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October 31, 2024
The U.S. Equal Employment Opportunity Commission (EEOC) recently reported that it settled a pattern-or-practice sex discrimination lawsuit against providers of solid waste removal, recycling pickup, and landfill operation services (collectively referred to as Waste Industries).
In its lawsuit, the EEOC alleged that, since 2016, Waste Industries denied truck driver positions to qualified female applicants at multiple company locations throughout Georgia. During the application and interview process, Waste Industries allegedly made sexist comments and asked sexist questions, such as describing the position as a “man fill,” asking “Why would you want to do a man’s job?” and stating that giving the position to a woman “was taking a job away from a man.”
With respect to one female applicant, Waste Industries’ Operations Manager allegedly told her that he could not locate her online application. He gave the applicant a paper application, as well as his telephone and fax numbers. The applicant was unable to transmit the application to the provided fax number and her telephone calls to the Operations Manager went unanswered. The applicant was unable to complete new applications online because Waste Industries’ system indicated that she already had an application on file. Waste Industries allegedly then hired a less qualified male applicant for the position for which the female applicant applied.
The EEOC’s complaint further alleged that Waste Industries’ conduct toward that one female applicant was consistent with its conduct toward all female applicants. Specifically, the EEOC alleged that, during its interviews of female applicants, Waste Industries asked if they could lift the trash bins and handle strong odors and getting dirty because they seemed “prissy, like girly girls.” Other women were told that their appearance would distract men from doing their jobs. One applicant allegedly was called the “girl with the big booty.” Waste Industries allegedly hired less qualified male applicants for the positions that the female applicants sought.
This alleged conduct, if proven, violates Title VII of the Civil Rights Act of 1964.
Waste Industries will pay $3.1 million, which will be distributed to a class of women who applied for and were unlawfully denied truck driver positions. In addition, Waste Industries agreed to develop hiring, recruitment, and outreach plans to increase the pool of qualified female 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.
The case is EEOC v. Waste Industries U.S.A., LLC, Transwaste Services, LLC, Waste Industries Atlanta, LLC, and GFL Environmental, Inc., No. 1:23-CV-04293 JPB JEM (N.D.Ga.).
Special thanks to our paralegal, Nicole Kime, for her contributions to this article.
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
