Thursday, April 21, 2016
image from eeoc.gov
For those of us teaching courses in ADR/Employment, an interesting case comes out of Mississippi between the EEOC and Halliburton. The case, EEOC v. Halliburton Energy Service, Inc. and Boots & Coots, LLC d/b/a/ Boots and Coots Services, Civil Action No. 3:16-cv-00233-CWR-FKB (S.D. Miss.), alleges a violation of a mediated agreement between the parties. The original discrimination charge, which was settled by the parties, involved allegations of disability discrimination. From the government's press release:
"According to EEOC's suit, Halliburton entered into a mediation settlement agreement with EEOC and the applicant on Feb. 4, 2014, resolving a disability discrimination charge against the company. Among other relief provided, Halliburton promised to rehire the applicant into a position subject to successful employment screening. Despite the applicant's compliance with the terms of the settlement agreement, Halliburton has since failed to hire him for any position. EEOC contends that Halliburton's actions constitute breach of the settlement agreement. Further, such alleged conduct violates Title I of the Americans with Disabilities Act of 1990 (ADA)."
This case will be an interesting one to follow, and the allegations can be instructive on the requirements for following mediated agreements. As we are all well aware, many discrimination claims are settled and very few actually make it to trial.