51 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP settlement through a two-year consent decree. Under the terms of the decree, the employer agreed to pay $300,000 in monetary relief. In addition, the company committed to corrective measures such as: revising and distributing its sexual harassment policy to all employees and providing mandatory sexual harassment training for a two-year period. EEOC v. Prestigious Placement, Inc. and Prosero, Inc., Case No. 2:23-cv-02568, (W.D. Tenn.) According to the EEOC, a male lead employed by Prosero subjected female employees—who had been placed at a Memphis warehouse by Prestigious Placement—to unwelcome sexual comments. When two of these employees reported the harassment to supervisors, their complaints were ignored. Subsequently, Prosero terminated the employees, citing performance issues, an act the EEOC maintains was retaliatory. After initially filing suit, the parties agreed to reached agreement on a two-year consent decree under which the companies agreed to pay $215,000 in damages to three former female employees and implement significant corrective measures, including: revising and distributing anti-harassment and anti-retaliation policies, posting a workplace notice about the settlement, and providing specialized training to all supervisors, managers, and employees. Additionally, the companies must submit periodic reports to the EEOC detailing any future complaints of sexual harassment or retaliation, including the allegations and the companies’ responses. KEY CASES FILED IN FY 2025 EEOC v. Cemex Constructional Materials Florida LLC, Case No. 8:25-cv-1454 (M.D. Fla.) The EEOC filed suit against alleging that the employer failed to provide a reasonable religious accommodation to a mixture truck driver who is an Apostolic Christian. The employee requested to wear a close-fitting skirt over her work pants in accordance with her religious beliefs. Although the company maintained a policy against loose-fitting clothing, the skirts worn by the employee were close-fitting and complied with safety requirements. Despite this, the employer refused the accommodation request. When the employee continued wearing the skirt, she was terminated. EEOC v. Fluent Servicing, LLC, Case No. 8:25-cv-02522 (M.D. Fla.) According to the EEOC, the Tampabased medical marijuana treatment center violated the Americans with Disabilities Act after it failed to provide a reasonable accommodation and then terminated an employee with a disability. The employee experienced a seizure at work and subsequently called out sick for several days. Fluent instructed the employee to obtain a doctor’s note before returning to work. The employee complied and provided the requested note, which not only cleared her to return but also included a specific request for a reasonable EEOC Miami District Office DISTRICT PROFILE Director: Evangeline Hawthorne Regional Attorney: Kristen M. Foslid Merit Cases Filed in FY 2025: 6 Average Days Between Determination Letter & Failure to Conciliate: 71 Average Days Between Failure to Conciliate & Complaint: 167 Average Days Between Determination Letter & Complaint: 167 FL Miami Puerto Rico Virgin Islands FL Miami Puerto Rico Virgin Islands ©2026 Seyfarth Shaw LLP
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