experience

International tire company resolves complex discrimination, negligence lawsuit

One of the largest international automotive tire companies faced a lawsuit regarding a former employee. The employee's claims against Hankook included: (i) gender based claims for disparate treatment, hostile work environment, and retaliation in violation of Title VII of the Civil Rights Act ("Title VII") and the Tennessee Human Rights Act ("THRA"), (ii) an Equal Pay Act ("EPA") claim based on being paid less than Unit Managers, (iii) a Tennessee Public Protection Act ("TPPA") claim based on her reporting of discrimination and unequal pay, (iv) a Fair Labor Standards Act ("FLSA") claim based on underpayment of overtime, and (v) a common law negligence claim based on improper supervision and retention of her supervisor. There was significant exposure on these claims, including the FLSA claim.

Waller represented the tire company in this lawsuit. During the pendency of this litigation, Waller assisted the company with a Department of Labor investigation that involved allegations identical to the ones made by the employee in the pending litigation. Prior to substantive discovery and the employee discovering information that would permit her to amend her complaint to assert a collective action, the tire company was able to resolve the lawsuit for a fraction of what she was initially demanding and what it was worth.