#eeoc

Scharf's mandatory RTO against the disabled has created a MASSIVE unforced liability for the company.

EEOC is prosecuting companies that issue these blanket mandates.

https://www.eeoc.gov/newsroom/fedex-pay-280000-eeoc-disability-discrimination-lawsuit

In the lawsuit, the EEOC charged that in February 2023, FedEx failed to accommodate several dispatchers’ requests to continue working from home and demanded the dispatchers’ return to its downtown Manhattan office, effectively forcing at least one into retirement. The employee, and other disabled dispatchers, previously performed dispatcher duties remotely and successfully for nearly three years. According to the suit, FedEx denied continued telework based on an alleged operational need to have all its dispatchers work in the office and failed to engage with its disabled dispatchers to find alternative accommodations.

“This case serves as a reminder that employers should not take a blanket approach to telework accommodations and should take care to engage in individualized assessments,” said Kimberly A. Cruz, regional attorney for the EEOC’s New York District Office. “Changing the location where work is performed may fall under the ADA’s reasonable accommodation requirements, even if the employer does not allow other employees to telework.”

Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits an employer from failing to reasonably accommodate an employee’s qualifying disability, absent undue hardship. The EEOC filed suit in U.S. District Court for the Southern District of New York (EEOC v. Federal Express Corporation d/b/a FedEx Express, Civil Action No. 1:25-cv-00454) after first attempting to reach a pre-litigation settlement through its conciliation process.

Arlean Nieto, acting director of the EEOC’s New York District Office, said, “The EEOC is committed to enforcing the ADA and holding employers accountable for denying reasonable accommodations to employees with disabilities.”

Once you hit a certain age, they start looking for reasons to push you out. I've seen it happen to three people in my team. They treat older workers like garbage.

https://www.eeoc.gov/how-file-charge-employment-discrimination

A federal court approved a $1.25 million settlement. The U.S. Equal Employment Opportunity Commission was a party. R&R Janitorial Painting and Building Services, Inc. was the defendant. This agreement resolves a five-year-old bias lawsuit. The suit alleged discrimination in connection with layoffs.

Washington, D.C.

https://www.law360.com/articles/2468827/eeoc-janitorial-co-get-ok-for-1-2m-deal-in-layoff-bias-suit

If you were laid off file a complaint with the EEOC. Let them investigate.

I hear this company is constantly settling lawsuits with the EEOC and DOL through their poor management and businesses practices. The Spielberger Law Group is handling so many cases they may just start a class action. If you’re being discriminated against for Age (if you’re over 40) or being retaliated against after FMLA leave don’t wait to go to HR and start documenting the process. Then go to EEOC and DOL websites and start the claims. Then contact an attorney who specializes in employment law.

Legislators have apparently taken note as return to office (RTO) mandates continue to roil workforces at financial and technology firms. A bipartisan effort has led to the establishment of a toll-free hotline (1-888-299-3022, M-F 9 AM-4:30 PM EST). Operators are standing by to record and advise on RTO-related complaints, particularly as applies to difficulties involving childcare, commutes, and health issues. There’s no guarantee that action will be taken, although there reportedly may be in egregious cases and every data point is important in painting a picture of the problem.

Did you know you can sue Wellsfargo even after signing the severance package? You can still sue them even after few years later. You can report misconduct to EEOC anytime you want. Document everything and protect your rights.

Sue Wellsfargo, Unionize! Report to EEOC! Report H1B frauds to Uncle Sam!

Has anyone had any luck filing with the EEOC? Please share your story.

https://www.foxnews.com/media/investigation-nikes-dei-practices-could-have-major-nationwide-impact-hiring-says-alan-dershowitz

https://media.about.nike.com/files/dfc58f03-c8b4-4fe8-ae74-0cd6e5cad60b/FY24-Representation-by-the-Numbers.pdf

If the EEOC’s investigation leads to evidence of discrimination what will be the relief? Does Nike People Solutions get an overhaul, DEI Vice President cut, abolish the illegal quotas, etc.? There seems to be a lot of predictions about GT layoffs but based on earnings may be a lot more restructuring timed with this DEI complaint…

https://www.cbsnews.com/news/nike-eeoc-investigation-white-employees-discrimination/

Thoughts?

https://www.nytimes.com/2026/02/04/business/eeoc-nike-white-employee-discrimination.html

All I have heard regarding those packages were people had a 24 hour response time or it was being withdrawn. Is that true? There are also 21 - 45 day acceptance of severance packages in the US depending on your status. Are those being violated?

This company has outsourced so many jobs to India. Are they really true employees or are they Indian owned and operated with agreements to label them as employees? Is that why it takes them weeks and months to fully terminate them or the 5 managers? The US employee numbers and the high number of Indian employees are a nudge to contact whistleblower portals in the federal government to offshore employees and save money.

For the people over 40, these RIF's are considered group layoffs. It does not matter if you were terminated in groups from the same team. We you given a list of all terminated employees, their ages, title, and any other?

Has anybody contacted DOL or any other wage and labor law representatives regarding the terminations, older people, people with disabilities, offshoring to India, and anyone else?

