A manager also made demeaning references to slavery to the fuelers, such as telling them: "You guys are lucky I pay you because way back then, you did not get paid"; "You are lucky to be paid. In January 2008, a Lockheed Martin facility in Hawaii settled a Title VII lawsuit for $2.5 million, the largest amount ever obtained by the EEOC for a single person in a race discrimination case. A blind individual applied as a night warehouse loader after his company eliminated his previous position as a driver's aide. 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." In August 2007, a renowned French chef agreed to pay $80,000 to settle claims that his upscale Manhattan restaurant discriminated against Hispanic workers and Asian employees from Bangladesh in job assignments. The clerk told her she should take her hood off and not burn a cross on his lawn. 3:12-cv-3069(LTS) (N.D. Iowa consent decree granted June 24, 2013). Black and Hispanic employees also were allegedly given harder work assignments and were more frequently and severely disciplined than their Caucasian co-workers. 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. The non-White physicians represented different races and national origins, including Asian, Native American, Nigerian, Puerto Rican, and Pakistani. In June 2016, Bloom at Belfair, a nursing home in Bluffton, South Carolina, paid $40,000 to settle an EEOC lawsuit alleging that the company discriminated against an African-American activities director when it fired her in September 2014 because of her race. In March 2020, G.N.T, Inc., doing business as GNT Foods, a grocery store located in East Point, Ga., paid $60,000 and furnished other relief to settle a racial harassment and retaliation lawsuit filed by the EEOC. The judge also faulted Noble and New Indianapolis Hotels for comingling of medical records in employee personnel files. No supervisor made any attempt to stop the abuse. 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." 2:09-CV-923 (M.D. In January 2020, Falcon Foundry Company agreed to resolve a racial harassment class case which was filed against it by the Youngstown Branch of the National Association for the Advancement of Colored People (NAACP) and the EEOC. 7/6/2016). 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. In accordance with the consent decree, the company must adopt, implement, and post a formal, written anti-discrimination policy, provide annual Title VII training for all managers and supervisors and report to the EEOC semi-annually on any instances where employees opposed unlawful employer practices. In contrast, defendant announced the promotion of Charging Party's White successor within three days and issued him a cell telephone and a company e-mail address immediately. EEOC v. M. Slavin & Sons Ltd., No. The lawsuit also alleged that the club retaliated against the Black dancers after one of them filed a complaint with the EEOC, allegedly by reducing their work hours and subjecting them to fines, forcing one of them to quit. The agency stated that the selectees were chosen because their skills and qualifications fit the agency's needs. The lawsuit also alleged that the companies discouraged non-Hispanic applicants for applying for open positions by imposing a language requirement not required for the job in violation of Title VII of the Civil Rights Act of 1964. Co., No. The same manager allegedly referred to one Black employee as "gorilla" while the employee was holding a banana. Such alleged conduct violates the Age Discrimination in Employment Act, which prohibits discriminating against individuals because they are age 40 or older. Just 4 months after promoting Charging Party, defendant reprimanded him and demoted him. The consent decree requires the company to implement a policy prohibiting race, color, and national origin harassment. The company also agreed to provide annual training for two years for its employees, including managers and human resources employees. The decree also provides for posting anti-discrimination notices, record-keeping and reporting to the EEOC. According to the EEOC's lawsuit, Prewett and Desoto supervisors and managers subjected African American employees to daily harassment and humiliation because of their race by calling them racially offensive and derogatory names and assigned Black employees the more dangerous job duties. When the employee complained, she was told to "pray about it" or "leave" by the owner; the employee resigned. If, for example, your itemized damages are $12,000 and you estimate you have a 50% chance of winning, your case can be valued at $6,000. In October 2012, a federal district court in Texas ordered AA Foundries Inc. to take specific measures to prevent racial harassment of Black employees at its San Antonio plant following a $200,000 jury verdict finding the company liable for race discrimination under Title VII. Co., Inc., 1:10-cv-01248-JDB-egb (W.D. Farm Labor Organizing Committee v. Joshua Stein. In May 2016, American Casing & Equipment Inc., a Williston-based oil field service company, paid $250,000 to a Filipino worker it fired after he complained of harassment to settle a discrimination and retaliation lawsuit filed by the EEOC. 15-11850 (11th Cir. Mar. judgment and injunction entered Oct. 9, 2012). The EEOC presented evidence that a change Walmart made to Spaeths longstanding work schedule caused her significant difficulty. