Taking Away "Opportunities Of Employment" Increases Litigation Risk

Written exclusively for Chubbworks

The EEOC sued Tower Automotive Operations USA I, LLC, doing business as Autokiniton, and alleged the employer discriminated against a long?time female employee in its skilled trades apprenticeship program on the bases of sex, disability, and age, all in violation of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. The EEOC seeks back pay, compensatory damages, and injunctive relief on behalf of the employee.

According to the allegations, the employee had more than 30 years of automotive manufacturing experience and entered Autokiniton's apprenticeship program in 2018 as the only female apprentice, where she performed successfully despite encountering sex? and disability?based mistreatment. The company allegedly regarded her as a liability because she sometimes used a cane, which the EEOC characterizes as discrimination based on an actual or perceived disability.

In March 2020, Autokiniton instituted pandemic?related layoffs that affected this employee along with others in the apprenticeship program. After the layoff, the company allegedly allowed male apprentices to resume their apprenticeships while recalling the female employee only to non?apprentice work, thereby denying her the higher wage rates and overtime earning opportunities associated with the apprenticeship.

The EEOC further asserts that in 2022 Autokiniton admitted three younger men into the apprenticeship program as new apprentices instead of reinstating the older female employee, which the EEOC argued is evidence of both sex and age discrimination. When Autokiniton eventually returned her to apprentice status in 2025, the company allegedly paid her a lower apprentice rate than appropriate, continuing to deprive her of full pay and benefits despite her experience and seniority.

Source: https://www.eeoc.gov/newsroom/eeoc-sues-autokiniton-sex-disability-and-age-discrimination

Commentary

The EEOC's lawsuit addresses discrimination related to an apprenticeship program. The apprenticeship program is an opportunity of employment under Title VII and other equal employment laws.

An opportunity of employment means the chance to obtain, keep, or advance in a job based on merit rather than on a protected characteristic such as race, color, religion, sex, national origin, disability, age, or genetic information. It reflects the legal right of applicants and employees to be considered, selected, treated, and promoted according to their qualifications, ability, and performance, free from unlawful bias or stereotypes tied to those protected traits.

Other opportunities of employment can include:

  • Interviewing
  • Hiring
  • Training
  • Promotions
  • Benefits
  • Wages
  • Overtime

The final takeaway is that anytime an employer considers taking an employment opportunity away from an employee, it should be closely evaluated and a determination made that it was done fairly and legally. 

Additional Sources: https://www.eeoc.gov/equal-employment-opportunity-laws

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