According to the EEOC, the general manager of the Hampton Inn hotel advised her employees that she wanted to get "Mexicans" in who would clean better and complain less than her black housekeeping staff, even if the Hispanic hires were equally or less qualified than Black candidates. EEOC v. Matrix L.L.C., Civil Action No. As part of the agreement terms, the company admitted no liability, and Pier 1 Imports agreed to revise its policies, which include eliminating its background screening processes and removing the question about convictions from its job application. In addition to the monetary relief, the company agreed to providing EEO training for its managers and supervisors the company and to submit a follow-up report on remedial measures being taken at the Concordville worksite. According to the EEOC's complaint, at various times between mid-2005 and 2008, Black employees were subjected to racial harassment that involved the creation and display of nooses; references to Black employees as "boy" and by the "N-word"; and racially offensive pictures such as a picture that depicted the Ku Klux Klan looking down a well at a Black man. Equal Employment Opportunity Commission (EEOC) and Seasons 52 restaurant chain indicates that the more familiar pattern-or-practice of age discrimination . The manager allegedly made continually disparaging comments to the former attorney, saying 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. Under Pepsi's former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense." Therefore, the Commission found that Complainant established that the Agency's stated reasons for her non-selection were a pretext for race and sex discrimination. US Foods did not terminate the Caucasian driver for being under the influence, or another Caucasian safety specialist who saw the driver at the first stop on his route. As has been the case in past months, most of the settlements . On January 7, 2011, the district court dismissed the claimant's state law claim without prejudice '. EEOC v. J&R Baker Farms LLC, et. In October 2007, EEOC obtained $290,000 from an Oklahoma-based oil drilling contractor for seven African American men who alleged that, while on an oil rig, they were subjected to a hostile work environment, which included the display of hangman nooses, derogatory racial language, and race-based name calling. Pa. Dec. 16, 2016). There was no evidence that the term or any other racial epithet was used after this meeting. The complainant resigned and was replaced by a White junior account manager who earned a higher base salary than complainant had ever earned as an account manager. As part of the decree, the provider also agreed to extensive changes in its employment policies, to engage in "active recruitment" of African American employees, to hire previously rejected Black applicants, to implement training on discrimination and retaliation, and to hire an outside monitor to review compliance with the decree. 8:10-cv-1419(JAK) (C.D. In August 2015, the district court denied a motion to dismiss by J&R Baker Farms LLC and J&R Baker Farms Partnership in a lawsuit brought by the EEOC. In March 2011, a federal district court in Maryland rejected a novel attempt by a national restaurant chain to block the EEOC from airing radio spots seeking Black individuals who applied for a job or worked at the chain's Baltimore location, in connection with its race bias suit against the restaurant. According to the EEOC, the company has relied exclusively on "word-of-mouth recruitment practices" for field laborer positions, with the intent and effect of restricting the recruitment of Black and female applicants. 1-800-669-6820 (TTY) When the Black intern raised concerns about unequal treatment with management, she was fired. Under the decree, which settles the suit, MPW Industrial Services is required to pay $170,000 to the two former employees who experienced the racial harassment. the restaurant. EEOC asserted that the supervisor also allegedly told her that she really should be working in Harlem with her dark skin color and threatened to terminate her if she did not accept a demotion and a transfer to the Harlem store. 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." In April 2011, a long-term care facility located approximately four miles from Little Rock, Ark agreed to pay $22,000 in back pay and compensatory damages to settle an EEOC retaliation case. The lawsuit asserts that, after the warehouse worker spoke to management about race discrimination because a non-Hispanic co-worker received a larger raise, he was told that if he was going to accuse the company of discrimination, they "should part ways." Because they maintained friendly relationships with, and engaged in various acts of advocacy on behalf of, their Black coworkers, they became targets of various threats and harassment by other White employees who were responsible for the racial hostility directed against their Black colleagues. In June 2017, the EEOC reversed the Administrative Judge's finding of no discrimination by summary judgment, which the Department of Homeland Security (Agency) adopted, regarding Complainant's claim that the Agency discriminated against her, an African American woman, when it failed to select her for a promotion. 7:11-cv-134 (M.D. 1:17-cv-00070 (E.D . The 4-year consent decree prohibits defendants from engaging in future discrimination based on race, color, or national origin. LockA locked padlock LEXIS 110149 (N.D. Ill. Sept. 27, 2011). EEOC alleged that the engineer reported to his supervisor that the mall's operations manager was engaging in race discrimination and sexual harassment; the supervisor told the engineer to ignore the operations manager's conduct, and offered to relocate the engineer. The case, EEOC v. Wal-Mart Stores East, E.D. Along with a monetary settlement, the three-year consent decree requires the company to disseminate and post a modified anti-discrimination policy; designate specific individuals to whom raced-based discrimination complaints should be directed; provide at least three hours of anti-discrimination training by a compliance specialist for all management and supervisory personnel; and submit a written report to the EEOC after one year identifying all race-based discrimination complaints. EEOC alleged that an African American male sales supervisor subjected Cotton to derogatory comments about his age and made sexual advances towards him. Additionally, Reliable Nissan agreed to review its policies and procedures to ensure that employees have a mechanism for reporting discrimination and to make certain that each complaint will be appropriately investigated. The consent decree enjoins the company from engaging in racial discrimination or retaliation and requires the company to post the EEO Poster in an area visible to all employees. 