71 | EEOC-INITIATED LITIGATION: 2026 EDITION ©2026 Seyfarth Shaw LLP EEOC v. Mayo Clinic, Case No. 0:25-cv-3066 (D. Minn.). The EEOC filed suit against the Mayo Clinic, alleging that it refused to grant a security guard’s request for a religious accommodation because his religious beliefs made him opposed to getting the COVID-19 vaccine. The lawsuit claims that the company instead threatened to fire the employee, so the employee submitted to the vaccine policy to avoid being fired. The lawsuit brings Title VII claims. EEOC v. South Valley Care Center LLC, Case No. 1:25-cv-569 (D.N.M.). The EEOC brought suit against the company, a long-term nursing care facility, alleging it harassed, discriminated, and retaliated against older employees. The employees claim their supervisor made harassing comments based on age and were treated less favorably than younger workers, including receiving fewer breaks and non-preferred work schedules. When the older workers complained about the discrimination, they claim the company failed to address their complaints and fired at least two workers. The lawsuit brings Title VII and ADEA claims. C. Construction This year, the EEOC filed several lawsuits against construction companies on a range of grounds. Due to the small number of filed cases alleging substantive violations, there is no discernable area of focus from these complaints. One trend that continues to be evident is the EEOC is very willing to sue on facts that indicate discrimination specific to an individual as opposed to a class-based suit, as all construction cases filed by the EEOC were on behalf of individuals. KEY CASES FILED IN FY 2025 EEOC v. A.W. Farrell & Son Inc., Jameson Roofing Company Inc., Northwestern Roofing Co. Inc., Case No. 1:25cv953 (W.D.N.Y.). The EEOC filed suit on behalf of a roofer, who alleged that his supervisor subjected him to months of unwelcome comments and incidents of physical contact on the job, including an assault severe enough to require medical attention. When the roofer reported the harassment, the company failed to address it appropriately and instead suggested the roofer give his harassing supervisor “another chance.” The roofer then resigned. The EEOC alleges violations of Title VII based on sex. EEOC v. Cemex Constructional Materials Florida LLC, Case No. 8:25cv1454 (M.D. Fla.). The EEOC filed suit on behalf of a female concrete mixer truck driver, who alleged the company failed to accommodate her request to wear a close-fitting skirt over her pants as required by her religion as an Apostolic Christian. The company allegedly denied her religious accommodation request due to the company’s policy against employees wearing loose-fitting clothing on the job. The employee continued to wear a close-fitting skirt over her uniform, believing it complied with company policy, which eventually led to the employee’s termination. The EEOC alleges violations of Title VII based on religion. 5 Construction Industry Merit Cases Filed in FY 2025 Atlanta Charlotte Miami New York 2 1 1 1 EEOC District Offices Bringing Suit & Number of Lawsuits Brought by Each District Statutory Basis for Suit 4: Title VII 1: ADA ©2026 Seyfarth Shaw LLP
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