At the conclusion of the bench trial, the judge entered a final judgment and awarded the employee a total of $1,073,261 in back pay, front pay and compensatory damages on December 21, 2009. The court, however, determined that Defendant was entitled to summary judgment on the hostile work environment claims brought on behalf of the White employees because injury must be personal and thus a White employee cannot sue for harassment of African-American employees that the White employee happened to see. Sears allegedly retaliated against Johnson for her initial EEOC discrimination charge in September 2007 by subjecting her to worsening terms and conditions at work. The Associate Director emailed the panel chair and Selection Official, asking that the panel interview Selectee as a professional courtesy. The BQ grid results were disregarded and all candidates were rated and ranked based solely on interview scores. Brooks was also subjected to harassment such as racial slurs and racially derogatory insults, taunting and racial stereotypes, including the use of the "N-word." filed Sep. 29, 2012). The EEOC ultimately found reasonable cause to believe that the county violated Title VII of the Civil Rights Act of 1964 for the harassment to which the former attorney was subjected. The EEOC claimed that former manager who hired her, was suspended and then fired after he refused to comply with the owner's request. EEOC v. J&R Baker Farms LLC, No. Roadway also assigned Chicago Heights employees to segregated work groups. EEOC had alleged that the hospital, which served parts of the Navaho Nation, paid its non-White doctors thousands of dollars less than a White American physician who performed the same work. In November 2007, the Commission upheld an Administrative Judge's finding of discrimination on the bases of race (African-American), sex (female), and disability (cervical strain/sprain) when complainant was not accommodated with a high back chair. 2012). In March 2013, a not-for-profit developer of real estate, offices, and facilities around Grand Central Terminal in New York City paid $135,000 to settle a lawsuit filed by EEOC. Racially offensive pictures targeted against minority employees were also posted in the workplace. The supervisor was the father of the company's president and he insisted that the "n-word" is Latin for "Black person." No. The Caucasian employee also was called derogatory names, such as "N-lover," when she turned down customers for dates. Robinson reported the misconduct to several managers, but rather than taking corrective action, the director of used cars joined in the harassing conduct. Following the determination, the County of Kauai entered into an over two-year conciliation agreement with the EEOC and the alleged victim. Evidence revealed that the director told her he only hired because she is a Black woman, he often used profanity toward her, referred to her by race and gender slurs, singled her out for verbal abuse in front of other employees, told plaintiff to "get your Black ass out of here", and told her and other Black managers they better not file EEO complaints. The store manager was required to immediately reinstate the sales associate, but then engaged in a series of retaliatory actions designed to generate reasons to terminate him again and/or force the sales associate to resign, the agency alleged. The same manager allegedly referred to one Black employee as "gorilla" while the employee was holding a banana. LEXIS 110149 (N.D. Ill. Sept. 27, 2011). According to the EEOC's lawsuit, a supervisor at Arizona Discount Movers frequently made racist comments to an African American employee named Clinton Lee. In July 2008, a Florida laundry services company agreed to pay $80,000 and furnish other remedial relief to settle an EEOC discrimination lawsuit. EEOC v. Northern Star Hospitality, Inc., No. The agreement also requires Cabela's to make equal employment opportunity compliance a component in the performance evaluation of managers and supervisors, to update its EEO policies, and provide annual training on EEO issues for all employees. In most cases, changes to procedures and policies are required to appease the charging party. Apr. Pursuant to a 3-year consent decree, 13 complainants would receive $871,000 and attorney's fees and costs. EEOC alleged that Hughes complained to management many times for more than a year regarding the harassment, and that when Day & Zimmerman finally arranged a meeting in response, it disciplined Hughes less than an hour later, and then fired him that same day, citing a false safety violation as a reason. Tenn. Jan. 19, 2012). The agreement also imposes on BMW notice-posting, training, record-keeping, reporting and other requirements. According to the EEOC's suit, Black employees were subjected to racial slurs and other racially offensive comments by their White supervisor, at U-Haul's Memphis facility. 1-800-669-6820 (TTY) The EEOC said that when an African American sales manager was allegedly told to report to another store on the far South Side, he was fired for refusing the transfer. 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. According to one discrimination victim: "My supervisors often referred to my fellow African-American employees and me as 'n-----rs' and 'porch monkeys' and forced us to play so-called 'Civil War games' where employees were divided into North and South. In May 2009, a masonry company agreed to pay $500,000 to settle a Title VII lawsuit alleging race and national origin harassment of Hispanic employees. EEOC FY 2020 Annual Performance Report - natlawreview.com 1:11-cv-915 (E.D. In July 2008, a Chicago-based leading chemical manufacturer of high-quality surfactants, polymers, chemical specialties and cosmetic preservatives paid $175,000 to settle a class race discrimination and retaliation lawsuit filed by the EEOC. In October 2007, a trial court determined that EEOC is entitled to a trial on its claim that a Toyota car dealership engaged in a wholesale elimination of Blacks in management when it demoted and ultimately terminated all of its African American managers because of their race. According to the consent decree, Bass Pro will engage in good faith efforts to increase diversity by reaching out to minority colleges and technical schools, participating in job fairs in communities with large minority populations and post job openings in publications popular among Black and Hispanic communities. 