Nakeya Livermon worked as a welder for Skanska, where she participated in building infrastructure for the Portsmouth waterside. Livermon was the only female welder on site. She was known to be an excellent welder, in an industry that has few female welders at all.
As her foreman noted:
Skanska featured Livermon in its promotional materials, making her a spotlight during Women in Construction Week
Ameriserve International, Inc. (“Ameriserve”), an Iowa-based provider of residential services to those with intellectual disabilities, fired one of its employees because of her cancer diagnosis, in blatant violation of the Americans with Disabilities Act (“ADA”) and the Iowa Civil Rights Act of 1965 (“ICRA”), and its own stated mission, according to charges filed by Friedman & Houlding LLP with the EEOC and the Iowa Commission on Civil Rights to pursue these claims on behalf of the fired employee (“Charging Party”).
As alleged in her Charge of Discrimination, in November 2023, Charging Party was offered and accepted full-time employment as a Client Services Coordinator at Ameriserve, after interviewing with Ameriserve’s hiring manager Kyle Clemens. At the time Charging Party applied for a job with Ameriserve, she was employed at Catholic Charities, providing services to victims of sexual assault. She had sought employment at Ameriserve to further her career, given that the position at Ameriserve would be a supervisory role. A few weeks later, in December 2023, Charging Party accepted the position she was offered at Ameriserve and put in her resignation at Catholic Charities.
The next day, after a routine colonoscopy, Charging Party learned that she had colon cancer. After telling her supervisor, a Catholic Charities Director, the news of her diagnosis, the Catholic Charities Director stated that Charging Party could retract her resignation, take FMLA leave, and maintain her current health insurance, in case Charging Party’s prospective employer, Ameriserve, did anything to compromise her employment status there as a result of the diagnosis.
The EEOC requires that the employer file an Opposition Statement. Annandale did so. It included statements that are false. Knowingly submitting a false statement would be plainly intended to mislead a federal agency’s investigation.
In opposition to the Charge that the Design Manager engaged in physical and verbal sexual harassment of the Charging Parties, Annandale relies on the sworn Declaration of a current employee (“Declarant”), who, under oath, states, “I have never felt uncomfortable working with [Design Manager]”—referring to the design manager at issue in the Charges filed with the EEOC.
She also states—under oath, referring to one former employee witness (“Former Employee”)—as follows: “I worked with [Former Employee]. [She] [n]ever told me that [the Design Manager] had touched [her] inappropriately or otherwise made [her] feel uncomfortable.”
This is the third in a series of blog pieces written for and reviewed by the Charging Parties which explains their ordeal
The CEO, the Head of Human Resources and the Therapy Team Leader Threaten to Fire Women who Complain about Sexual Harassment at Encompass, a Major Hospital Chain
The CEO and the Director of Human Resources at Colorado Springs were required to report to Headquarters that they were receiving numerous complaints of sexual harassment perpetrated by the same provider who had been the subject of the sexual assault allegation.
EEOC Charges of Sexual Harassment Have Been Filed Against Annandale Millwork and Allied Systems Corp. Alleging Complaints were Ignored for Years
UPDATE: On July 16, 2024, the Court held a hearing on Defendant’s Motion to Compel Arbitration and Dismiss Plaintiff’s Constructive Discharge claims. At the end of the arguments, the Court denied Defendant’s motion in full, and subsequently issued a text Order:
Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephone Conference/Motion Hearing held on 7/16/2024 denying [29] MOTION to Compel Arbitration of Plaintiff’s Amended Complaint and Motion to Dismiss Constructive Discharge Claims filed by SCA Pharmaceuticals, LLC, consistent with the comments made during the telephone conference.
The Court, during the telephone conference, stated in essence that Defendant “could not have it both ways” with respect to its contention that there was a valid and enforceable arbitration agreement situated within an Employee Handbook that specifically disclaimed that it created contractual/legal rights of any kind. In addition, the Court noted that because the employer retained for itself the right to amend or alter the rules in the Handbook at any point, if there were a contract it would be “illusory” and therefore unenforceable. Finding that there was no agreement to arbitrate, the Court did not need to reach the question whether the End Forced Arbitration Act precluded arbitration of any of Plaintiff’s claims, noting any ruling would be dicta, and that the Second Circuit Court of Appeals was poised to rule on the issue in the near future. And the Court refused to dismiss Plaintiff’s Constructive Discharge claim, determining the viability of the claim would be best addressed at summary judgment with a full record of facts.
Sexual Harassment Lawyer BlawgA North Carolina woman alleges in Charges filed with the Equal Employment Opportunity Commission that AutoZone managers ignored her requests for help to stop a customer from repeatedly sexually harassing her—and then retaliated against her when she refused to keep serving her harasser.
As explained in her EEOC Charges of Discrimination, Jade Mack worked for AutoZone store 3909 in Concord, North Carolina. Her immediate supervisor was Store Manager Charlie Seabright, and her District Manager was Kevin Murphy. As stated in her EEOC Charges, on December 7, 2021, Ms. Mack alleges that regular AutoZone commercial customer Mr. W. J. [name withheld] walked toward her, forcing her to walk backwards to escape him, while saying “tell your man you’re in love with someone else.” Finding a wall behind her, Ms. Mack tried to sidestep W.J., and said “I don’t think he would like that very much.” The customer insisted, “he will get over it,” and repeated himself. Ms. Mack, increasingly panicked, told W.J. “I don’t think he would like that very much and I don’t like it either.” W.J. was close and directly in front of her. She was finally able to sidestep and escape him. Ms. Mack immediately texted Store Manager Seabright with a complaint and a full description of what had happened:
Mack: So W[.J.]just back me into a corner in the office saying tel [sic] your man your in love with someone else I kept trying to side step him & said I don’t think he would like that he said he will get over it but he was persistent and said it again so I said I don’t like it either fucking creepy I don’t ever want to be alone with him again where I have no exit to get out around him I don’t get creeped out or scared by much but that had me scared as shit & my adrenaline going now I feel like I’m gonna puke[.]
