Circle K Pays $8 Million to Settle Sex / Pregnancy, Disability and Retaliation Claims

Circle K will pay $8 million as part of a nationwide settlement agreement to settle claims that the company denied reasonable accommodations to and retaliated against pregnant employees and those with disabilities, according to an announcement from the EEOC.

Circle K was alleged to have subjected employees who requested accommodations to involuntary unpaid leave, required them to be 100% healed in order to return to work and terminated some of the workers. The investigation stemmed from charges filed between 2010 and 2015. The EEOC tracks Charges of Discrimination filed with the agency nationwide and may start an investigation if it detects a larger pattern of wrongful conduct.

Employers are required by law to ensure that all individuals with disabilities or those who are pregnant are given an opportunity to request an accommodation and are granted reasonable accommodations under the law. These accommodations can include actions such as additional leave beyond FMLA leave, modified work schedules, modified duties, modified policies, equipment, and reassignment, as a last resort.

When employers have rigid maximum leave policies with no flexibility to give additional leave for a disability or pregnancy-related reason, they are in serious danger of running afoul of the law. Employers who don’t give current employees a reassignment to an open position after the employer decides there is no reasonable accommodation available in the current position are also in danger of violating the law.

If you are a current or former employee of Circle K who sought a reasonable accommodation such as leave for a disability and/or pregnancy, and were terminated at some period between July 10, 2009, and September 26, 2022, you can contact the EEOC v Circle K Settlement Administrator, JND Legal Administration, by mail at PO Box 91243, Seattle, WA 98111, by phone toll-free number at 1-844-633-0691, or by email at info@EEOC-ADA-PDA-Settlement.com. Additional information is available on the settlement website at www.eeoc-ada-pda-settlement.com where individuals can file a claim. You could be eligible for compensation.

Chris McKinney is a San Antonio employment lawyer, who represents employees in cases involving sexual harassment, race discrimination, sex discrimination, age discrimination, disability discrimination, and health care whistleblower cases.