At our firm, we understand that anti-discrimination laws are more than just words on a page—they are the foundation of a fair and equitable workplace. The U.S. Equal Employment Opportunity Commission (“EEOC”) is the federal agency responsible for enforcing these laws, and its cases offer a powerful, real-world glimpse into how discrimination can manifest in the workplace.
The EEOC’s mission is to protect employees from discrimination based on race, color, religion, sex (including pregnancy and sexual orientation), national origin, age, disability, and genetic information. When they investigate a claim and find reasonable cause to believe a violation has occurred, they first attempt to settle with the employer. If that fails, they may file a lawsuit. By examining these cases, we can all better understand what constitutes illegal conduct and how to prevent it.
What Counts as “Protected Activity”?
This is a critical concept that employees and employers must understand. “Protected activity” is not limited to a formal EEOC charge. It can also include:
- Opposing Discrimination: This can be as simple as telling a supervisor you believe their comment is discriminatory, or advising a colleague to report harassment. It can also include refusing to follow an order you reasonably believe to be discriminatory, such as being told to only hire people of a certain age.
- Participating in an Investigation: This includes being a witness in an internal company investigation or an official EEOC investigation, testifying in a lawsuit, or providing information to an EEO counselor.
- Requesting Accommodation: Asking for a reasonable accommodation for a disability or a religious practice is a protected activity. For example, if an employee requests a new chair due to a back condition, they cannot be punished for making that request.
- Discussing Pay: In some cases, discussing salary information with colleagues to uncover potential wage discrimination is a protected activity.
What do these laws look like in action? The best way to understand is to examine the cases that the EEOC actively pursues. Below are highlights from a variety of lawsuits and settlements, showcasing the diverse forms of alleged discrimination that can occur. These examples, as presented by the EEOC, serve as a critical guide for what to watch out for and why compliance is so essential.
Age and Disability Discrimination
The EEOC enforces federal laws that prohibit discrimination in all phases of employment. Both the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) protect job applicants and employees from discrimination based on age (40+) and disability. This protection extends to the entire hiring process, from job postings to interviews and medical exams.
- Case Example: In one case, the EEOC filed a lawsuit against a well-drilling company that allegedly used information from job applications to screen out older applicants and those with a history of workers’ compensation claims. The company also reportedly rescinded a job offer to another applicant after forcing them to undergo an unlawful post-offer medical exam. The EEOC’s action aimed to secure back pay and damages for the applicants who were unfairly denied jobs and to force the company to revise its hiring practices to comply with federal law. This case serves as a powerful reminder that employers should base their hiring decisions on qualifications, not on an applicant’s age or a perceived disability. Employers cannot use age, disability status, or a history of workers’ comp claims as a basis for hiring decisions.
Disability Discrimination
The Americans with Disabilities Act (ADA) requires employers to treat employees with disabilities the same as those without disabilities. The EEOC recently filed a lawsuit against a national package delivery company for failing to do just that.
- Case Example: The EEOC filed a lawsuit against a national package delivery company for discriminating against employees with disabilities. The case involves a truck driver who was reassigned to a non-driving role after a minor stroke. He was treated less favorably than drivers who lost their driving privileges for non-medical reasons. A key part of the EEOC’s complaint is that a union agreement formalized this discriminatory policy, paying reassigned drivers with disabilities 10% less. This case shows the EEOC’s commitment to challenging company policies, but also union contracts that illegally discriminate against employees with disabilities.
Pregnancy Discrimination
The Pregnancy Discrimination Act (PDA) and the newer Pregnant Workers Fairness Act (PWFA) ensure that pregnant employees are treated fairly and receive reasonable accommodations.
