In August 2007, a San Jose body shop agreed to pay $45,000 to settle a sexual and racial harassment lawsuit filed by the EEOC, in which a male auto body technician of Chinese and Italian ancestry was taunted daily by his foreman with sexual comments, racial stereotypes and code words, including calling him "Bruce Lee." The EEOC's lawsuit asserted that a non-Rastafarian security officer threatened to shoot a group of Rastafarian officers. Purported conduct of this nature violates Title VII of the 1964 Civil Rights Act. EEOC v. Dolgencorp, LLC d/b/a Dollar General, No. The 2-year consent decree enjoins sex and race harassment and discrimination and retaliation in violation of Title VII and age discrimination under the ADEA. According to the lawsuit, White employees were harassed because of their association with Black coworkers and family members, including being referred to as "n----r lovers" and "race traitors" by White managers. The complainant suffered debilitating and career-ending shoulder, neck, arm, and back injuries and lapsed into a major depression. Specifically, the lawsuit alleged that defendant's former general manager refused to hire Blacks and other non-Caucasian applicants into nursing support, food service, and housekeeping positions at an assisted living facility and coded the applications of minority applicants because she believed residents preferred White employees and did not want minorities to come into their rooms. The agency also alleged that Hamilton Growers fired at least 16 African-American workers in 2009 based on race and/or national origin as their termination was coupled with race-based comments by a management official; . The jury found that the retailer failed to accommodate Marlo Spaeth, a longtime employee with Down syndrome, and then fired her in July . In November 2019, a federal judge approved a $1.2 million settlement resolving the EEOCs racial harassment suit against Nabors Corporate Services Inc. and another Houston-based oil field services company. EEOC v. AJ 3860, LLC, d/b/a The Executive Gentlemen's Club, and Southeast Showclubs, LLC, Civ. In January 2007, the Commission found discrimination based on race (African-American) when a federal employee was not selected for the position of Criminal Investigator despite plainly superior qualifications as compared to the selectee. The consent decree enjoins the restaurant from discriminating based on race in hiring or promotion into the bartender position, requires the restaurant to adopt a written anti-discrimination policy, provide Title VII training to all managers and supervisors, keep records related to any future complaints alleging racial discrimination in hiring or promotion, and submit reports to the EEOC. In January 2013, a federal jury found that two Black employees of a North Carolina trucking company were subjected to a racially hostile work environment and awarded them $200,000 in damages. In January 2012, a marine construction and transportation company located in Dyersburg, Tenn., will pay an African-American job applicant $75,000 to settle a racial discrimination lawsuit filed by the EEOC. The agreement follows conciliation between the EEOC and Reliable Nissan over claims that two Reliable Nissan Managers repeatedly used the "N-word" during a sales meeting, and referred to African, African-American, Native American, Muslim and Hispanic employees in a derogatory manner. In November 2012, Alliant Techsystems Inc. paid $100,000 to settle an EEOC suit alleging that the company violated Title VII when it refused to hire an African-American woman for a technical support job at its offices in Edina because of her race. In September 2010, EEOC sued the largest private university in the United States and one of New York City's ten biggest employers for allegedly violating federal law by creating a hostile work environment for an African-born employee that included degrading verbal harassment based on national origin and race. Cases Climbing Back Up. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 According to the suit, supervisors and employees subjected an African American truck washer, the only black employee at the Milton facility for most of his employment, to racial epithets and insults despite the truck washer's complaints to management and then the company fired him on the same day that he complained. The U.S.