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May 28, 2024
You’d think that some things would go without saying, right? Well…
The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it settled a lawsuit in which it alleged that TCI of Alabama, LLC, a recycling, removal, disposal, and repair company, terminated an employee of 28 years in retaliation for his participation in an internal investigation about an EEOC Charge of Discrimination that alleged that TCI’s hiring practices discriminated against females.
In its Complaint, the EEOC alleged that, in connection with a Charge of Discrimination filed by a female applicant, TCI interviewed a member of management about the company’s hiring practices. The manager told TCI’s investigator that the company had a practice – dating back to when TCI first opened in 2007 – of not hiring female laborers and of instructing its temporary employment agencies not to refer female applicants to TCI, and that, in the early 2000’s, TCI converted its female laborer restrooms and locker rooms to male-only facilities. The EEOC alleged that TCI’s president then repeatedly pressured the manager to “change his story” and terminated his employment when the manager refused to do so.
TCI and the EEOC entered into a three-year consent decree to resolve the lawsuit. As part of the settlement, TCI will pay $90,000 to the manager; adopt and distribute an anti-retaliation policy to its employees and all of the staffing agencies that it utilizes; post a notice to employees about the settlement; and provide annual, mandatory training to owners, managers, and employees on the protections of Title VII of the Civil Rights Act (which addresses employment discrimination and retaliation) for employees and applicants.
The case is EEOC v. TCI of Alabama, LLC, Case No. 4:23-cv-1200-CLM (N.D. Ala.).
Employers: Don’t discriminate on the basis of gender. And don’t take adverse employment action against an employee who engages in protected activity, like participating in an internal investigation about a complaint, opposing a policy or practice that the employee reasonably believes is unlawful, or refusing to lie about the company’s practices. That’s unlawful retaliation.
The author of this article, Patricia Tsipras, is a member of the Bar of Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in Pennsylvania, Alabama, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
