EEOC Sues Temp Agency Under Title VII, ADA

A temporary staffing will have to answer in court allegations from the Equal Employment Opportunity Commission that it subjected Latino workers to unequal working conditions and failed to provide accommodations to those with disabilities.

According to the EEOC, Labor Solutions of Alabama, LLC, formerly known as East Coast Labor Solutions, LLC, recruited Hispanic workers to work at a Pilgrim’s Pride poultry processing facility in Guntersville, Ala. After hire, the company subjected the Latino workers to less favorable terms and conditions of employment than non-Hispanic workers, said the federal agency. For example, Latino workers were segregated in less desirable, more hazardous positions, paid less, and provided fewer hours than their non-Hispanic counterparts. In addition, East Coast Labor Solutions deducted exorbitant relocation, housing and transportation fees from the workers’ pay. EEOC further claims East Coast Labor Solutions did nothing to address complaints made by the Latino workers about ongoing harassment that included ethnic slurs, threats and verbal abuse.

The Title VII violation in this case is the employer treating employees differently based on their national origin and requires that the employer provide a work environment free from harassment. While the ADA violation is failing to provide reasonable accommodations to persons with disabilities, absent undue hardship, and discriminating against qualified individuals with disabilities.

Read more about the lawsuit here.

For a refresher, here’s EEOC’s guidance on the ADA’s application to contingent workers placed by temporary agencies and other staffing firms.

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