I would have assumed there would have been audits by now as FIS is breaking up the terminations to bypass federal and public reporting by now but have not heard of any.

Sue them, report to EEOC, get more severance pay, it’s your rights!

If you have been RIFs or fired, you can file a complaint with the EEOC. Based on what I have seen and experienced at this company regarding targeting age, race and s-x with RIFs, you may have a good case. https://www.eeoc.gov/filing-charge-discrimination

https://apnews.com/article/dei-white-men-discrimination-andrea-lucas-eeoc-2996e71763dd0fe4b7f377eb49036fbe?utm_source=copy&utm_medium=share

Go to EEOC.gov and file complaint.

11/19/2025 EEOC Releases New and Updated Educational Materials on National Origin Discrimination

https://www.eeoc.gov/newsroom/eeoc-releases-new-and-updated-educational-materials-national-origin-discrimination

'Project Firewall' is an enforcement initiative launched in Sept 2025, led by the DOL in partnership with the EEOC, DOJ, and USCIS. Its primary objective is to protect the rights, wages, and job opportunities of American workers by ensuring they are prioritized for highly skilled roles and by holding employers accountable for H-1B visa program abuses.

Within this project, the EEOC’s specific role is to rigorously enforce Title VII of the Civil Rights Act against "anti-American" national origin discrimination. The agency investigates and litigates cases where employers illegally favor foreign visa holders over qualified U.S. citizens, rejecting common business excuses—such as lower labor costs or stereotypes about work ethic—as valid defenses for discriminatory hiring or termination practices.

Federal agencies look for the following red flags that may trigger a formal investigation:

1. Recruitment & Advertising Red Flags
   • Restrictive Job Language: Postings that use phrases like "H-1B preferred," "H-1B only," or "Ideal for OPT/CPT students."
   • Burdensome Application Steps: Requiring U.S. applicants to undergo more rigorous testing, longer interview processes, or more documentation than H-1B candidates (often seen during the PERM labor certification process).
   • Third-Party Vendor Practices: The EEOC warns that using staffing agencies or vendors that exclusively supply foreign visa holders is a red flag for the hiring company.

2. Retention & Termination Red Flags
   • Unequal "Bench" Treatment: Terminating American workers who are between projects (on the bench) while retaining visa holders in the same status.
   • Sudden U.S. Staff Layoffs: A spike in U.S. worker terminations followed immediately by petitions for new H-1B visas in similar roles.
   • The 90-Day Rule: Displacing a U.S. worker within 90 days (before or after) of filing an H-1B petition for a similar position.

3. Operational & Compensation Red Flags
   • Wage Disparities: Paying visa guest workers significantly less than similarly situated American workers, which the EEOC views as evidence of a preference for "lower labor costs" over merit.
   • Worksite Inconsistencies: Moving H-1B workers to unlisted client sites or roles not described in their Labor Condition Application (LCA).
   • Stereotype-Based Rationales: Internal communications or manager statements suggesting that foreign workers have a "better work ethic" or are "more productive" than Americans.

4. Systemic Indicators
   • Data Anomalies: Significant statistical differences between the percentage of qualified U.S. applicants in the local labor market and the percentage actually hired by the company.
   • Whistleblower Reports: Increased weight is given to reports from current employees regarding "unwelcome remarks" or conduct that suggests a hostile environment for U.S. citizens.

References:
• EEOC Technical Assistance Document: "Discrimination Against American Workers Is Against the Law" (November 19, 2025).
• Department of Labor (DOL) News Release: "US Department of Labor launches Project Firewall to protect America's highly skilled workforce" (September 19, 2025).
• Joint Agency Press Release: "DOL–EEOC Partnership Expands Coordinated Enforcement on National Origin Discrimination Under 'Project Firewall'" (November 24, 2025).

OWBPA requirements (EEOC):
https://www.eeoc.gov/laws/guidance/age-discrimination-older-workers-benefit-protection-act

OWBPA explanation (U.S. Department of Labor):
https://www.dol.gov/agencies/oasam/centers-offices/human-resources-center/owbpa-guide

I don't remember getting any of this sort of information when I was laid off a few years ago. Anyone else?

The WARN act requires companies with over 100 full-time employees to give workers 60 days notice of layoffs. Is anyone filing an EEOC claim?

Decades ago HR liaisons were very accessible. These days, HR always directs us back to our business lines. I’ve discovered that our business lines can be secretive and coy when inquiring about company policies. Never in my lifetime, here at this company, did I ever think I would be having to deal with lawyers and the EEOC just to determine my status with the company, policies, and procedures.
I highly suggest everyone on this message board simply go and send your inquiries to the EEOC and talk to lawyers about how to navigate these uncertainties in the company.
There are people who specialize in assisting employees of this company navigate their employment rights.
I’ve always wanted to be an exceptional employee. I just don’t have the time or the patience to navigate company policies and do my job at the same time.
I wish you all the best. I’m trying to determine the best route to take. Hoping I can sign my severance paperwork, soon. Though, somewhere in the back of my mind, I think I’ll be terminated with cause. No way in h*ll am I going to resign and have to give 60 days notice.
I’ll just keep collecting paychecks until they literally show me the door.
Good luck, all.