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Jury Awards Over $125 Million in EEOC Disability Discrimination Case Against Walmart. In this case, the EEOC alleged that the Battaglia tolerated an egregious race-based hostile work environment, requiring African-American dock workers to endure harassment that included racial slurs (including the "N" word). The consent decree also includes provisions for equal employment opportunity training, reporting, and posting of anti-discrimination notices. there are many African'american midwives who are failed the final test after they have a masters certificate.raw scores have been cut up to 9 points so that they fail and can not practice. Equal Employment Opportunity Commission said in a suit filed Friday. In September 2006, EEOC filed this Title VII lawsuit alleging that a nonprofit organization that provides rehabilitation services for people with disabilities discriminated against four African-American employees because of their race (delayed promotion, unfair discipline, and termination) and retaliated against three of them for complaining about racially disparate working conditions, reduction of working hours, discipline, and termination. 2000e-2(a)(2), Title VII's subsection prohibiting the limiting, classifying, or segregating of employees based on a protected trait. The EEOC had charged that Chapman's George L. Argyros School of Business & Economics (ASBE) discriminated against Stephanie Dellande, an assistant professor of marketing, because of her race. According to the EEOC, the general manager of the Hampton Inn hotel located at 2311 North Shadeland Ave. advised her employees that she wanted to get "Mexicans" in who would clean better and complain less than her Black housekeeping staff. The manager's harassment included "humping" her from behind, grabbing her head, demanding that she perform oral sex on him, telling customers that she had AIDS "because it was proven that 83 percent of African American women had AIDS," calling her a slut, and slapping her in the face with his penis. EEOC v. Local 28 of the Sheet Metal Workers' Int'l Ass'n, Case No. In September 2014, McCormick & Schmick's settled a 2008 EEOC lawsuit, alleging a pattern or practice of race discrimination against African-American job applicants by refusing to hire them for front-of-the-house positions and by denying equal work assignments because of their race. The court also held that the new entity operating as a Denny's franchise was liable as a successor. In a unanimous published opinion, a three-judge panel said it found no issue with a trial court granting summary judgment to the town of Sneads in John McAlpin's suit claiming retaliation in violation of the Family and Medical Leave Act, the First Amendment and Florida's whistleblower law. In September 2015, BMW Manufacturing Co. settled for $1.6 million and other relief an EEOC lawsuit alleging that the company's criminal background check policy disproportionately affects black logistics workers at a South Carolina plant. In April 2019, A&F Fire Protection, Inc., a NY fire sprinkler and standpipe contractor, paid $407,500 to settle a race discrimination lawsuit in which EEOC alleged that Black and Hispanic employees were frequently subjected to racial remarks by managers and coworkers and a supervisor who used gorilla sounds as a ringtone for a Black employee. The consent decree also requires that the hospital provide training to all employees, including supervisory employees, in its Cardiopulmonary Department; that it submit periodic reports to EEOC about any complaints of sex and/or race discrimination or retaliation; and that it post a notice at various locations within its facility regarding the outcome of this lawsuit. In January 2012, Pepsi Beverages Company, formerly known as Pepsi Bottling Group, agreed in a post-investigation conciliation to pay $3.13 million and provide training and job offers to victims of the former criminal background check policy to resolve an EEOC charge alleging race discrimination in hiring. Under the terms of the settlement, Nordstrom will pay $292,000, distribute copies of its anti-discrimination policy to its employees, and provide anti-harassment training. 