Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—EEOC brings multiple lawsuits alleging disability and sex discrimination, (Oct 3, 2025)

By George Basharis, J.D.

Agency targets major employers over alleged ADA and Title VII violations.

The EEOC has filed lawsuits against several major employers alleging workplace discrimination, including failures to accommodate workers with disabilities and to address sexual harassment complaints. The agency said that an airline, a global delivery service, a national retailer, a staffing company, and a shipbuilder either denied legally required accommodations, tolerated hostile environments, or retaliated against workers who opposed unlawful treatment. The actions seek monetary relief, policy changes, and injunctive orders designed to prevent repeat violations. The agency stressed that employers face serious consequences when they disregard federal anti-discrimination laws.

Airline accused of failing to accommodate blind employee. American Airlines was sued by the EEOC, which alleged it refused to accommodate a reservations representative who developed cortical blindness. The employee requested screen reader software that would convert text and other information into synthesized speech, enabling her to continue using the company’s computer systems. She also asked to be considered for transfer to another position as an alternative accommodation.

According to the complaint, the airline failed to take steps to implement the requested screen reader software or to explore other reasonable accommodations. Instead, the employee was placed on unpaid, involuntary leave for almost four years. The EEOC charged that after years of delay, American ultimately terminated the employee without facilitating her return to work.

EEOC Acting Dallas Regional Attorney Ronald L. Phillips emphasized that the ADA requires employers to act “diligently, in cooperative dialogue with disabled workers, to identify and provide reasonable accommodations.” Dallas District Office Director Travis Nicholson added that screen reader technology such as JAWS has long been successfully integrated into workplaces, and employers are expected to engage in an interactive process to determine how such tools can be applied to enable employees to perform essential job functions The EEOC filed its lawsuit in the Northern District of Texas, Fort Worth Division; the case is No. 4:25-cv-01056-P.

FedEx sued over alleged sexual harassment and retaliation. The EEOC charged FedEx with subjecting a female administrator at its St. Rose, Louisiana facility to years of sexual harassment by her direct supervisor. According to the complaint, the administrator reported the conduct to the company, which led to a temporary cessation of harassment. The behavior resumed, culminating in forced sexual touching in September 2022, which the administrator reported to law enforcement.

The EEOC charged that FedEx failed to take effective measures to separate the supervisor from the administrator and eventually terminated her employment when she refused to return to work with him. The agency contends that the company’s actions left the employee without protection and forced her into the untenable choice of working with her harasser or losing her job.

Michael Kirkland, director of the EEOC’s New Orleans Field Office, stated, “Employees should not be made to endure workplace harassment by their supervisors, particularly where the employer is aware of it and takes insufficient action.” EEOC Senior Trial Attorney Jacqueline Barber underscored that “it is not acceptable for an employer to go through perfunctory motions of investigating sexual harassment without taking effective measures to prevent and remedy it.”

The EEOC filed its lawsuit in the Eastern District of Louisiana; the case is No. 2:25-cv-01997.

Walmart accused of hostile work environment and failure to accommodate. The EEOC alleged in a Wisconsin lawsuit that supervisors at Walmart’s Mount Pleasant store harassed two cart pushers with intellectual disabilities and denied one of them a reasonable accommodation. According to the complaint, in late 2021 supervisors referred to the employees as “stupid” and “slow,” and one supervisor called an employee another derogatory name before shutting the store door on him and sending him home early. When it became clear that management would not address the supervisor’s behavior, one of the employees resigned, stating he could not continue in the hostile environment.

The EEOC also charged that Walmart denied a request for a job coach to assist one of the employees, even though the assistance was available at no cost to the company. According to the agency, store managers and human resources representatives refused to communicate with the job coaches regarding the employee’s schedule, training needs, requests for breaks, or harassment complaints.

Victor Chen, an EEOC spokesperson, said, “Employers have a legal obligation to work with employees who need accommodations for disabilities and to stop and prevent disability-based harassment. Individuals with disabilities, like all workers, deserve respect and have a right to earn a living without being subjected to discriminatory harassment in the workplace.”

The EEOC filed its lawsuit in the Eastern District of Wisconsin. The case is No. 25-cv-1480.

Staffing company allegedly dropped candidate after learning of hearing loss. The EEOC accused staffing firm Digital Intelligence Systems of ending recruitment of a qualified candidate after learning he was hard of hearing and required an interview accommodation. The complaint states that in May 2023, a recruiter pursued the candidate for an accounting analyst position with a client. After learning of the candidate’s disability and his request for an interview accommodation, the recruiter stopped all communications and ignored follow-up inquiries. When the candidate asked directly whether the decision was discriminatory, the recruiter did not respond.

The EEOC charged that by withdrawing interest in the candidate, DISYS engaged in unlawful discrimination under the ADA. The agency seeks back pay and either instatement or front pay, along with compensatory and punitive damages. The suit also asks the court to enjoin the company from engaging in future discrimination and to require it to implement policies and practices ensuring equal opportunity for qualified candidates with disabilities.

Rayford Irvin, district director of the EEOC’s Houston District Office, said, “An employment recruiter cannot decide to stop pursuing a qualified job candidate because that candidate has a disability or requires an accommodation to interview.” EEOC Senior Trial Attorney Lloyd van Oostenrijk added that all candidates “should be assessed fairly based on their qualifications regardless of whether they have a disability or need a reasonable accommodation to interview for the position.”

The EEOC filed its lawsuit in the Southern District of Texas, Houston Division; the case is No. 4:25-cv-04589.

Shipbuilder charged with excluding worker using opioid dependency treatment. Bollinger Shipyards, a shipbuilding and repair company with facilities across the Mississippi and Louisiana coasts, was sued after the EEOC alleged it discriminated against a shipfitter who was recovering from opioid dependency. According to the complaint, in April 2024 Bollinger placed the employee on indefinite unpaid leave after learning she used prescription medication to treat her condition under her physician’s supervision. The EEOC charged that the company acted despite the employee’s safe and competent performance of her duties.

The agency contends that Bollinger’s decision was based on generalized fears and stereotypes rather than an individualized assessment of whether the employee posed any risk. The ADA prohibits exclusion of employees because of their disabilities or treatments unless the worker creates a significant risk of substantial harm, or the accommodation would impose an undue hardship on the employer.

Marsha Rucker, regional attorney for the EEOC’s Birmingham District, emphasized that the agency “will vigorously enforce” the ADA when companies rely on assumptions about individuals with disabilities. EEOC Birmingham District Director Bradley Anderson added that “gainful employment supports individuals recovering from addiction,” and that the Commission is committed to protecting their workplace rights.

The EEOC filed its lawsuit in the Southern District of Mississippi; the case is No. 1:25-cv-00288.

News: LitigationNewsTrends AgencyNews Discrimination DisabilityDiscrimination SexualHarassment SexDiscrimination Discharge Retaliation