How Not to Get Sued by the EEOC
Want to avoid being a defendant in an EEOC lawsuit?
One of the easiest ways to find out what’s on the EEOC’s radar is to keep tabs on the lawsuits it’s filing. Here’s the latest, all from just the past week:
1.7 Million Reasons to Prevent Harassment and Retaliation
Lowe’s Home Improvement Warehouse agreed to pay $1.72 million to settle allegations of “rampant” sexual harassment in Longview, Washington store.
Two men and one woman alleged that they were subjected to “widespread and repeated” sexual harassment by managers and co-workers, including verbal abuse, sexual assault and promises of a promotion in exchange for sex. The EEOC contended that Lowe’s failed to take prompt remedial action and instead fired the three alleged victims.
“Corporate America should be on notice that sexual harassment and retaliation will not be tolerated by the EEOC,” said EEOC Acting Chair Stuart Ishimaru.
Click here for more. Click here for a similar harassment/retaliation case the EEOC settled last week for $260,000 and here for one that settled for $125,000.
Reasonably Accommodate Disabilities
The St. Louis rams agreed to pay $100,000 in emotional distress damages and to reinstate a long-term employee who suffers from epilepsy.
The employee suffered from epilepsy throughout his eleven-year tenure with the Rams. However, in 2006 the Rams decided that the employee was a medical liability and posed a threat to workplace safety.
“As this case and many others show, disability does not mean inability,” Acting Chair Ishimaru said. “All employees should make workplace decisions based on merit and qualifications to do the job, rather than on myths, fears, or stereotypes associated with a person’s disability.” Click here for more.
In another case, the EEOC sued The Cash Store for allegedly refusing to accommodate — and ultimately firing — a manager who suffers from bipolar disorder.
Sean Reilly was hired as an assistant manager in June 2006. In October 2006, he was promoted to manager. In November 2006, he was given an award based on the success of his store.
Two months later, in January 2007, Reilly’s doctor prescribed new medication. Reilly requested leave to adjust to the new medicine. According to the EEOC, the company ignored Reilly’s accommodation requests and then fired him without explanation.
“When an employee faces limitations because of a disability, employers have a duty to explore reasonable accommodations,” said EEOC Regional Attorney William Tamayo. He added that because the company “didn’t make an effort, and that’s why the EEOC filed suit.” Click here for more.
Avoid Gender-based Stereotypes
The EEOC sued Tennessee-based Wally-Mo Trailers for allegedly refusing to hire women as welders.
“No employer has the right to assume that one gender or the other cannot perform a certain job,” said Acting Chair Ishimaru. Added Katharine Kroes, EEOC’s District Director for the Memphis Area: “This type of blatant sex discrimination is a priority for the EEOC.”
Click here for more. Click here for a similar lawsuit in which the EEOC asserts that a grocery store refused to hire women for any positions other than cashiers.
Age Discrimination and Early Retirement
The EEOC sued AT&T, claiming that it discriminated against older workers by denying reemployment “solely because they retired under early retirement plans.”
“We’ve been taking a new and hard look at age discrimination recently, and we’re intent on enforcing the ADEA strategically and vigorously,” said Acting Chair Ishimaru. “This particular case highlights the Commission’s commitment to combating age-based disparate impact discrimination.” Click here for more.
Don’t Discriminate Against Pregnant Employees
The EEOC filed two separate lawsuits last week against employers who allegedly fired employees because of their pregnancies. Click here and here for more.
Don’t let this happen to you. In addition to monetary and injunctive relief, the negative PR resulting from media coverage of the EEOC’s press releases can cripple a company.
Stay tuned for more valuable lessons from the EEOC.
