Labor & Employment Law Daily Wrap Up, EEOC NEWS—New lawsuit alleges disability discrimination; $360K recovered for race-based harassment, retaliation, (Jul 23, 2025)

By Jonathan Anderson

A federal appeals court also affirmed a judgment against an employer accused of refusing to hire a qualified deaf truck driver because he was deaf.

The Equal Employment Opportunity Commission (EEOC) filed suit against a New Jersey employer that allegedly discriminated against employees with vision impairments in violation of the Americans with Disabilities Act (ADA). Separately, the EEOC said a New York employer will pay $360,000 and provide other relief to settle a race and national origin harassment and retaliation lawsuit brought under Title VII of the Civil Rights Act of 1964. The federal agency also announced a decision by an appeals court affirming a judgment against a Nebraska employer for violating the ADA.

Disability discrimination. Pearson Education, Inc., a New Jersey-based educational publishing and services company, violated the ADA when it failed to provide employees who are blind or have other visual impairments with equal access to employee benefits, performance, leave information, and required trainings, according to a lawsuit filed by the EEOC. The lawsuit alleges that Pearson contracted with third-party vendors to provide online platforms that employees must use to access information for their benefits, leave, and training. However, employees who are blind or have other visual impairments and rely on screen reading software could not view their information because these online portals were replete with technical issues, making them inaccessible. Pearson was aware of this deficiency but failed to provide affected employees with reasonable accommodations allowing them to have equal access to the terms, conditions, and privileges of their employment relationship. The lawsuit also alleges that Pearson discriminated against employees who need screen reading software by participating in a contractual arrangement or relationship subjecting these employees to discrimination. The suit seeks monetary relief for workers harmed by Pearson’s alleged unlawful conduct and an order prohibiting future discriminatory conduct against employees who are blind or have other vision impairments.

The EEOC filed its lawsuit in the District of New Jersey; the case is No. 2:25-cv-12214.

Race and national origin harassment, retaliation. Frontier Hot-Dip Galvanizing, Inc., a steel galvanizing business in Buffalo, New York, will pay $360,000 and provide other relief to settle a Title VII race and national origin harassment and retaliation lawsuit filed by the EEOC. The suit alleged that Frontier subjected a class of black temporary and permanent workers to egregious race- and national origin-based harassment, including routine use of egregious racial slurs and forcing them to endure a workplace covered in racially offensive graffiti. The company failed to address the hostile work environment even after receiving complaints. Instead, when two workers complained and then filed charges of discrimination with the EEOC, Frontier threatened and fired them, the EEOC charged. In addition to the monetary relief, the consent decree requires Frontier to provide anti-discrimination training; revise its policies, including for addressing racial harassment and the documentation, removal, and investigation into harassing graffiti; and encourage staffing agencies to inform Frontier about any complaints of discrimination they may receive. Frontier must engage a human resources consultant and provide an independent EEO hotline where employees can report incidents of discrimination. Frontier must also regularly report to the EEOC for the decree’s three-year duration.

The EEOC filed its lawsuit in the Western District of New York; the case is No. 16-cv-00691-LJV-HKS.

ADA judgment affirmed. The U.S. Court of Appeals for the Eighth Circuit has affirmed a judgment against Omaha, Nebraska-based Werner Trucking as part of an ADA lawsuit brought by the EEOC. The suit alleged that Werner violated the ADA when it refused to hire a qualified deaf truck driver because he was deaf. In September 2023, a Nebraska jury agreed and awarded $75,000 in compensatory damages and $36 million in punitive damages. The U.S. District Court for the District of Nebraska entered judgment in favor of the EEOC, reducing the jury’s award to the statutory cap of $300,000 and awarding back pay and prejudgment interest. The district court also ordered injunctive relief requiring Werner to report certain information about deaf applicants to the EEOC. Werner appealed to the circuit court, arguing the district court erred for numerous reasons, including granting a directed verdict on the issue of causation; granting summary judgment in the EEOC’s favor on certain affirmative defenses; making several adverse evidentiary rulings against Werner; denying Werner’s motions for judgment as a matter of law; granting injunctive relief; and awarding prejudgment interest. The three-judge appellate panel issued a decision on July 10 finding no error and affirming the district court’s judgment.

The EEOC filed its lawsuit in the District of Nebraska; the case is No. 8:18-cv-00462.

Companies: Pearson Education, Inc.; Frontier Hot-Dip Galvanizing, Inc.; Werner Trucking

News: AgencyNews Discrimination RemediesDamages LitigationNewsTrends DisabilityDiscrimination NationalOrigin RaceDiscrimination Retaliation