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Milestones: 2010

  • All EEOC employees at HQ and in the field are given a portable laptop to use in the office while teleworking and when traveling.

Notable Supreme Court Decisions

  • Only one decision relevant to the EEOC came down this term. The Court held in Lewis v. City of Chicago that an employee who does not challenge the adoption of an allegedly discriminatory practice may assert a disparate impact claim in a timely charge challenging the employer's later application of that practice. 

Notable EEOC Resolutions

  • The Commission settled EEOC v. Roadway Express and YRC, Inc. (N.D. Ill. Dec. 21, 2010) for $10 million for African American employees subjected to a racially hostile working environment and racial discrimination in terms and conditions of employment.
  • EEOC v. Scrub, Inc. (N.D. Ill. Nov. 9, 2010) settled for $3 million for African-American applicants who were denied hire because of their race.  The EEOC alleged that the company failed to recruit and hire black applicants for entry-level janitorial positions when it relied on a subjective decision-making process without clear objective criteria for hiring employees.
  • EEOC v. Wal-Mart Stores, Inc. (E. D. Ky. Mar. 1, 2010) was resolved for $11.7 million for female applicants who were denied jobs into entry-level warehouse positions because of their sex.  The EEOC alleged that the company excluded female appli­cants who were equally or better qualified than male applicants because of gender stereotypes that positions which involved loading and delivery duties, were not suitable for women.
  • The Commission resolved EEOC v. ABM Industries, Inc. and ABM Janitorial Services, Inc., et al. (E.D. Cal. Sept. 27, 2010) for $5.8 million for a class of 21 Hispanic female janitorial workers who were subjected to sexual harass­ment.  The abuse included unwelcome touching, explicit sexual comments and requests for sex by 14 male co-workers and supervisors, one of whom was a registered sex offender.  Some of the harassers allegedly often exposed themselves, groped female employees' private parts from behind, and even raped at least one of the victims. 
  • EEOC v. Akal Sec. Inc. (D. Kan. Dec. 1, 2010) settled for $1.62 million for a class of 26 female employees discriminated against on the basis of their pregnancy.  The EEOC alleged that the company engaged in a pattern or practice of forcing its pregnant employees, who were working as contract security guards on U.S. Army bases, to take leave and discharging them because of pregnancy. 
  • In EEOC v. Republic Services, Inc., et al. (D. Neb. Sept. 29, 2010), the EEOC settled for almost $3 million for a class of older workers who were terminated and denied job transfer opportunities because of their age.  Those terminated included garbage collectors, drivers and supervisors, some of whom were employed by the company for more than 25 years.  

Notable EEOC Guidance

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