EEOC News

Date: 7/22/16
Title: EEOC News

EEOC Increases Fines for Violating Posting Requirements

On June 2, 2016 the EEOC announced that it was increasing the civil monetary fines for violation of the notice-posting requirements in Title VII, Americans with Disabilities Act (ADA), and Genetic Information Non-Discrimination Act (GINA).  The notices must be posted in “prominent and accessible” spots in the workplace.  This requirement applies to private employers, federal contractors and subcontractors, state and local governments, and educational institutions employing 15 or more individuals.

EEOC would discover the violation during the course of an investigation of a discrimination charge. The maximum penalty per violation has increased from $210 to $525. 

EEOC Focuses on Religious Discrimination

EEOC released a one-page fact sheet with the goal of helping young workers understand their rights and responsibilities under federal anti-discrimination laws prohibiting religious discrimination.  EEOC will begin collecting data on religion from individuals who file charges so that they can report on trends in charge data.  Also, EEOC plans to work with OFCCP to develop joint outreach and education efforts concerning discrimination based on religion.

 

Other available resources include:

Questions and Answers - Religious Discrimination in the Workplace
Best Practices for Eradicating Religious Discrimination in the Workplace
Questions and Answers for Employers: Responsibilities Concerning the Employment of Individuals who are, or are Perceived to be, Muslim or Middle Eastern
Religious Garb and Grooming in the Workplace: Rights and Responsibilities

 

Landmark Sexual Orientation Lawsuit Settles for $202,200

IFCO Systems signed a two-year consent decree to pay $182,200 in monetary relief to a lesbian employee who was repeatedly harassed by her supervisor because of her sexual orientation.  Her supervisor made comments to her regarding her sexual orientation and appearance, such as “I want to turn you back into a woman” and “You would look good in a dress” and also made sexually suggestive gestures to her.  In retaliation, she was fired days after she complained to management and called the employee hotline to report the harass­ment, according to the suit.

IFCO will also donate $20,000 to the Human Rights Campaign Foundation to support the Human Rights Campaign’s Workplace Equality Program. The decree enjoins IFCO from engaging in sex discrimination or retaliation in the future. The company will retain an expert on sexual orientation, gender identity, and transgender training to assist in developing a training program for IFCO’s top managers, supervisors and employees on LGBT workplace issues. IFCO will also distribute its equal employment opportunity policies and a toll-free employee hotline number and Web address to all employees in its north region. The company will provide the female employee with a letter of refer­ence. Finally, IFCO will also post a notice about the settlement and report to EEOC on its compliance with the decree, including how it handled any complaints of sexual orientation discrimination.

 “This consent decree marks EEOC’s first resolution of a suit challenging discrimination based on sexual orientation under Title VII,” said EEOC General Counsel David Lopez.

EEOC Sues Rent-A-Center for Sex Discrimination against Transgender Employee [7-19-16]

In EEOC’s pre-suit investigation they discovered that the company’s managers disapproved of the Assistant Manager’s gender transition and found a pretext for firing her.  The suit was filed after first attempting to reach a pre-litigation settlement through the agency’s conciliation process.

Federal Judge Awards EEOC $179,000 Default Judgment against Workplace Staffing Solutions [7-18-16]

 The Louisiana staffing firm was charged with sex discrimination for failing to hire six women for residential temporary trashcan collector positions because of their gender, while hiring only men into this position.  One of the claimants was told by a company representative that the position was a “male-only” job and another was told it only had “industrial jobs that are usually for men” and that the job was “more a job for a guy.”  The court found that Workplace Staffing also denied at least five other qualified women the opportunity to apply for positions because of their sex.  

 

EEOC Settles Lawsuit with Reserve Casino Hotel for $250,000

Reserve Casino Hotel will pay $250,000 to settle an age and sex discrimination lawsuit for refusing to hire older women applicants.  The Hotel chose to hire younger candidates over old candidates and male candidates over female candidates with equal or greater qualifications for slot attendant and cocktail server positions.  Out of the 14 applicants for the slot attendant position, only the three oldest female applicants were not hired. RCH Colorado also refused to hire the oldest cocktail server, who was 63 years old.  The suit also alleged that casino managers took photos of employees on the casino floor and later used them to screen out older, less attractive employees that led to a significant hiring disparity for female applicants and/or applicants age 40 and older.

The Hotel also signed a consent decree requiring semi-annual anti-discrimination training for its employees and the revision and distribution of its anti-discrimination policies.  They must all report to EEOC if any complaints or age or gender discrimination arise in the next 3 ½ years.

 

 

 

Disclaimer: The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the EEOC. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.