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. The EEOC had charged that the company subjected Hispanic and Asian/Filipino employees to derogatory comments and slurs based on their race and/or national origin. EEOC APPELLATE CASES PENDING: 2012. A lock ( EEOC v. Columbine Health Sys. The DM, a White female, e-mailed Defendant's Chief Operating Officer in September 2001 expressing her concerns about the exclusion of African Americans and other racial minorities from management positions. The Black manager had worked for U-Haul for ten years as a reservation manager, assistant manager, general manager, area field manager and field relief manager, and held a bachelor's degree in business management as well as having received various awards for performance. The EEOC claimed that former manager who hired her, was suspended and then fired after he refused to comply with the owner's request. On appeal, the Commission concluded that the AJ's finding was supported by substantial evidence, and agreed with the AJ that the Agency's legitimate, nondiscriminatory reason for not selecting Complainant was a pretext for race and age discrimination. In December 2006, a New York apple farm agreed to pay $100,000 to Jamaican migrant workers holding H-2B worker's visas who were allegedly subjected them to different terms and conditions of employment on the basis of their race (African-Caribbean), color (Black), and national origin (Jamaican). Although it admitted no wrongdoing and said that it settled the case for financial reasons, the company agreed to hire an equal employment opportunity coordinator to provide employee EEO training, monitor future race discrimination complaints, and file periodic reports with EEOC regarding hiring, layoffs, and promotions. The university discharged her in June 2008 upon a denial of her tenure appeal. consent decree entered Aug. 1, 2014). EEOC v. Hamilton Growers, Inc., Civil Action No. According to the EEOC's suit, an estimator and assistant project manager was subjected to derogatory comments from his supervisors, project manager and the company's owner on the basis of his national origin (Pakistani), religion (Islam), and color (brown). Ruling on EEOC's motion for partial summary judgment, the court said the company's admissions that site superintendent/project manager referred to three Black plaintiff-intervenors as "nigger" or "nigga" on a near-daily basis and told racial jokes using those terms and other offensive epithets establishes an objective racially hostile work environment. The EEOC also claimed that four White employees were harassed by their White co-workers because they associated with African-American employees. The court denied Dollar General's motion for summary judgment and the parties ultimately entered a two-year consent decree requiring Dollar General to maintain effective anti-discrimination policies, distribute the policies to all newly hired employees, and provide management training on anti-discrimination laws and other injunctive relief to ensure discrimination complaints are promptly reported and investigated. 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. CHICAGO - Stan Koch & Sons Trucking, Inc., a Minnesota-based transportation company, will pay $165,000 and furnish other relief to settle a retaliation case brought by the Equal Employment Opportunity Commission (EEOC), the federal agency announced today. More information is available at www.eeoc.gov. It also will conduct supervisor and employee training on discrimination and retaliation laws and establish a confidential process for people to submit discrimination and retaliation complaints. By honoring those provisions and refusing to hire non-Navajo Indians, Peabody discriminates based on national origin, in violation of Title VII of the 1964 Civil Rights Act, EEOC asserted. Specifically, the EEOC said, the company discharged the black employee after he failed to stop a Caucasian driver who reported to work under the influence of alcohol from making deliveries on his route. According to the lawsuit, the alleged victim applied and was interviewed several times for the job in May 2007. Wash. July 31, 2017 ). Finally, the EEOC alleged that FAPS' employment application contained improper pre-employment medical inquiries in violation of the ADA. The Agency also appeared to have violated its Merit Promotion Plan by having a lower-level employee participate in the interview panel. In December 2017, Laquila Group Inc., a Brooklyn-based construction company, paid $625,000 into a class settlement fund and took measures to eliminate race bias and retaliation against black construction laborers. 7:14-cv-00136 (M.D. 1:07-cv-02964 (N.D. Ohio consent decree filed July 21, 2010). The EEOC's complaint charged that the supervisor regularly referred to Black employees with the "N" word and other derogatory slurs. Fla. default judgment filed Aug. 11, 2015). He also said he did not know what it meant until another employee told him and did not report the comment to management. The analyst was terminated allegedly because she left work 30 minutes early to beat the traffic. In addition, the company must submit two written reports to the EEOC regarding any future retaliation complaints and all pertinent information related to potential complaints. 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. 