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On October 21, the Equal Employment Opportunity Commission (EEOC) announced that an Atlanta, Georgia-based company will pay $3.1 million to settle a sex discrimination lawsuit. The company is a leading provider of solid waste removal, recycling pickup, and landfill operation services. Notably, the settlement amount and additional injunctive relief settle a pattern-or-practice sex discrimination lawsuit. Employers must not discriminate against federally protected classes, which include race, sex, age, disability, and pregnancy status. Comparatively, the EEOC has ramped up its enforcement efforts in recent years. In August 2024, the agency announced that a staffing support firm will pay $1.25 million to settle a disability-related discrimination case.
Background of the Sex Discrimination Lawsuit
According to the lawsuit, the EEOC charged that, since 2016, the company denied qualified female applicants truck driver positions. Explicitly, such actions occurred at multiple company locations throughout Georgia. Markedly, the former employees were subjected to:
- derogatory comments about their feminine appearance, and
- asked sexist questions about their ability to do the job.
Despite being fully qualified for the positions, female applicants were denied the positions in favor of less qualified male applicants. Consequently, such alleged conduct violated Title VII of the Civil Rights Act of 1964.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. The law makes it clear that it is unlawful for an employer to:
- fail or refuse to hire an applicant,
- discharge any employee, or
- otherwise discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment because of the individual’s race, color, religion, sex, or national origin.
In addition, the law requires employers to reasonably try to prevent and correct the behavior. Finally, Title VII protects employees who object to discrimination from retaliation or any adverse employment action against an employee exercising their rights.
Penalties in the Sex Discrimination Lawsuit
Markedly, the company will pay $3.1 million to a class of women to resolve the allegations. This class includes individuals who applied for and were unlawfully denied truck driver positions based on their sex. Additionally, the employer must:
- develop hiring, recruitment, and outreach plans to increase the pool of qualified female driver applicants;
- train employees on Title VII’s prohibition against gender discrimination in hiring;
- maintain certain anti-discrimination policies;
- post an employee notice; and
- allow the EEOC to monitor complaints of sex discrimination.
Employer Takeaways
In conclusion, according to the EEOC, the agency received 81,055 discrimination charges in Fiscal Year 2023. Of those total charges, nearly 32% involved sex discrimination. State, federal, and local laws prohibit harassment and discrimination of employees, job applicants, and visitors based on sex, gender, age, race, religion, national origin, pregnancy, or disability. Various court decisions and agency guidance have clarified that employers must take reasonable steps to prevent harassment and discrimination from occurring. Failure to take reasonable prevention measures can result in a finding of employer liability during a harassment or discrimination lawsuit.
To assist employers in training workers on forms of harassment and discrimination that could occur in the workplace, WorkWise Compliance (formerly Personnel Concepts) created the Harassment & Discrimination Prevention Training eLearning Module for Employees. In addition to explaining harassment and discrimination, the training module describes preventing such actions and addresses ways to report complaints. For employers in California and New York, the following harassment and discrimination prevention trainings need to be utilized where appropriate:
