Northern Arizona Orthopedics to Pay $165,000 to Settle EEOC Sex Discrimination and Retaliation Suit

U.S. Equal Employment Opportunity Commission (EEOC)
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U.S. Equal Employment Opportunity Commission (EEOC)

 Medical Provider Refused to Hire Men and Retaliated Against an Applicant for Complaining, Federal Agency Charged

FLAGSTAFF, Ariz. -- Northern Arizona Orthopedics (NAO), a medical provider that specializes in bone, joint and spine care in Flagstaff, Ariz., will pay $165,000 and furnish other relief to settle a lawsuit for sex discrimination and retaliation brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC's lawsuit, NAO hired women over more qualified male candidates and retaliated against a male applicant for complaining about the alleged discrimination. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits gender discrimination and retaliation for complaining about it.

The EEOC filed suit, EEOC vs. Northern Arizona Orthopedics Limited, Civil Action No. 3:19-cv-08259-DGC in U.S. District Court for the District of Arizona after first attempt­ing to reach a settlement through its pre-litigation conciliation process.

The four-year consent decree settling the suit, entered on October 4, 2019, prohibits NAO from discriminating against employees on the basis of sex and from retaliating against employees in the future. The consent decree also requires NAO to review and revise its EEO and hiring policies, and it requires the company to train all its employees on Title VII and other anti-discrimination laws. The decree further requires NAO to pay $165,000 and issue a letter of apology to three aggrieved individuals.

"Federal law protects all workers from sex discrimination," said EEOC Phoenix District Office Regional Attorney Mary Jo O'Neill. "This case is an example of the EEOC's commitment to ensure that all applicants are considered on their merits, not on their gender."

Elizabeth Cadle, district director of the EEOC's Phoenix District Office, said, "We appreciate NAO's cooperation in reaching an early resolution of this case and its commitment to working toward establishing a discrimination-free workplace."

The EEOC's Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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