to provide training programs on an annual basis for all supervisors and managers involved in the hiring process. Id. at 12-13. The consent decree, which will remain in effect for five years, also contains reporting requirements and record-keeping requirements. The consent decree also contains a monitoring requirement, which allows the EEOC to inspect the premises and records of the defendants, and conduct interviews with the defendants’ officers, agents, employees, and independent contractors to ensure compliance. E. Unique Rulings In EEOC Litigation Several EEOC cases this year resulted in unique outcomes based on the underlying lawsuit allegations. In particular, the EEOC succeeded in issuing an arrest warrant to an ex-executive who allegedly harassed employees of a mental health clinic and succeeded in enforcing a subpoena for information related to job applicants who alleged they experienced discrimination in hiring practices and pay disparities. In a highly unusual situation, the federal district court in Maryland issued an arrest warrant for an ex-executive of a company involved in an EEOC lawsuit in EEOC v. Above All Odds, LLC , Case No. 21-CV-2492 (D. Md. Aug. 15, 2023). The EEOC alleged that the ex-executive sexually harassed employees of a mental health clinic. The court issued the arrest warrant due to the ex-executive refusal to cooperate in the case and with discovery orders. The EEOC initiated the lawsuit on behalf of three former workers, Bricciana Strickland, Shana Hanson, and Saidah Feyijinmi, against Above All Odds, LLC and the company ’ s co-founder, Raymond Dorsey, alleging a pattern of sexual harassment of female employees. Strickland alleged Dorsey sent text messages asking for a date, and when she refused, Dorsey responded by stating he could fire her from her position. Id. at 5-6. Hanson claimed that Dorsey made repeated unwanted sexual advances including asking if he could rub her back, sending an email with pornographic content, and throwing condoms on her desk. Id. at 7. Feyijinmi asserted that she saw Dorsey throw condoms on Hanson ’ s desk. Id. at 8. Together, Hanson and Feyijinmi reported Dorsey ’ s sexual harassment to the company ’ s senior management. Id. at 7. Strickland continued to reject Dorsey ’ s advances and was demoted, and ultimately Dorsey ordered members of management staff to terminate her. Id. at 6. Hanson was terminated in response to reporting Dorsey ’ s conduct. Id. at 7. Feyjinmi was presented with a new contract of employment that lowered her salary and required her to work two positions, and after she requested time to review the contract before signing, the company terminated her before she had the opportunity to sign her contract. Id. at 8-9. Throughout the course of the lawsuit, Dorsey failed to respond to the EEOC ’ s complaint and ignored several show cause orders directing him to appear in court. Subsequently, the court found Dorsey in contempt of court in June 2023. Dorsey also ignored a subpoena to appear in the case brought by the EEOC. Thereafter, the court authorized the arrest of Raymond Dorsey and issued an arrest warrant on August 15, 2023. The EEOC filed a subpoena enforcement action in EEOC v. Ferrellgas, L.P., 2023 U.S. Dist. LEXIS 117964 (E.D. Mich. July 10, 2023), in connection with a charge of discrimination filed by April Wells that the defendant subjected her to race and sex discrimination in hiring and pay disparities, and ultimately terminated her employment.
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© Duane Morris LLP 2024
The EEOC Litigation Review – 2024
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