12-cv-214 (W.D. In March 2008, a wholesaler book company settled an EEOC lawsuit alleging that it violated Title VII when the owner verbally harassed a White female employee after he learned she had biracial children such as stating that they were "too dark to be hers." The court also enjoined the company from discriminating on the basis of race or protected conduct in violation of Title VII. In October 2006, EEOC obtained a $30,600 settlement in Title VII suit, alleging that a California-based office equipment supplier had fired an accounts payable specialist because she was African-American and because she had been pregnant, when it told her that after she returned from maternity leave, her assignment was complete and there were no other positions in the accounting department, permanently placed a non-Black, non-pregnant female who she had trained to fill-in during her maternity leave in her former position, and a week later hired a non-Black male to work in another accounting position in the same department. On appeal, the circuit court decided that "the subject of race was improperly introduced into the selection process and used as a consideration in [the] hiring decision" and that the manager's decision was motivated by the aide's race and not the selectee's experience or seniority. The supplier promoted complainant, but did not increase his base salary. 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. Aside from the monetary relief, the county agreed to establish policies and complaint procedures dealing with discrimination and harassment in the workplace and to provide live EEO training to all managers and supervisors. .ain't worth s--t." In addition to providing monetary relief, the company agreed to conduct employee training on its anti-harassment policy and make the policy available to all employees. In May 2013, a Tyler, Texas-based petroleum and gas industry equipment provider paid $150,000 and furnished other relief to settle an EEOC racial harassment and retaliation suit. In April 2011, a federal district court in Tennessee reaffirmed a court judgment of $1,073,261 when it denied the world's leading manufacturer and marketer of major home appliances' motion to reduce the victim's front and back pay awards. . According to the consent decree, "these policies and practices have resulted in a laborer workforce that is almost 100% Hispanic." Under the consent decree, the club will implement new policies and practices designed to prevent racial discrimination and retaliation. In August 2010, the EEOC and the largest commercial roofing contractor in New York state settled for $1 million an EEOC suit alleging the company discriminated against a class of Black workers through verbal harassment, denials of promotion, and unfair work assignments. EEOC v. PBM Graphics Inc., No. In August 2015, Target Corp. settled for $2.8 million an EEOC charge that the retailer's former tests for hiring for professional jobs discriminated against applicants based on race, sex and disability. EEOC v. Bankers Asset Management, Inc., No. 11-cv-2558-REB-CBS (D. Colo. Oct. 2, 2012). The case settled for $75,000 and injunctive relief which included mandatory EEO training for managers, supervisors and employees. In September 2019, a San Jose, California food producer and distributor paid $2 million to settle an EEOC race discrimination lawsuit, charging that the company refused to hire non-Hispanic applicants of all races, including Black, White and Asian applicants, for unskilled production warehouse positions because its affiliates preferred Hispanic job applicants. 1:10-CV-02692 (D. Md. Additionally, at trial, he also admitted it did not bother him to hear racially derogatory language in the workplace. 21-1499. In April 2007, the Commission decided that a Caucasian complainant, was subjected to racial harassment over a period of two years by both managers and co-workers used various racially derogatory terms when referring to complainant. In its lawsuit, the EEOC alleged that the franchise ordered the store manager to fire the African American employees because the student patrons did not like to be waited on by them. Inc., Civil Action No. Significant Disability Discrimination Litigation Filed or Resolved: July 2013-July 24, 2014. Robinson later transferred to a lower-paid sales position to avoid the sales supervisor, but the sales supervisor ultimately transferred to a position in finance where he was responsible for approving paperwork on all sales, and he refused to process any of Robinson's sales transactions, causing Robinson to resign the same month. EEOC v. Bankers Asset Mgmt. After the electrician complained about the harassment, he was terminated. 