Labor & Employment Law Daily Wrap Up, EEOC NEWS—Employers to pay $295K to resolve allegations of sexual harassment, disability discrimination, (Jan 6, 2025)

By Patricia K. Ruiz, J.D.

The employers are required to provide monetary relief and provide training on the requirements of Title VII and the ADA.

The Equal Employment Opportunity Commission entered into settlements with several employers to resolve allegations of sexual harassment and retaliation under Title VII and disability discrimination under the ADA. Under the settlements, the employers will pay a total of $295,000 in damages to the affected employees and take other actions to prevent future discrimination.

Sexual harassment and retaliation. Prestigious Placement, Inc., and Prosero, Inc., entered into a $215,000 settlement with the EEOC to resolve a sexual harassment and retaliation lawsuit brought by the agency. The lawsuit alleged that a male lead employed by Prosero subjected female employees placed by Prestigious Placement to unwelcome sexual comments. Supervisors ignored the female employees’ complaints, and Prosero later terminated the female employees purportedly for performance issues, in violation of Title VII, the EEOC alleged. In addition to paying damages to the female employees, the two-year consent decree requires the employers to revise and distribute anti-harassment and anti-retaliation policies, post a notice in the workplace informing employees of the settlement and provide specialized training to supervisors, managers, and employees, and provide the EEOC with periodic reports.

The EEOC filed its lawsuit in the Western District of Tennessee; the case is No. 2:23-cv-02568.

Discrimination against employee with lupus. Lubin Logistics Company, a small package delivery contractor for FedEx, entered into a $20,000 settlement with the EEOC to resolve a disability discrimination lawsuit under Title VII. The EEOC alleged the employer fired a delivery driver because of his lupus. About two weeks after being hired, the employee experienced a flare-up after being assigned to a delivery truck without a working door, working heating system, or functional passenger seat, the EEOC alleged. The employee requested and received permission to return to the delivery terminal prior to the end of his shift because of his disability. Several days later, a supervisor fired the employee, saying he could no longer work for the employer because of his medical condition. In addition to providing monetary relief, the consent decree requires the employer to provide monetary relief to the victim, revise its ADA policies, post a notice in the workplace informing employees of the settlement, and train all employees with supervisory responsibilities on ADA requirements.

The EEOC filed its lawsuit in the Northern District of Georgia; the case is No. 1:24-cv-01911-JPB-LTW.

Discrimination against employee with degenerative disc disease. Shelby Baptist Medical Center and its operating companies entered into a $60,000 settlement with the EEOC to resolve claims of disability discrimination and retaliation under the ADA. The EEOC alleged the employer illegally discriminated against a behavioral health technician with degenerative disc disease, which impaired her ability to perform her existing job functions. She requested reassignment to a vacant position for which she was qualified, but the employer denied the accommodation and fired the employee in retaliation for requesting it. Under the consent decree, in addition to providing monetary relief, the employer and the other hospitals in its health system must take steps to prevent future discrimination by improving their policies and practices and by training their employees on the ADA.

The EEOC filed its lawsuit in the Northern District of Alabama; the case is No. 2:23-cv-00630-MHH.

Companies: Prestigious Placement, Inc.; Prosero, Inc.; Lubin Logistics Company; Shelby Baptist Medical Center; Tenet Healthcare Corporation; Tenet Health System Medical, Inc.; Brookwood Ancillary Holdings, Inc; Brookwood Baptist Health 2, LLC; Brookwood Center Development Corporation; BCDC Employee Co, LLC

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