-born employees were allegedly subjected to tougher production standards and sent home early on days in which the foreign-born workers continued to work. EEOC v. Hamilton Growers, Inc., No. Additionally, he complained about plaintiff's request for a three-month maternity leave and refused to transfer back her job duties when she returned to work. EEOC v. MWR Enterprises Inc., II, C.A. In November 2006, the EEOC affirmed an AJ's findings that a federal employee complainant was not selected for promotion to Team Leader based on race (African American), sex (female) and age (DOB 2/14/54), notwithstanding her qualifications, and that she was subjected to discriminatory harassment by the same management official. In addition to monetary relief, the company has agreed to provide anti-discrimination training to all of its employees and additional training on harassment and retaliation to all supervisors, managers and owners. The agency alleges that all American workers were discriminatorily discharged, subjected to different terms and conditions of employment, and provided fewer work opportunities, based on their national origin and/or race. The EEOC said Maritime required Hispanic workers to perform personal tasks for the owner and managers, such as routinely assigning the female Hispanic class members to clean the houses of the owner or manager and assigning the male Hispanics to perform duties at their homes, such as landscaping, cleaning the pool, picking up dog excrement, painting or helping with moves. According to the EEOC, the employee, who had 30 years of experience in the oil industry, reported the racial harassment to Torqued-Up's management, but instead of putting a stop to it, the company unlawfully retaliated against him. Fla. Dec. x, 2012). The agency was ordered to appoint complainant to the position of Assistant Chief Deputy U.S. Lastly, the company will provide discrimination and retaliation training of at least 2 hours to supervisors and managers in Washington, D.C., Maryland, and Virginia. 1:16-cv-05194 (E.D.N.Y. EEOC v. BMW Mfg. Thirteen Black employees intervened in the Commission action alleging violations of Title VII, 42 U.S.C. 1:14cv5579 (7th Cir. In November 2011, one of the nation's largest retailers will pay $100,000 and furnish other relief to settle the EEOC's race, sex and age discrimination and retaliation lawsuit. In August 2011, an Obion County producer of pork sausage products paid $60,000 and furnished other relief to settle a wage discrimination and racial harassment lawsuit filed by the EEOC. EEOC alleged that the company failed to accommodate the Muslim workers' religious beliefs by hindering their prayer breaks and Ramadan observances, and that supervisors and co-workers harassed the Somali workers by uttering vulgar epithets and throwing bones, meat, and blood at them. The decree also provides for posting anti-discrimination notices, record-keeping and reporting to the EEOC. In August 2006, the Commission settled this Title VII lawsuit alleging that since at least 1991, defendant, a manufacturer of precision metal-formed products and assemblies, failed to hire women and Blacks into laborer and machine operator positions at its plant because of their sex and race for $940,000. Miss. In addition to the monetary settlement, the company is required to write an apology letter and a positive letter of reference for its former employee. Farm Labor Organizing Committee v. Joshua Stein. Specifically, the EEOC alleged that, in addition to paying them less and permitting a White manager to refer regularly to them with the N-word and other derogatory slurs, such as "boy," the company manipulated dosimeters of Black employees assigned to work with radioactive waste to show lower levels of radiation than the actual ones. The Commission alleged that Whirlpool violated Title VII of the Civil Rights Act of 1964 when it did nothing to stop a White male co-worker at a Whirlpool plant in LaVergne, Tenn., from harassing an African-American female employee because of her race and sex. filed consent decree 12/15/11). In June 2017, the EEOC investigated a restaurant operating over 100 facilities in the Eastern U.S. involving issues of hiring discrimination against African Americans. According to a complaint filed by the EEOC the same day as the proposed decree, Patterson-UTI had engaged in patterns or practices of hostile work environment harassment, disparate treatment discrimination and retaliation against Hispanic, Latino, Black, American Indian, Asian, Pacific Islander and other minority workers at its facilities in Colorado and other states. The Agency also appeared to have violated its Merit Promotion Plan by having a lower-level employee participate in the interview panel. In most cases, changes to procedures and policies are required to appease the charging party. In December 2007, a Minnesota-based frozen food home delivery service agreed to pay $87,250 and provide Title VII training to settle an EEOC race discrimination case alleging that the company discriminated against qualified African-American job applicants at its Missouri facility. The dealership denied any liability or wrongdoing but will provide equal employment opportunity training, make reports, and post anti-discrimination notices. In June 2011, a national women's off-priced clothing retailer agreed to pay $246,500 and furnish other relief to 32 class members to settle a race discrimination lawsuit filed by the EEOC. Under the consent decree resolving this case, Taylor Shellfish has agreed to implement new policies, conduct extensive training for employees and management, post an anti-discrimination notice at the workplace and report compliance to the EEOC for a three-year period. The jury also found that Walmart turned down Spaeths later request to be rehired because of her disability or because of their need to accommodate her disability. . EEOC v. FAPS, Inc., C.A. In June 2011, a district court ruled that the EEOC could proceed with its two Title VII cases alleging race, national origin, and religion discrimination by a meatpacking firm against a class of Black Somali Muslim workers at its facilities in Greeley, Colo., and Grand Island, Neb. Nov. 9, 2015) (fee ruling). 