Labor & Employment Law Daily Wrap Up, EEOC NEWS—$1.25M settles sexual harassment, disability discrimination allegations; new Commissioner completes quorum, (Nov 21, 2025)

By Pamela Wolf, J.D.

This week, the federal agency announced the confirmation and swearing in of Commissioner Brittany Bull Panuccio, restoring the Commission’s quorum.

In separate developments, the EEOC announced its recovery of $1,250,000 from lawsuits filed against employers in Nevada and Indiana alleging sexual harassment and disability discrimination, respectively. The federal agency also announced the confirmation and swearing in of Commissioner Brittany Bull Panuccio, restoring the Commission’s quorum.

Workers sexually harassed by coworkers and supervisors. Nevada Restaurant Services, Inc. agreed to pay $1.2 million and furnish other relief to settle allegations of sexual harassment and constructive discharge. The company is the owner/operator of a chain of gambling parlors and hotel casino and resort facilities, including Laughlin River Lodge Hotel & Casino in Laughlin, Nevada. Since at least 2018, the company allegedly violated Title VII when male and female employees were subjected to verbal and physical sexual harassment by coworkers and supervisors. The company purportedly knew of the harassment and failed to effectively address complaints, generating adverse working conditions in which some employees felt they had no choice but to resign.

Other consent decree provisions. The three-year consent decree resolving the case also requires Nevada Restaurant Services to post a notice of settlement; train employees about sexual harassment and reporting procedures, with additional training for managers and HR representatives; establish an online complaint procedure; centrally track reports; distribute its policy and reporting procedures to employees; send a follow-up questionnaire to employees who complained of sexual harassment to ensure compliance with anti-harassment and retaliation procedures; and retain an EEO monitor to ensure compliance with the consent decree.

The consent decree also establishes a process for current and former employees to file claims to share in the distribution of the $1.2 million monetary settlement. Current and former employees who experienced sexual harassment between 2019 to the present may be eligible.

“We commend Nevada Restaurant Services for their cooperation in the early resolution of this lawsuit and agreeing to implement proactive measures to proactively address sexual harassment and to encourage employees to report harassment,” said EEOC Regional Attorney Anna Park. “It is imperative that employers take great care to ensure that their workers are protected from sexual harassment by having effective policies and procedures and hold managers and supervisors accountable for worker safety.”

The EEOC filed its lawsuit in the District of Nevada; the case is No. 2:23-cv-01307.

Fired employee instead of continuing reasonable accommodation. Holsum of Fort Wayne, Inc., will pay $50,000 and provide other relief to settle allegations that it violated the ADA when it told an employee she could no longer use her walker, which she needed due to her disabilities. The wholesale bakery, with two locations in northern Indiana, maintained a policy prohibiting the use of personal items in the production area. In August 2020, one of its supervisors allegedly permitted the employee to bring a walker into the area so she could walk throughout the facility. About a year later, the bakery purportedly told her she could no longer use the walker, as it violated the personal items policy. The employee said she needed the walker due to her disabilities, but Holsum refused to grant her an exception to the policy and forced her to take medical leave. The bakery fired her a few months later because she was unable to return to work without the assistance of a walker.

More about the decree. The three-year consent decree settling the case also requires Holsum to adopt or amend certain policies and procedures to comply with the ADA; provide annual ADA training to its HR personnel and managers; and submit annual reports to the EEOC about certain reasonable accommodation requests made by employees.

“The ADA prohibits an employer from forcing an employee with a disability off the job when a reasonable accommodation is available and will allow that employee to continue working,” noted EEOC Regional Attorney Kenneth Bird.

The EEOC brought its lawsuit in the Northern District of Indiana; the case is No. 3:24-CV-00702-CCB-SJF.

New EEO Commissioner completes quorum. Commissioner Brittany Bull Panuccio, confirmed by the Senate on October 7, 2025, was sworn in on October 27 for a term expiring in July 2029, the agency announced. Panuccio joins Chair Andrea Lucas and Commissioner Kalpana Kotagal on the Commission, restoring its quorum. This means that the Commission, with the presence of all three current members, may once again take major actions, such as issuing guidance. Now composed of two Republicans and one Democrat, the Commission has two remaining vacancies to fill before reaching its full complement.

Prior background. Before joining the EEOC, Panuccio served as an Assistant U.S. Attorney in the Southern District of Florida. As part of the Appellate Division, she litigated and argued civil and criminal appeals in the Eleventh Circuit. During the first Trump Administration, Panuccio served at the U.S. Department of Education in the Office for Civil Rights and the Office of the General Counsel, where she co-authored the 2018 Title IX Notice of Proposed Rulemaking. Earlier in her career, she practiced labor and employment law at Jones Day and served as a judicial law clerk for Judge Neomi Rao of the D.C. Circuit and Judge Don R. Willet of the Fifth Circuit.

Education. Panuccio earned her law degree at Northwestern University Pritzker School of Law and a Bachelor of Arts at Northwestern University. Prior to law school, she served as a Teach for America Corps member.

“Commissioner Panuccio’s confirmation comes at a pivotal time for the EEOC,” said EEOC Chair Andrea Lucas. “Her strong experience with litigation, appellate law, and rulemaking, and her dedication to civil rights and public service, will be tremendous assets to the Commission as we embark on the next stage of implementing President Trump’s ambitious civil rights agenda.”

“Serving on the Commission under President Trump’s leadership is an honor,” said Panuccio. “I am committed to the EEOC’s critical mission of preventing and remedying discrimination in our nation’s workplaces and advancing equal opportunity for all.”

Companies: Nevada Restaurant Services, Inc.; Holsum of Fort Wayne, Inc.

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