.) Software developer Viewpoint, Inc. and its recruiter CampusPoint Corporation settled an ADA suit in which the EEOC alleged that the defendants collectively rejected a job applicant upon discovering that he required a sign language interpreter for the interview. As part of their four-year consent decree, the defendants agreed to pay $225,000 to the applicant, incorporate various ADA policies, revise their online application process, and provide training focused on accommodating individuals who are deaf or hard-of-hearing. WA MT ID NV CA OR San Francisco AK WA MT ID NV CA OR San Francisco AK EEOC San Francisco District Office DISTRICT PROFILE Director: Nancy Sienko Regional Attorney: Roberta Steele Merit Cases Filed in FY 2022: 5 (T-6th) Average Days Between Determination Letter & Failure to Conciliate: 168 Average Days Between Failure to Conciliate & Complaint: 171 Average Days Between Determination Letter & Complaint: 338