92-261, 2(7), 86 Stat. Real EEOC Cases. The consent decree enjoins the video store from discriminating on the basis of race, color, or national origin and requires the store to post a remedial notice in the store in question and the EEO Poster in all locations across the country. After being subjected to racial slurs and witnessing a supervisor display a noose with a black stuffed animal hanging from it, the employee complained. The consultant ignored their requests to cease and continued to make the derogatory comments at every opportunity. Roadway also assigned Chicago Heights employees to segregated work groups. The EEOC complaint stated that the African-American employee was subjected to derogatory remarks, such as use of the N-word, from both the restaurant's co-owner and customers. In March 2012, the U.S. Court of Appeals for the Fifth Circuit ruled that the EEOC presented sufficient evidence that two African American railroad workers were disciplined more harshly for workplace rule violations than comparable White employees to raise a jury issue of race discrimination under Title VII. The 2-year consent decree also requires the manufacturer to rehire the Black sales rep in its North Texas District at a higher salary with 3% commissions and relocation expenses up to $15,000. The hostile conduct ranged from "cold shoulder" type behavior to the use of the term "nigger lover," references to the KKK, and direct threats on their lives, as well as being told to "stay with their own kind." The consent decree enjoins the company from engaging in racial discrimination and requires it to post a remedial notice and arrange training in racial discrimination for its managers and supervisors. In June 2015, EEOC filed a lawsuit accusing Outokumpu Stainless USA, LLC of not promoting workers at its Calvert plant because of their race. 4:13-cv-92(SA)(JMV) (N.D. Miss. Airline Settles EEOC Suit Claiming It Fired Pregnant Worker; March 01, 2023. According to the EEOC, the six-year employee had his work scrutinized more critically than non-Black employees, was placed on a performance improvement plan because of his race, and was fired when he complained despite his excellent performance history and numerous awards. 11-cv-11296 (E.D. Many cases have somewhere between a 20% and 80% chance of winning. According to EEOC's complaint, the company gave raises and paid higher salaries to all maintenance department employees except the department's lone African-American employee because of racial animus and allowed a supervisor to regularly use racially offensive language toward the Black employee, causing the employee to quit his job to escape the abuse. Tenn. Jan. 29, 2015). The manager allegedly referred to the Caucasian attorney as haole, and advised the former attorney that she needed to assimilate more into the local culture and break up with her boyfriend at the time, also White, in favor of a local boy. "The EEOC's investigation revealed that more than 300 African Americans were adversely affected when Pepsi applied a criminal background check policy that disproportionately excluded Black applicants from permanent employment. The EEOC's suit had charged that the company unlawfully engaged in a pattern or practice of discrimination against American workers by firing virtually all American workers while retaining workers from Mexico during the 2009, 2010 and 2011 growing seasons. The restaurant also allegedly failed to display information regarding federal anti-discrimination laws. Aug. 3, 2012). Like emotional distress damages, the maximum amount of punitive damages that can be awarded to an employee under Title VII and the ADA is $300,000. In July 2018, a Texas-based oilfield service company operating in Williston, N.D., paid $39,900 to an equipment operator who alleged that he was subjected to a racially hostile work environment because of his race, Asian, and then fired after he complained about it. Additional remedies were injunctive relief enjoining each defendant from engaging in racial harassment or retaliation; anti-discrimination training; the posting of a notice about the settlement; and reporting complaints of racial harassment to the EEOC for monitoring. Specifically, the EEOC's lawsuit alleged that the company's foreman and other Emmert employees repeatedly harassed two employees, one African American and the other Caucasian, while working on the Odd Fellows Hall project in Salt Lake City. 5. EEOC alleged that a Black employee from West Guinea, Africa was subjected to verbal and physical harassment and then fired when he complained. 