New York District News Roundup
U.S. Equal Employment Opportunity Commission sent this bulletin at 07/24/2024 11:56 AM EDT
RECENT NATIONAL NEWS
On June 18, 2024, the Equal Employment Opportunity Commission (EEOC) issued Promising Practices for Preventing Harassment in the Construction Industry, a document that highlights key recommendations industry leaders can take to combat harassment in construction.
On May 21, 2024, EEOC presented a webinar on the Pregnant Workers Fairness Act (PWFA), Pregnant Workers Fairness Act: An Overview for Workers. The webinar provided information and clarity about who is covered under the law, the types of limitations and medical conditions covered, and examples of reasonable accommodations. Don't worry if you missed the webinar, you can view it here.
By now, you have probably heard that on April 29, 2024, the EEOC issued final guidance on harassment in the workplace, "Enforcement Guidance on Harassment in the Workplace." By providing this resource on the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC, the guidance will help people feel safe on the job and assist employers in creating respectful workplaces. The new guidance updates, consolidates, and replaces the agency's five guidance documents issued between 1987 and 1999, and serves as a single, unified agency resource on EEOC-enforced workplace harassment law. It reflects the Commission's consideration of the robust public input that it received after the guidance was posted for public comment in the fall of 2023.
NEW YORK LITIGATION ROUNDUP
EEOC v Maximum Security NYC, Inc. – in this lawsuit EEOC charged the security company made disparaging comments and fired a 57-year-old employee after a heart attack. Maximum Security NYC, Inc. agreed to pay the former employer $22,500 and implement an anti-discrimination policy and training program to resolve the age and disability lawsuit.
EEOC v. N. Y. Beer Project, LLC – EEOC filed a lawsuit against N. Y. Beer Project, LLC charging them with refusing to schedule and ultimately firing two employees who were fully able to work. In this lawsuit, EEOC alleges two employees were not allowed to work and terminated because of their disabilities.
EEOC v Tech Mahindra, Inc. – in this lawsuit EEOC charged that the technology company refused to hire a qualified applicant when it learned he was deaf. Tech Mahindra, Inc. agreed to pay the applicant $225,000, create anti-discrimination policies and complaint procedures, train employees involved in hiring and supervision on all aspects of the ADA and hire an ADA coordinator to review requests for reasonable accommodation.
EEOC v McLane Northeast – On February 8, 2024, a jury returned a verdict in this litigation and awarded an applicant $1.675 million. After a 3 ½ day trial, the jury found, following just two hours of deliberation that McLane Northeast, violated the Americans with Disabilities Act (ADA) by first refusing to interview a Deaf applicant and then by refusing to hire the applicant for two entry-level warehouse jobs she applied for. The jury awarded the Deaf applicant $25,000 in back pay, $150,000 in emotional distress damages, and $1.5 million in punitive damages.
To read these cases, and others from across the country, visit EEOC's newsroom.
UPCOMING EVENTS
SAVE THE DATE FOR NEW YORK DISTRICT'S POPULAR ANNUAL WORKSHOP!
WORKSHOP: Strategies for Successfully Mediating Employment Discrimination Disputes
DATE: Tuesday, September 4, 2024
TIME: 2:00 p.m. - 4:00 p.m. (EST)
WHERE: Virtual via Zoom
This workshop will provide attendees with a full spectrum of guidance related to successfully engaging in the mediation of employment discrimination disputes through EEOC's Mediation Program. Our presenters will share strategies on navigating the mediation process from their unique perspectives of EEOC Mediation, Charging Party Representative, and Respondent Representative. Useful techniques for effectively negotiation employment disputes in the context of negotiation theory and mediation advocacy. For more information contact Alvin Mallette at (929) 506-5331 or alvin.mallette@eeoc.gov.
2024 EXCEL TRAINING CONFERENCE
Join us in New Orleans, LA for EEOC's 2024 EXCEL (Examining Conflicts in Employment Law) Training Conference. The EXCEL Training Conference is the premier EEO training conference for EEO, HR, and legal professionals from private, state, and local government, and Federal organizations. Featuring keynote speakers, over 70 workshops, plenary sessions and more. Get more information here.
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