Legal Updates – September 2024

News

By:  Claire Sweetman

EEOC Sues Three Employers for Workplace Harassment

On September 5, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) filed three lawsuits alleging hostile work environments in violation of Title VII of the Civil Rights Act of 1964.[1] Title VII prohibits discrimination, including unlawful harassment, based on race, color, religion, sex, and national origin. The law also prohibits retaliation against employees who complain about unlawful conduct.[2] The EEOC claims that the three corporations allowed discriminatory mistreatment in the workplace.

Below is a summary of each of the three lawsuits.[3]

  • EEOC v. United Airlines, Case No. 1:24-cv-2438
    1. The EEOC filed suit in the U.S. District Court for the District of Colorado, alleging that a manager harassed an Asian employee by calling him a racial slur (“chink”) and grabbing his arm to inspect his identification badge. The agency also alleged that the manager asked the employee if he liked working for United, then slapped him on the back and walked away. The incident took place during the height of the COVID-19 pandemic. During this time, Asian Americans were facing increased public hostility and violence. The agency alleged that United Airlines failed to investigate the employee’s concerns for months, which led to his resignation.
  • EEOC v. Epiq Food Hall Woodbridge, LLC, et al, Case No.: 1:24-cv-1518
    1. The EEOC filed suit in the U.S. District Court for the Eastern District of Virginia alleging that a restaurant owner subjected a Black general manager to several derogatory racial comments, including telling him that he “look[ed] like [he] spoke thug language” and referring to him as the n-word. The agency also alleged that the restaurant owner made frequent disparaging remarks about Black customers and employees, including calling them “not smart,” “ignorant,” “ghetto,” and “riff raff.” The restaurant owner also allegedly cancelled live music and karaoke events that attracted predominately Black patrons. The general manager resigned based on the persistent racism and lack of a complaint procedure or human resources department.
  • EEOC v. Rivers Edge Enterprises, LLC d/b/a River’s Edge Bar and Grill, Case No.: 8:24-cv-2090
    1. The EEOC filed suit in the U.S. District Court for the Middle District of Florida, Tampa Division, alleging that a restaurant owner subjected female employees to a sexually hostile work environment. The agency alleged that one of the restaurant’s owners openly and on a daily basis made sexually charged comments, propositioned female employees to have sex with him, and touched and groped female employees without their consent. The agency stated that the two other restaurant owners, the harasser’s brothers, witnessed the conduct but failed to take action. Additionally, when a female employee complained about the harassment, her employment was terminated.

FDIC Selects Consulting Group to Advise on Workplace Culture Initiatives

On September 4, 2024, the Federal Deposit Insurance Corporation (FDIC) Board of Directors selected Boston Consulting Group (BCG) Federal Corporation to assist the Agency in its implementation of its Action Plan for a Safe, Fair, and Inclusive Work Environment.[4] The Action Plan includes recommendations from a separate independent third-party review as well as the FDIC Office of the Inspector General. The steps detailed in the Action Plan are intended to improve FDIC’s workplace culture, policies, procedures, and structures involving HR issues. The firm, BCG, was selected from among several advisors after a public solicitation. The firm has extensive experience in workplace culture and change management for private and public sector clients.[5]

[1] https://www.eeoc.gov/newsroom/eeoc-sues-three-employers-workplace-harassment#:~:text=WASHINGTON%20%E2%80%93The%20U.S.%20Equal%20Employment,Civil%20Rights%20Act%20of%201964.

[2] Id.

[3] Id.

[4] https://www.fdic.gov/news/press-releases/2024/fdic-board-selects-boston-consulting-group-advise-workplace-culture

[5] Id.

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