06-07766 (C.D. In April 2011, an architectural sheet metal company settled a racial harassment case for $160,000 in which the EEOC alleged that a White supervisor regularly referred to African-American employees with the epithet "n----r" and used other slurs and racial graffiti was on display in common areas and on company equipment. The EEOC charged in its suit that Prestige's predecessor company, Airbus Alliance Inc., repeatedly instructed its human resource manager to not hire African-American applicants because they were "trouble" and "would sue the company." The company was accused of discriminating on the basis of race when it hired the son of a selecting official rather than a veteran African American manager, to serve as the company's marketing company president. The lawsuit further charged that the company suspended and then fired all three employees for complaining about the harassment. In addition, the company must revise its complaint mechanism and clarify and expand its website and toll-free phone number for the reporting of incidents of employment discrimination. The 39-month consent decree requires defendant to consider all female and Black applicants on the same basis as all other applicants, to engage in good faith efforts to increase recruitment of female and Black applicants, and to submit semiannual reports to EEOC that include applicant flow and hiring data by race and sex. Facts of the case. The general manager also talked about a noose and having "friends" visit in the middle of the night as threats to Floyd. In February 2010, Big Lots paid $400,000 to settle a race harassment and discrimination lawsuit in which the EEOC alleged that the company took no corrective action to stop an immediate supervisor and co-workers, all Hispanic, from subjecting a Black maintenance mechanic and other Black employees to racially derogatory jokes, comments, slurs and epithets, including the use of the words "n----r" and "monkey," at its California distribution center. EEOC recovered just over $106 million for charging parties and other aggrieved individuals through litigation, representing the largest recovery through the EEOC's litigation program in the past 16 years. Lastly, intervening Plaintiff provided direct evidence that the supervisor who fired him did so because of his race (through the supervisor's comment that he could get rid of "that . EEOC v. Carolina Metal Finishing, LLC, No. The restaurant also must revise its discrimination complaint and investigation policies and disseminate them when they are approved by the EEOC as well as create a complaint procedure that is designed to encourage employees to come forward with incidents of racial discrimination. Ga. consent decree filed 12/10/12). In addition to the monetary relief, the four-year consent decree provides for extensive injunctive relief to help secure a diverse workforce; requires JPPJATT to hire a consultant to review and revise its selection process and implement and train employees in the new process; enjoins JPPJATT from discriminating against Black applicants on the basis of race in the future; and requires the company to hold information sessions at locations in the Black community. Complainant alleged he was discriminated against on the bases of race (African-American) and retaliation when he was not selected for an of four vacant Risk Management Specialist positions. [2] As the Sixth Circuit explained: "A White employee who is discharged because his child is biracial is discriminated against on the basis of his race, even though the root animus for the discrimination is a prejudice against the biracial child" because "the essence of the alleged discrimination . The posting and training provisions of the Decree were also extended by two years. According to the lawsuits, minority employees were repeatedly subjected to derogatory comments and graffiti. On the appeal, the Commission contends that the district court improperly dismissed its original and amended complaints because they stated plausible claims of intentional discrimination. The Black foreman complained to company management about the slurs to which he and other African-American employees were subjected, including epithets such as n-r, monkey and boy. The company not only failed to stop the harassment, but in fact promoted one of the wrongdoers and assigned the Black foreman to work under his supervision on a project. Additionally, managers allegedly imitated what they perceived to be the speech and mannerisms of Black employees, and denied them breaks while allowing breaks to White employees. N.C. June 