- Case Example: A residential care provider allegedly violated federal law by firing an employee after she requested a medical accommodation for her pregnancy. The EEOC’s charges claim the company had a policy of offering light-duty work to non-pregnant employees who were injured on the job. Yet, when this pregnant employee needed the same type of accommodation, she was fired instead. The EEOC’s lawsuit highlights that an employer cannot provide workplace benefits to some employees while denying those same opportunities to many of its pregnant workers. This is a classic example of disparate treatment, where an employer uses a seemingly neutral policy to discriminate against a protected group. The EEOC’s action sought not only to provide relief to the employee but also to force the employer to change its discriminatory practices.
Racial and National Origin Harassment
The EEOC actively pursues cases where employees are subjected to a hostile work environment based on their race or national origin. This often involves offensive comments, racial slurs, or unequal treatment that creates a workplace that is intimidating, hostile, or abusive.
- Case Example: According to the EEOC, two African-American employees in the university’s financial aid department received harsher discipline than their white colleagues for similar infractions. The employees’ situation escalated when they were fired shortly after taking their discrimination concerns to HR. The EEOC alleges that the workers were also routinely subjected to horrific racial and national origin slurs. The EEOC argues that the university not only discriminated based on race but also unlawfully retaliated against the employees for engaging in the protected activity of reporting the discrimination. This case highlights a powerful lesson for all employers: creating an environment where employees feel safe to report concerns is not just good practice—it is a legal requirement.
Retaliation
One of the most frequent claims handled by the EEOC is retaliation. Retaliation is a severe form of discrimination, and it happens when an employer punishes an employee for engaging in a “protected activity.” This includes a broad range of actions, from making a formal complaint to simply participating in an investigation. Federal law prohibits employers from punishing employees for opposing discrimination, filing a charge, or participating in an investigation.
- Case Example: In one case, a long-serving administrative assistant was fired hours after her employer’s owner attended a conference related to an EEOC investigation in which she had participated. The assistant served as a witness in that investigation two months prior. The EEOC filed a lawsuit, arguing that the termination was a clear act of retaliation for her protected activity. The lawsuit, which sought back pay and damages for the employee, highlights that an employer cannot take adverse action—such as firing—because an employee participates in a protected activity. As we often explain to our clients, retaliation is a distinct and serious violation of federal law. This case serves as a reminder that even if an underlying discrimination claim is not proven, retaliatory action is a separate and serious violation of the law.
Sexual and Racial Harassment
Discrimination and harassment are not isolated incidents but systemic issues that impact multiple employees. When harassment is widespread and unchecked, it can lead to severe legal and financial consequences. The EEOC recently announced a multi-million dollar settlement with a major auto manufacturer following an investigation that found “reasonable cause” to believe a class of employees had been subjected to sexual and racial harassment.
- Case Example: According to the EEOC, a major auto manufacturer recently agreed to a multi-million dollar settlement following an EEOC investigation. The EEOC alleged that employees at two of the manufacturer’s facilities were subjected to a hostile work environment, including sexual and racial harassment. The investigation also found that the company unlawfully retaliated against those who complained. To avoid a lengthy legal battle, the manufacturer entered a conciliation agreement, providing up to $10.125 million to eligible employees. This significant settlement serves as a powerful reminder of the financial and legal risks of failing to address widespread harassment and retaliation in the workplace.
What These Cases Mean for You
These cases are a glimpse into the issues the EEOC handles every day. While most employers strive to do the right thing, these examples serve as a critical reminder of where problems can arise. We urge employers to proactively review their own policies and correct any questionable practices. Taking action in-house is always easier and less costly than waiting for an EEOC investigation.
- For Employees: If you believe you have experienced discrimination, harassment, or retaliation, documenting incidents and seeking legal advice is your first and most important step. Do not allow fear to prevent you from asserting your rights.
- For Employers: A proactive approach to compliance is not only ethical but also the most effective way to avoid costly lawsuits and reputational damage. We can help you conduct comprehensive audits of your policies and provide training to ensure your practices are fair, legal, and aligned with a culture of respect.
Whether you are an employee seeking justice or an employer striving for compliance, our firm is here to help you navigate the complexities of employment law.