I was rif last year - no complaints about my package - about the only thing that went smooth (I talked to an hr contact based in the U.S. - they exist!)

Contacted out of the blue by a legal group regarding discrimination in i.t., but no clue how they got my information. Has anybody else been contacted?

The Age Discrimination in Employment Act (ADEA) is a U.S. federal law that protects individuals who are 40 years of age or older from age-based discrimination in the workplace, covering aspects like hiring, firing, pay, promotions, and other terms of employment. Enforced by the Equal Employment Opportunity Commission (EEOC), the ADEA applies to employers with 20 or more employees, labor organizations, and employment agencies.

New EEOC priorities
Is AT&T running afoul of new EEOC priorities?
https://www.shrm.org/topics-tools/news/talent-acquisition/eeoc-anti-american-discrimination-immigrant-workers

Quote from the article linked above: “The EEOC is putting employers and other covered entities on notice: If you are part of the pipeline contributing to our immigration crisis or abusing our legal immigration system via illegal preferences against American workers, you must stop,” said EEOC Acting Chair Andrea Lucas. “The EEOC is here to protect all workers from unlawful national origin discrimination, including American workers.”

Something to consider -

What this company is doing raises some serious red flags under employment law. When an employer sets rules that only apply to certain groups of employees—for example, requiring people who live within 30 miles of the office to come in while allowing those further away to remain remote—that can amount to disparate treatment or disparate impact discrimination.

Under federal law (Title VII, ADA, ADEA, etc.), employers can’t impose policies that unequally burden one group of employees over another unless they can prove it’s based on a legitimate business necessity and that there’s no less discriminatory alternative. By creating two classes of employees—one penalized for their proximity to the office and another exempt based purely on where they live—the company may be exposing itself to claims of unlawful, unequal treatment.

I’m seriously considering filing an EEOC complaint.

Has anyone filed an EEOC complaint and won? What was your experience like?

All bah who feel they are being discriminated against for any reason whether it be wfh status, recognition, merit, promotion etc all because of that forced status need to turn this place in to your states EEOC equal opportunity employment commission

Anyone have experience going this route? I know the trainings say there is a zero tolerance for retaliation, but that just means feedback. I’m just trying to understand the additional trauma this would cause me, before filing

They’re trying to break us so we leave and they dont have to pay severance. We have all experienced it or witnessed the behaviors. , U.S staff treated like 2nd class citizens, wrongful terminations, intentional forced ratings etc. The list goes on and on. Its not going to stop until we all come together and try to do something. We need to report them
to your states EEOC . Get An investigation going.

https://www.eeoc.gov/what-do-if-you-experience-discrimination-related-dei-work

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on protected characteristics such as race and s-x. Different treatment based on race, s-x, or another protected characteristic can be unlawful discrimination, no matter which employees are harmed. Title VII’s protections apply equally to all racial, ethnic, and national origin groups, as well as both s-xes.
Before you can sue in federal court, you first must file a charge of discrimination with the EEOC. The U.S. Equal Employment Opportunity Commission (EEOC) investigates charges of discrimination and can file a lawsuit under Title VII against businesses and other private sector employers. The Department of Justice can file a lawsuit under Title VII against state and local government employers based on an EEOC charge, following an EEOC investigation.

A statistical overrepresentation of one hired or promoted group IS enough grounds to file a title VII case for discrimination and force HR groups into revealing internal communications and policies regarding hiring and promoting practices.

We all know this occurs industry wide, and across most industries… Might be worth filing these cases when we have a DOJ that is anti DEI?

Just an FYI, here is what EEOC lists for Age Discrimination

The following practices constitute age discrimination

1. Requiring workers to retire once they reach a certain age

2. Treating older workers worse than younger workers, by, for example, targeting them for layoff or discipline

3. Giving younger workers higher pay or more favorable work assignments

4. Making decisions, based on stereotypes about older people (for example, refusing to include older workers in training program because of a belief they are unwilling or unable to learn new things)

If any of these things have happened to you, you may file a charge of discrimination with the Federal Equal Employment Opportunity Commission (EEOC).

You may also file a lawsuit for age discrimination. However, the employee must first file a charge discrimination with the EEOC to get a “right to sue” letter.

For more info about how to file an age discrimination charge with the EEOC, go to

https://www.eeoc.gov/

Employees & Applicants

How to File a Charge

#AgeDiscrimination #Gold #EEOC

So my co worker who worked for the IT department of Albertsons was laid off after working there for over 20 years! They decided to replace their loyal employees for cheaper labor located in the Philipines...smh... meanwhile our computer systems are always down and slow when they work. When you call the Help Desk in the Philippines they don't know anything!

The accounting department is under staffed and the company is in a "freeze" for hiring. But ironically the company decided to hire a full time security guard to stand in front of the doors when we come through the front doors? Hmm.....there's also a rumor that another layoff is coming to the Deer Valley 2 building. Perhaps that's why they hired the new Caucasian security guard... this company is a joke!

I guess they are trying to make up for the lawsuit that was released on May 3, 2018! The EEOC is sueing the hell out of us because of an Albertsons store discriminating Hispanics!