In the Law360 article “Lessons From EEOC Suit Over Coca-Cola Women-Only Event,” Nicholas Reiter and Jacob Polce examine the legal risks employers may face when offering exclusive workplace development programs, drawing lessons from the EEOC's lawsuit challenging Coca-Cola Northeast's women-only professional development retreat. The following is an excerpt:
Picture this: Hundreds of your female employees are attending a two-day company-sponsored networking and professional development retreat. The itinerary is packed with keynote speakers, team-building exercises, career discussions and a social reception — all on the company's dime. Attendees are excused from their regular duties, paid their normal wages and not required to use vacation days to attend.
You stayed behind, but reports from the event are unanimously positive — until now. A male employee is in your office. He's asking why he must be at his desk while his female colleagues get to enjoy the retreat. Soon after, he files a complaint with the U.S. Equal Employment Opportunity Commission. Soon after, the EEOC files a federal lawsuit against your company.
Does this sound far-fetched? According to the EEOC's recent lawsuit against Coca-Cola Beverages Northeast Inc., this litigation risk is very real. As explained below, under the EEOC's current enforcement priorities, even an employer's most well-intentioned professional development program can expose employers to Title VII liability.
The Lawsuit
In EEOC v. Coca-Cola Beverages Northeast, filed on Feb. 17 in the U.S. District Court for the District of New Hampshire, the EEOC alleged that Coca-Cola Northeast violated federal law when it excluded male employees from an employer-sponsored event.
According to the complaint, in September 2024, Coca-Cola Northeast invited approximately 250 female employees to the Mohegan Sun Casino and Resort in Connecticut for a two-day employer-sponsored trip and professional development retreat. The retreat included a social reception, team-building exercises and recreational activities. Female attendees also heard from speakers, including corporate executives from various companies.
The EEOC alleges that Coca-Cola Northeast did not invite male employees to attend, but excused female employees who attended the event from their regular work duties for the two days; paid their regular wages without requiring them to use vacation; and paid for lodging, meals and related expenses.
For the full article, click here.