EEOC Proceedings

LGWM’s Employment Group regularly represents all types of employers in the various stages of proceedings before the Equal Employment Opportunity Commission (EEOC).  LGWM conducts investigations of Charges of Discrimination and provides clients with recommendations based on the results of those investigations. LGWM prepares formal position statements in response to Charges of Discrimination and assists clients in the EEOC’s mediation program, onsite investigations conducted by the EEOC, and the EEOC’s conciliation process when the EEOC issues for-cause determinations.  

Cases of Note

• LGWM represented a restaurant and bar with regard to Charges of Discrimination filed by seven employees who worked in both front of house and back of house positions and who asserted claims of race and sex discrimination against the General Manager. LGWM participated in an extensive multi-day investigation conducted by the EEOC. The EEOC confirmed it was unable to conclude there was any discrimination.
• LGWM represented a blood plasma center against which five employees filed Charges of Discrimination alleging various claims of race and sex discrimination associated with promotions, pay and discipline. LGWM assisted the center in preparing position statements to all Charges and in the onsite investigation conducted by the EEOC. After the EEOC issued a for-cause determination, LGWM successfully resolved each case during the conciliation process.
• LGWM represented a restaurant against a Charge of Discrimination filed against it by an employee who alleged sexual harassment and retaliation by coworkers and managers. The EEOC conducted an onsite investigation during which most of the restaurant’s employees were interviewed. LGWM assisted the restaurant with the extensive investigation, and the EEOC confirmed it was unable to conclude that the restaurant or its employees subjected the former employee to sexual harassment or retaliation.
• LGWM represented a municipal organization with regard to a Charge of Discrimination alleging race-based disparate treatment in the context of multiple disciplinary actions, including eventual termination. The EEOC dismissed the Charge in response to the Position Statement prepared by LGWM, finding it could not conclude there was any discrimination with regard to each of the numerous disciplinary actions alleged.
• LGWM represented a hospitality management company in connection with an allegation of age discrimination. LGWM undertook an extensive review of personnel data to corroborate the company’s non-discriminatory hiring and firing practices. LGWM achieved dismissal of the Charge by the EEOC, which was unable to conclude any age discrimination occurred.
• LGWM represented a hotel with regard to Charges of Discrimination filed by three employees who asserted various claims race-based discrimination, including disparate treatment, hostile work environment, constructive discharge and retaliation. LGWM participated in an extensive investigation conducted by the EEOC, which included a significant document production. The EEOC confirmed it was unable to conclude there was any discrimination.
• LGWM represented a restaurant with regard to a Charge of Discrimination filed by an employee who asserted sex and pregnancy discrimination claims. The EEOC confirmed it was unable to conclude there was any discrimination.
• LGWM represented a security company with regard to a Charge of Discrimination filed by an employee who asserted race discrimination claims based on the employer’s grooming policy. LGWM participated in an investigation conducted by the EEOC, which including responding to Requests for Information and Documents. The EEOC confirmed it was unable to conclude there was any discrimination.