“Katie” faced both gender discrimination and retaliation for filing an Equal Employment Opportunity Commission complaint.
Katie worked for a moving company and was injured on the job. Because of the injury, she took worker’s compensation leave for two months. When she attempted to return to the company, they required her to perform the same physical capacity test that she did when she first started working. She failed, but the company told her they could give her her job back if she worked at another company for a while and then reapplied. She applied for a position with another company, and when she asked about their physical capacity test, they said they don’t use the test because it’s discriminatory against women. As a result, Katie filed an EEOC complaint against the original company.
When Katie tried to request her original position back a few months later as the company had promised she could, they denied her application. However, when she removed identifying information from her request and asked again, the company indicated they liked her background and experience. When she submitted all of her application information, however, the company refused to offer a position because of her pending EEOC complaint. This was retaliation for her filing the complaint, even though she was legally allowed to do so.
We represented Katie in suing for gender discrimination on the physical capacity testing and the company’s retaliation in refusing to rehire Katie after she filed an EEOC complaint. Though the company initially refused to acknowledge their discrimination, they decided to settle after we deposed some of their critical defense staff. The settlement amount was $165,000.
We were honored to represent Katie and advocate for non-discriminatory policies on her behalf.
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