1-800-669-6820 (TTY) The suit claimed that the buyer was given more difficult tasks and less assistance than her colleagues who were not Black and female, was unfairly disciplined for performance scores that were higher than those of her White female co-workers who did not face any disciplinary action, and that the supervisor gave her White co-workers permission for vacation days but ignored the Black buyer's earlier requests for the same days. Nonetheless, the court rejected AutoZone's argument, accepted by the district court below, that the absence of an "adverse employment action" defeats a claim under 2000e-2(a)(2). EEOC v. The Laquila Grp., Inc., No. Ala. Feb. 3, 2012). The Hampton Inn is accused of firing Black housekeepers because of their race and retaliating against those who had complained. In addition to the monetary relief, the conciliation agreement provides ensures that during the next five years, Ford will conduct regular training at the two Chicago-area facilities; continue to disseminate its anti-harassment and anti-discrimination policies and procedures to employees and new hires; report to EEOC regarding complaints of harassment and/or related discrimination; and monitor its workforce regarding issues of alleged sexual or racial harassment and related discrimination. The complaint alleged that since at least January, 2012, Diversified engaged in an ongoing pattern or practice of race discrimination against African-American job applicants in Maryland, Washington D.C., and Philadelphia metropolitan areas by refusing to hire Black applicants for custodian, lead custodian or porter positions and racially harassing a Black janitorial supervisor in the presence of customers and employees. Also, Windings agrees to participate in job fairs and recruiting events that target Black Americans and to provide EEOC with reports of its applicants, hiring and specific reasons why applicants were not selected during the decree's term. In September 2013, Hurley Medical Center entered into a 5-year agreement with the EEOC to settle its lawsuit alleging that a White father reportedly demanded no African-American nurses treat his newborn baby. In addition to the monetary relief, the three-year consent decree requires the company to provide mandatory annual three-hour training on race discrimination and retaliation under Title VII; have its president or another officer appear at the training to address the company's non-discrimination policy and the consequences for discriminating in the workplace; maintain records of race discrimination and retaliation complaints; and provide annual reports to the EEOC. In December 2009, a national grocery chain paid $8.9 million to resolve three lawsuits collectively alleging race, color, national origin and retaliation discrimination, affecting 168 former and current employees. In the lawsuit, the EEOC asked for Spaeth to be reinstated, as well as back pay, compensatory damages and punitive . After consultation among the friends, another White friend entered the store and was immediately given an application on request. The law on disability discrimination is clear and unequivocalit is illegal to discriminate against anyone at work due to their disability. According to the lawsuit, the company's allegations that the Black journeyman electrician was in charge of a crew that damaged light fixtures is a pretext. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. The decree also provides for injunctive and equitable relief and, in particular, requires that MPW train supervisors and managers to spot and prevent racial harassment in the future. According to the EEOC's lawsuit, the employee was racially harassed by his white supervisor. In June 2005, an AJ found direct evidence of retaliation and circumstantial evidence of race discrimination where the agency's managers did not act on the Black complainant's plea for mail handling assistance for many months before the complainant injured himself. consent decree filed July 11, 2014). 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. In addition to the $150,000 payment, Outokumpu agrees to take specified actions designed to prevent future discrimination, including implementing new policies and practices designed to prevent race discrimination in employment decisions, providing anti-discrimination training to employees, and the posting of anti-discrimination notices in its workplace. 0120170218 (Dec. 21, 2017) . The firm, however, offered the job to two less qualified White applicants -- the first declined and the second accepted. EEOC v. US Foods, Inc. fka U.S. Foodservice, Inc., Civil Action No. "The number of cases filed by the EEOC increased in a respectable climb back to pre-pandemic levels, forecasting a busy year ahead for the Commission and employers in FY . The EEOC's lawsuit charged that OfficeMax violated federal law when its store manager retaliated against a sales associate after the associate complained that he had been terminated because he is Hispanic. Under the agreement, Cabela's is required to appoint a diversity and inclusion director who will report directly to the company's chief administrative officer and set hiring goals designed to achieve parity in the hiring rates of white and minority job applicants. In May 2008, the Sixth Circuit ruled that two Black male dockworkers had been subjected to a racially hostile work environment in violation of Title VII.
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