Here are the some of the most recent cases the EEOC has initiated: EEOC v. A lock ( EEOC complaints are handled by the Equal Employment Opportunity Commission (EEOC), the body responsible for investigating discrimination complaints based on religion, race, national origin, color, age, sex, and disability. 1-844-234-5122 (ASL Video Phone) (773 F.3d. Find your nearest EEOC office Nevertheless, another applicant, who was 34 years old was also interviewed and received the job offer. MADISON, Wis. - Late yesterday, a jury determined that Walmart violated federal law when it refused to accommodate the disabilities of a longtime employee, and awarded $5.2 million in damages, the U.S. However, the judge may still award as much or less as the end result. An official website of the United States government. 1-844-234-5122 (ASL Video Phone) Obtaining or submitting information through this website does not create an attorney-client and/or confidential relationship. Equal Employment Opportunity Commission from 2012 to 2016 - the most recent data . A clear link to a disability or perceived disability must be established before back pay can be awarded, Judge Rebecca R. Pallmeyer ruled in November 2021. info@eeoc.gov When the employee and his legal guardian submitted new medical paperwork, requesting the continued accommodation of assistance from a job coach, the store cut off communication and effectively terminated him, the EEOC charged. Equal Employment Opportunity Commission (EEOC) won $505 million for discrimination claims in 2018, according to information the agency recently released. Similar to discrimination based on race, age, gender, religion, and LGBTQ status, treating people with disabilities differently in the workplace is prohibited under: Title VII of the Civil Rights Act of 1964 (Id. Accusations of mental health discrimination accounted for about 30% of Americans with Disabilities Act-related charges in fiscal year 2021, according to newly released statistics from the U.S. Generally, the EEOC appeared eager to weigh in on cases where lower courts interpreted worker protections too narrowly or where circuit courts have precedents that dont align with the agencys interpretation of civil rights law. As the federal agency responsible for enforcing federal employment discrimination laws, healthcare providers with outdated policies and/or practices may find themselves in hot water. However, the site director, Tim Lewis, believed that the former employee should not be rehired because of his wifes cancer, which would require him to spend time at home, and because he believed DM had too many older employees already. The plaintiffs won compensation of $176 million. After she was denied employment as well, she filed an ADA lawsuit against Toys R Us with the help of EEOC. information only on official, secure websites. MADISON, Wis. - Late yesterday, a jury determined that Walmart violated federal law when it refused to accommodate the disabilities of a longtime employee, and awarded $5.2 million in damages, the U.S. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution. Agency Secures $439.2 Million in Monetary Benefits for Victims WASHINGTON The U.S. info@eeoc.gov But because both women and men were offended by the music the plaintiffs failed to state a claim, a Nevada federal judge ruled in Dec. 2021. She sued the hospital alleging that it didnt adequately respond to her complaint because she is a bisexual woman who was harassed by another woman and that it allowed her alleged harasser to retaliate against her by telling co-workers she lied about the incident. Find your nearest EEOC office Since the start of FY 2011, the Commission has filed more than 200 lawsuits involving claims of discrimination based on disability under the Americans with Disabilities Act of 1990 and the ADA Amendments Act of 2008. A lock ( That's our main finding after analyzing the outcomes of 683,419 discrimination cases filed with the U.S. The plaintiff was able to file a lawsuit against this company with the help of the EEOC and was given a $186,295 settlement amount. But the music in S&S Activewear couldnt have been targeted because it was played in front of both male and female workers, according to the judge. Official websites use .gov Transferred from Southaven,MS location to Nashville location. The rumors about her mental health were detrimental to her reputation. Schedule afree consultationtoday. Washington, DC 20507 After getting in a motorcycle accident, this individual suffered from life-threatening injuries, including being in a coma for 4 days after the accident. Gender-based discrimination claims were the most frequent basis for the EEOCs amicus filings this year, as the agency placed 11 cases in this category. Real EEOC Cases Now that you know that it is illegal for a company to treat you unfairly or harass you at work, you may be wondering whether there are real cases involving teen workers. ) or https:// means youve safely connected to the .gov website. A blind individual applied as a night warehouse loader after his company eliminated his previous position as a drivers aide. Equal Employment Opportunity Commission (EEOC) discrimination allegations. 1-844-234-5122 (ASL Video Phone) A lock ( Additionally, after he requested time off, disciplinary action followed as a result. In its amicus brief filed May 4, the EEOC argued that the lower court should have applied the US Supreme Courts Burlington Northern & Santa Fe Railway Co. v. White ruling, which said employers can be liable for conduct that would discourage workers from engaging in protected activity like reporting bias or retaliatory harassment claims. The EEOC also found that the company retaliated against employees who complained about the harassment or discrimination. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns for the 67,448 charges of workplace discrimination the agency received in Fiscal Year (FY) 2020. Whether or not he was actually disabled or perceived as disabled, the fitness test was a violation of the ADA, the agencies said. In one such case, Frank v. Heartland Rehabilitation Hospital, LLC, the US Court of Appeals for the Tenth Circuit will decide what threshold a former nursing assistant must reach to prove that a two-week quit-or-be-fired ultimatum following her internal sexual harassment complaint amounts to retaliation. Since the start of FY 2011, through its litigation program, the Commission has recovered approximately $52,000,000 (as well as important injunctive and other "make whole" relief) in cases involving disability discrimination. The EEOC's Memphis District Office sued defendant Old Dominion Freight Line alleging it had discriminated against charging party, a truck driver, because of self-reported alcohol abuse in violation of the ADA and ADAAA. 1-800-669-6820 (TTY) This occurs when an employer believes a worker has a disability when none exists. In EEOC v. DynMcDermott Petroleum Operations Company, an employee worked for DynMcDermott (DM) as a planner and scheduler. The Coca-Cola Company (2000) Coca-Cola agreed to settle for $192.5 million after it was accused of long-term systemic racial discrimination against Black employees. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 1-800-669-6820 (TTY) According to the EEOC's lawsuit, an employee, who has a developmental disability and is deaf and visually impaired, worked as a cart pusher in the Beloit, Wis., Walmart for 16 years before a new manager started at the store. Amicus briefs are presented to the commission by the EEOC general counsels office and require a majority vote approval. All rights reserved. Share sensitive Under federal and Texas law, discrimination occurs when a worker is mistakenly believed to . In the Garcia case, a respiratory therapist reported an incident in which a co-worker sexually harassed her in the break room. The EEOC resolved 90,558. Equal Employment Opportunity Commission has asked a Colorado federal judge to alter a judgment, or at least grant a new trial, in its disability . Jury Finds Retail Giant Suspended and Failed to Accommodate Longtime Deaf Employee With Visual Impairment. A federal jury recently delivered a eye-popping $125,150,000 verdict in a disability discrimination case against Walmart. The Covid-19 pandemic has led thousands of workers to file discrimination claims with the EEOC, with the majority related to disability bias on top of a surge of vaccine-related charges in the wake of workplace mandates, according to data provided to Bloomberg Law Thursday. Related: Workplace Disability Discrimination in California. That's an increase from the 20% reported in FY 2010. More information is available at www.eeoc.gov. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Mr. Waddingham has been going through cancer treatment during a competitive interview process during a redeployment exercise. This 60-year-old employee is employed at a major financial institution and was diagnosed with depression. Let's take a closer look at that case: Charles Merrick v. Hilton Worldwide, Inc. Retaliation is the most common type of charge the EEOC receives, with 56% of the charges filed in fiscal year 2021 containing some allegation of illegal backlash. The driving duties, the panel held, could have been modified. 2:22-cv-00131-KS-MTP) in U.S. District Court for the Southern District of Mississippi after its Jackson Area Office completed an investigation and first attempted to reach a pre-litigation settlement through its voluntary conciliation process. "Employers have a legal obligation under federal law to work with employees who need accommodations for disabilities," said Gregory Gochanour, regional attorney for the EEOC's Chicago District. information only on official, secure websites. But in a Nov. 23 amicus brief, the EEOC and DOJ said the ADA only limits back pay to injuries caused by violation of the statute, and because Nawara was put on unpaid leave for several months pending the fitness-for duty test, he is entitled to the compensation. We encourage everyone to browse and search through our continually updated Press Kit, which provides extensive background and context for virtually any question. In his first month, the new store manager suspended the employee and forced him to resubmit medical paperwork in order to keep his reasonable accommodations. However, his employment was terminated only weeks prior to his return. Gender-based discrimination claims were the most frequent basis for the EEOC's amicus filings this year, as the agency placed 11 cases in this category. The application was denied employment as an instructor because she has partial paralysis in her left hand. Same company for almost 6 years. An official website of the United States government. The EEOC's Chicago District is responsible for investigating charges of employment discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, North Dakota and South Dakota, with Area Offices in Milwaukee and Minneapolis. For Deaf/Hard of Hearing callers: [1] See EEOC v. Old Dominion Freight Line, Inc., 2013 WL 3230670 (W.D. The ADAAA protects people with a much broader range of disabilities than the ADA did previously. In 1998, retaliation claims constituted 24 percent of the claims of discrimination filed under all of the antidiscrimination statutes. info@eeoc.gov Misclassification as Independent Contractor. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Jury Awards $5.2 Million Against Walmart in EEOC Disability Discrimination Case. Rather than asking whether Heartlands allegedly retaliatory actions effected a significant changeor any changein Franks employment status or benefits, the district court should have asked only whether they could have deterred a reasonable employee in Franks position from making a harassment claim, the EEOC said in its brief. Statistical: In certain cases EEOC will look at the impact that a particular The site director then sent an email to the former employee explaining that even though others had wanted to hire him, he could not be hired because of his age, health problems, wifes cancer, and former attendance problems.