Labor & Employment Law Daily Wrap Up, EEOC NEWS—Four new lawsuits allege age, disability, and sex discrimination by employers, (Jan 22, 2025)

By Patricia K. Ruiz, J.D.

The employers sued include Sam’s Club and General Motors.

The Equal Employment Opportunity Commission (EEOC) filed suits against four employers accused of engaging in age discrimination, disability discrimination, sex discrimination, and sexual harassment. The lawsuits allege violations of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Older Workers Benefit Protection Act (OWBPA).

Age discrimination. The EEOC filed suit against General Motors (GM) and the international union of United Auto Workers, alleging they violated the ADEA and the OWBPA by negotiating a collective bargaining agreement limiting short-term disability payments to older workers who receive Social Security retirement benefits. The lawsuit alleged that, since at least 2019, the agreement provided that GM will pay weekly benefits to employees who miss work due to sickness or injury; however, GM paid less to employees who were entitled by their age to full retirement benefits through Social Security, leaving workers aged 66 and older with fewer benefits than their younger counterparts.

Disability discrimination. The EEOC filed suit against Sam’s East, Inc., and Walmart Inc., which together operate Sam’s Club, alleging the employer refused to reasonably accommodate an employee’s disabilities and ultimately fired her, in violation of the ADA. The lawsuit alleges a longtime Sam’s Club employee sought to return to her associate position at a Georgia store following a medical leave of absence due to an automobile accident. The employee suffered post-concussion syndrome, upper back pain, muscle spasms, and chronic lower back pain. She sought minor, temporary adjustments to her duties as a reasonable accommodation for her disabilities. The employer informed her she would need to take another leave of absence until she could work without any restrictions. When she sought leave, the employer denied the request and fired her, saying it could not accommodate her injuries because they occurred outside of work.

The EEOC filed its lawsuit in the Northern District of Georgia; the case is No. 1:25-cv-0222.

Sex discrimination. The EEOC filed suit against TCI of Alabama, LLC, a recycler of large items, such as transformers and electrical equipment, alleging the employer violated Title VII when it discriminated against female job applicants. The EEOC alleged that, since at least August 2020, TCI discriminated against a class of female employees by systemically denying them laborer positions because of their sex. TCI carried out this discrimination by instructing multiple staffing agencies not to place or refer females for its laborer positions, the EEOC alleged.

The EEOC filed its lawsuit in the Northern District of Alabama; the case is No. 4:25-cv-00089-SGC.

Sexual harassment. The EEOC filed suit against FCA US, LLC, an international automobile manufacturer, alleging it subjected female production employees to widespread sexual harassment. The lawsuit alleged female employees at FCA’s Detroit Assembly Complex were sexually harassed by male supervisors and coworkers. The harassment included sexually explicit comments and inappropriate touching. Some of the female employees complained to the employer, but it failed to act in response to some complaints and responded in an untimely or negligent manner to other complaints. As a result of the sexually hostile work environment, one of the female employees resigned.

The EEOC filed its lawsuit in the Eastern District of Michigan; the case is No. 2:25-cv-10174.

Companies: General Motors; United Auto Workers; Sam’s East, Inc.; Walmart Inc.; TCI of Alabama, LLC; FCA US, LLC

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