2016). The consent decree enjoins the restaurant from engaging in racial discrimination and requires the chain to post a remedial notice and amend and distribute its anti-discrimination and anti-harassment policies. The two employees then told an African-American candidate for an open position at the salon they believed the manager would not hire her due to her race. April 2, 2015). According to the EEOC's suit, Dellande was the first Black professor to have been allowed to apply for tenure at the ASBE, and was subjected to a higher standard for obtaining tenure and promotion than her non-Black peers. Schedule a free consultation today. The company agreed to pay $45,000 to the biracial employee, to create a policy on racial harassment, and to train the owner, managers and employees about how to prevent and address race discrimination in the workplace. Gender-based discrimination claims were the most frequent basis for the EEOC's amicus filings this year, as the agency placed 11 cases in this category. In addition to the monetary relief, the company agreed to distribute a revised discrimination and complaint policy and hire an employment consultant. In September 1998, an EEOC AJ properly decided that a Black male hospital director who abused all employees was not insulated from liability for racially harassing an African American female where evidence showed that she was the target of more egregious and public abuse than other employees. In May 2009 a North Carolina-based restaurant entered a three-year consent decree to pay $14,700 and provide a positive letter of reference for the claimant. On January 7, 2011, the district court dismissed the claimant's state law claim without prejudice '. In July 2011, a global manufacturer and seller of chemical products in El Dorado, Ark., will pay $80,000 and furnish other relief to settle an EEOC lawsuit alleging the company engaged in race discrimination when it terminated Black employees based upon discriminatory and subjective evaluations. The agency maintains that neither they nor the non-Black employees who actually caused the damage to the light fixture were terminated. More information is available at www.eeoc.gov. Congress did so by defining "religion" to "include[] all aspects of reli-gious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasona-bly accommodate to an employee's or prospective em- The remarks included calling the employee "cricket" and "dumb-dumb" and telling him that "blacks don't get Saturdays off." even in the absence of the identification of an individual job applicant who was rejected because of his race." The 24-month consent decree applies to all of Defendant's facilities in Georgia and include requirements that Defendant create and institute a nonretaliation policy, advise all employees that it will not retaliate against them for complaining about discrimination, and instruct all management and supervisory personnel about the terms of the decree and provide them with annual training on Title VII's equal employment obligations, including nonretaliation. Evidence also revealed that A.C. Widenhouse's general manager and the employee's supervisor also regularly made racial comments and used racial slurs, such as asking him if he would be the coon in a "coon hunt" and alerting him that if one of his daughters brought home a Black man, he would kill them both. The three-year decree enjoins the company from future discrimination and retaliation on the basis of race or national origin and mandates anti-discrimination and investigation training for all of its employees and supervisors. In March 2012, a financial services company formerly located in various cities in Michigan agreed to settle for $55,000 an age and race discrimination suit brought by the EEOC. Tenn. Aug. 11, 2011). information only on official, secure websites. Under the terms of a consent decree signed by Judge Henry M. Herlong of the U.S. District Court for the District of South Carolina, the $1.6 million will be shared by 56 known claimants and other black applicants the EEOC said were shut out of BMW's Spartanburg, S.C., plant when the company switched to a new logistics contractor. The use of arrest and conviction records to deny employment can be illegal under Title VII of the Civil Rights Act of 1964, when it is not relevant for the job, because it can limit the employment opportunities of applicants or workers based on their race or ethnicity.". In November 2008, a popular pizzeria based in Ferndale, Mich. agreed to pay $20,000 to resolve an EEOC lawsuit alleging that the pizzeria violated federal law when it told two qualified Black job seekers for waitress positions, one of whom is African and spoke with an accent, on two separate occasions that it had run out of applications but hired a White applicant as a waitress later the same day without requiring her to fill out an application.
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