3:10-cv-00901 (M.D. 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. According to the EEOC's lawsuit, the company coded the preferences of clients who requested White caregivers, and made assignments based on the preferences. In September 2014, the EEOC appealed the dismissal of its race discrimination complaints alleging that an employer's withdrawal of a job offer from a qualified Black applicant because she refused to cut off her dreadlocks constituted race discrimination under Title VII. According to the EEOC's lawsuit, from February 2017 to at least July 2018, Treatment Centers subjected a Substance Abuse Counselor Allen Parson and two other African American employees were repeatedly and openly subjected to racial slurs by several clients of the facility and race-based counselor assignments to accommodate White clients' racial preferences not to be assigned to Black counselors. Defendant will file annual audit reports with the EEOC summarizing each complaint of race or sex (male) discrimination, or retaliation, it receives at its Pfluggerville, Texas location and its disposition. Ready Mix will be required to modify its policies to ensure that racial harassment is prohibited and a system for investigation of complaints is in place. Court. In March 2004, the EEOC settled a hostile work environment case in which a Caucasian-looking employee, who had a White mother and Black father, was repeatedly subjected to racially offensive comments about Black people after a White coworker learned she was biracial. The harassing behavior continued despite numerous complaints by all three employees. The settlement included a donation of $10,000 value of books or 1000 books relevant to the EEOC's mission, which will be given to a non-profit organization with an after-school program. Robinson reported the misconduct to several managers, but rather than taking corrective action, the director of used cars joined in the harassing conduct. In December 2012, EEOC and a North Carolina printing firm settled for $334,000 a lawsuit alleging the firm violated Title VII of the 1964 Civil Rights Act by not placing non-Hispanic workers in its "core group" of regular temporary workers who perform the company's light bindery production jobs and giving disproportionately more work hours to Hispanic workers. In January 2020, Jackson National Life Insurance paid Black female employees in Denver and Nashville $20.5 million to settle a racial and sexual discrimination case brought by EEOCs Denver and Phoenix offices. EEOC v. L.A. EEOC v. Windings, Inc., Civil Action No. In February 2011, the EEOC settled a suit against a Portland-based seafood processor and distributor for $85,000 on behalf of a warehouse worker. Within hours of his final complaint, the coater was fired, allegedly in retaliation for his complaints of racial harassment. In June 2007, EEOC obtained $500,000 from a South Lyon, Mich., steel tubing company, which, after purchasing the assets of its predecessor company, allegedly refused to hire a class of African American former employees of the predecessor. EEOC v. Caldwell Freight Lines, Case No. The 2-year consent decree also enjoins race and sex (male) discrimination under Title VII, as well as retaliation. In February 2020, a Texas-based fiberglass conduit and strut manufacturer implemented extensive hiring reforms and paid $225,000 to settle allegations by the EEOC that it refused to hire non-Hispanic individuals as laborers. EEOC v. New Indianapolis Hotels, Inc., Case No. & New Mercer Commons, Civ. In January 2008, a bakery caf franchise in Florida entered a two-year consent decree that enjoined the company from engaging in racial discrimination or retaliation and required it to pay $101,000 to the claimants. LockA locked padlock In October 2019, a Phoenix-based moving company accused of "pervasive" racial harassment against a Black employee will pay $54,000 to settle an EEOC lawsuit. Accordingly, the decision held that the Agency failed to take prompt action to meet its affirmative defense. In addition to the monetary relief, a three-year consent decree requires the company to use its best efforts to fill up to 25 percent of available positions with African-Americans. Finally, the EEOC alleged that FAPS' employment application contained improper pre-employment medical inquiries in violation of the ADA. In November 2011, a hospital on Chicago's South Side agreed to pay $80,000 to settle a class race, sex discrimination and retaliation lawsuit filed by the EEOC. According to the EEOC's lawsuit, a supervisor at Arizona Discount Movers frequently made racist comments to an African American employee named Clinton Lee. If the case is too serious for mediation or the employer declines mediation, then the EEOC may sue the employer. Nature of Suit. The proposed consent decree would settle both EEOC's suit and a private suit filed in 2008 by 14 Black employees under the Civil Rights Act of 1866 (42 U.S.C. The alleged harassment included directing threatening language and conduct at the Black laborer, such as saying that President Obama would be assassinated and showing him a swastika a White coworker had spray-painted on company equipment. In September 2009, a Phoenix credit card processing company agreed to pay $415,000 and furnish significant remedial relief to settle a race harassment lawsuit, in which the EEOC charged that the company subjected a