In what the EEOC has called “one of its finest moments” in its effort to “combat employment discrimination,” a jury awarded $240 million to 32 individuals in an ADA case brought by the EEOC. It was the EEOC’s largest jury verdict ever. The award for compensatory and punitive damages amounted to $7.5 million per individual. Because of the caps on emotional distress and punitive damages, the award has been reduced to $1.6 million, which is $50,000 for each individual.

The circumstances leading to the verdict are quite unique. The EEOC represented 32 intellectually disabled workers who were paid just $65.00 a month to eviscerate turkeys on a full-time basis at Hill Country Farms. The workers lived in company-provided bunkhouses, which had been shut down by the state due to substandard construction, hazards and other unsafe living conditions, such as a leaky roof and insect infestation. The disabled workers alleged that non-disabled supervisors abused them verbally and physically. The EEOC’s ADA claims included disparate treatment and harassment based on the employees’ disabilities.

While the facility had already been shut down, and it is unlikely that there are many other employers who provide similar working conditions, the case gives the EEOC a burst of adrenaline. At a time when private class actions face a number of legal hurdles due to recent Supreme Court decisions, this victory bolsters the EEOC’s strategy to focus on systemic discrimination, even in harassment cases. The EEOC does not need to satisfy the same Rule 23 requirements that have hampered private plaintiffs attempting to bring class claims.

The case also rewards the EEOC for its reluctance to negotiate less than full economic relief during the conciliation process. The $240 million verdict was for compensatory and punitive damages. Backpay for the individuals was already awarded in the EEOC’s favor at the summary judgment stage.

 

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Photo of Patricia Anderson Pryor Patricia Anderson Pryor

Patricia Anderson Pryor is the office managing principal of the Cincinnati and Dayton, Ohio offices, as well as the Louisville, Kentucky, office of Jackson Lewis P.C. Patty remains purposefully poised on the precipice of the changing legal landscape, advising clients on everything from…

Patricia Anderson Pryor is the office managing principal of the Cincinnati and Dayton, Ohio offices, as well as the Louisville, Kentucky, office of Jackson Lewis P.C. Patty remains purposefully poised on the precipice of the changing legal landscape, advising clients on everything from vaccine mandates to the Dobbs response, to ESG and the attacks on DEI, to the impact of Loper Bright. The combination of Patty’s ability and tenacity to understand and apply workplace law to nuanced legal questions and specific situations results in clients perpetually asking this initial question, “What does Patty think?”

Patty is the National Head of the firm’s Emerging and Cross-Disciplinary Issues. She has over 25 years of experience representing and defending employers in nearly every form of employment litigation, including class actions. She represents and advises employers in federal and state administrative proceedings, in all forms of dispute resolution, including mediation and arbitration, and in managing all aspects of the employment relationship. She has represented employers before the EEOC, the DOL, the DOJ, OSHA, the OFCCP, and the NLRB, in addition to various state agencies.

Focusing on the best possible outcome for the client Patty takes a 360-degree view, working with employers to avoid litigation by developing effective policies and practices, including harassment policies, FMLA practices, attendance programs, affirmative action programs and wellness plans. She conducts proactive wage and hour audits, harassment investigations and compensation/pay equity reviews.

Patty is a core team member of the firm’s Disability, Leave & Health Management practice group and a leader of the Religious Accommodation Team. She provides practical advice to help companies respond to remote work challenges, paid and unpaid leave situations and the most challenging accommodation requests, all of which have been exacerbated by the pandemic, hybrid work and changes in the law.