group of African American workers to racial slurs and epithets. The Commission also alleged that the company engaged in retaliation against workers who joined in the complaint. EEOC alleged that the company refused to hire Black applicants because it was concerned that its customers would be uncomfortable with a Black man coming to their home and would be intimidated by him. In June 2006, a Newark port facility paid $28,500 to settle a race and age discrimination lawsuit brought by EEOC, which alleged that the facility's new manager mistreated and then fired a 56-year-old African American customer service representative, who was the only Black and oldest of seven employees, because of her race and age. The verdicts included $1.5 million in punitive damages $1.68 million in compensatory damages, and $130,550 in backpay. In January 2015, Skanska USA Building, Inc., a building contractor headquartered in Parsippany, N.J., paid $95,000 to settle a racial harassment and retaliation lawsuit brought by the EEOC. Blacks were termed "n-----s" and Hispanics termed "s---s;" offensive graffiti in the men's restroom, which included racial and ethnic slurs, depictions of lynchings, swastikas, and White supremacist and anti-immigrant statements, was so offensive that several employees would relieve themselves outside the building or go home at lunchtime rather than use the restroom. Complainant had filed a formal EEO complaint alleging he was subjected to discriminatory harassment while in Iraq on the basis of his race (African-American) when, among other things, the word "DAN" was used by a coworker, which he learned meant "Dumb Ass Nigger," and management took no action. The consent decree requires the company to implement a policy prohibiting race, color, and national origin harassment. The Agency was ordered, among other things, to place Complainant into the position or a similar position, with appropriate back pay and benefits, and pay him proven compensatory damages. After screening qualified candidates using a Best Qualified (BQ) grid, the primary panel interviewed the five highest-scoring candidates, including Complainant. In addition, the company must also create and post an anti-discrimination policy in the restaurant, train its employees annually on Title VII requirements, and submit written reports regarding any future complaints alleging discrimination to the EEOC. The EEOC noted that Complainant discussed her experience as Acting Division Secretary in her KSA responses, and, contrary to the Agency's assertion, made numerous references to acting as a Division Secretary in her application. Although complainant was a probationary employee, the record reflected that he worked at the same level or better than other full-time carriers. 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 30-month consent decree enjoins Diversified from discriminating against or harassing anyone based on race or engaging in retaliation and requires the company to designate an internal monitor to ensure compliance with the consent decree. The agency was ordered to restore leave; pay complainant $50,000.00 in non-pecuniary compensatory damages and $6,944.00 in pecuniary compensatory damages; and pay $45,517.50 in attorney's fees and $786.39 for costs. BMW has implemented a new criminal background check policy and will continue to operate under that policy throughout the three-year term of the decree. In March 2011, EEOC filed a lawsuit alleging that a provider of preventive maintenance for residential and commercial heating and air conditioning systems, which has approximately 247 employees at 13 locations within Florida, Georgia, the District of Columbia, Northern Virginia and Maryland, violated federal law by discriminating against non-Caucasian employees based on their race when it paid them less than their Caucasian colleagues. The district court dismissed the EEOC's case, ruling that Xerxes had "acted quickly and reasonably effectively to end" the harassment. In December 2009, a Tennessee company that processes nuclear waste agreed to settle claims by the EEOC that Black employees were subjected to higher levels of radiation than others. In March 2011, a television station settled a race and sex discrimination case filed by the EEOC for $45,000 and additional consideration. Although the assistant complained repeatedly to NYU management and human resources personnel, NYU took months to investigate and then took virtually no action to curb the supervisor's conduct. EEOC v. Grand Central Partnership, Inc., No. 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. To learn more about your rights under disability discrimination law call the California employment attorneys of the Law Offices of Michael S. Cunningham, LLP at (951) 213-4786. The EEOC has fought and won many landmark cases that have set the benchmark for anti-discrimination compensation in the U.S. In November 2010, a nationwide provider of engineering and janitorial services to commercial clients entered into a 4-year consent decree paying $90,000 in backpay and compensatory damages to settle the EEOC's claim that it discharged a building services engineer at a mall in Bethesda, Maryland in retaliation for complaining of race and sex discrimination. The foreman also said about Black people, "just hang them and burn a cross on the homes." Kilgore v. Trussville Develop., LLC, No. is the contrast in races." In addition to the monetary settlement, the staffing agency will create and publish a written hiring and placement policy prohibiting discrimination, post such policy at its Memphis facilities, and provide race and national origin discrimination awareness training for all recruiters, and onsite personnel. The suit further alleged that Dollar General subjected the Black employee to increasing hostility and discipline after she complained about the unequal treatment. In September 2010, the EEOC commenced a lawsuit against a giant shipping and delivery service for subjecting a class of African-American employees to different job assignments because of their race.
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