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). In addition to prohibiting race discrimination and retaliation against Black employees at YRC's Chicago Heights facility, the decree also requires YRC to provide all Chicago Heights employees annual training on racial harassment and race discrimination and engage a Work Assignment Consultant and a Disciplinary Practice Consultant to assist it in reviewing and revising the company's work assignment and disciplinary policies and practices at the Chicago facility. In its complaint, the EEOC claimed that Black employees at the Chicago Ridge facility, which closed in 2009, were subjected to multiple incidents of hangman's nooses and racist graffiti, comments, and cartoons. 27, 2012). Equal Employment Opportunity Commission (EEOC) releases new information on systemic 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. The company also will receive additional training on its responsibilities under Title VII, will have to immediately report complaints to the human resources department, and must create a centralized system to track complaints. 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. According to evidence in the record, management denied the SOS the opportunity to the attend trainings necessary for promotion into a Security Officer Locksmith (SOL), citing budgetary reasons. Inc., Civil Action No. 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 EEOC lawsuit accused the owner of 28 Event Space of retaliating against an African American employee who was a witness in an earlier race discrimination claim against Profile Cabinet and Design. According to the EEOC, evidence at trial indicated that a White supervisor used "the N word" in reference to Black employees, called male Black employees "motherfucking boys," posted racially tinged materials in an employee break room, and accused Black employees of "always stealing and wanting welfare." The posting and training provisions of the Decree were also extended by two years. 15-3201 (7th Cir. According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. 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. According to the Commission's lawsuit, the hospital allegedly subjected a class of Black female employees to different terms and conditions of employment and segregation in job assignments because of their race. Fla. Jan. 27, 2017). The case, EEOC v. Wal-Mart Stores East, E.D. Sep. 21, 2010). Konos Agrees to Pay $175,000 to Settle EEOC Sexual Harassment and Retaliation Case. April 2, 2015). EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. 11-cv-08090 (C.D. Ultimately, the EEOC filed a lawsuit on Spaeth's behalf in January 2017. Additionally, at trial, he also admitted it did not bother him to hear racially derogatory language in the workplace. The Commission instead found that summary judgment in favor of Complainant was appropriate. and "redskins." The Commission affirmed the AJ's finding of discrimination and ordered the retroactive promotion of complainant, back pay, compensatory damages ($75,000), attorney's fees, and other relief. Supreme Court Rules In Cases Involving Age Discrimination, Traffic 1:07-cv-2829 (N.D. Ohio consent decree entered Apr. In August 2010, a North Carolina poultry processor entered a two-year consent decree agreeing to pay $40,000 to resolve an EEOC case alleging that the company engaged in unlawful retaliation. In June 2015, Pioneer Hotel, Inc. in Laughlin, Nevada agreed to pay $150,000 and furnish other relief to settle a national origin and color discrimination lawsuit filed by the EEOC. King-Lar's policies and training materials also must reference the name and contact information for the designated employee as well as an 800 number and website that employees can use to make anonymous complaints. In September 2012, the County of Kauai in Hawaii paid $120,000 to settle a federal charge of race harassment filed with the EEOC. The company withdrew its appeal on June 11, 2012 and agreed settle the case with the EEOC and plaintiff intervener for $1 million and court costs. 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. Additionally, the restaurant must train its employees in anti-discrimination laws and policies and impose appropriate disciplinary measures against supervisors who engage in discrimination. In July 2010, Area Temps, Inc., a northeast Ohio temporary labor agency, agreed to pay $650,000 to resolve an EEOC lawsuit alleging that the company engaged in a systematic practice of considering and assigning (or rejecting) job applicants by race, sex, Hispanic national origin and age. In January 2010, a Georgia car dealership agreed to pay $140,000 to settle a race discrimination suit. A Puerto Rican employee reported that a coworker said that the company was starting to look like an immigration camp because of all the Black and Hispanic employees. 2:09-cv-00923 (M.D. The Commission also ordered training of responsible officials, consideration of discipline, and the posting of a notice but rejected the AJ's award of $6,903.87 in closing costs for complainant's sale of his house as being too speculative to connect to the discriminatory conduct. 1:15-cv-00600 (D. Colo. consent decree filed Mar. Inc., No. Examples of the harassing conduct included persistent coded references to black employees as "you people," as well as offensive statements such as, "Black people are lazy," and "I better watch my wallet around you." The employee ultimately was fired after he complained to the company's safety manager about the harassment. Selected List of Pending and Resolved Cases Under the Age - US EEOC Wis. Judgment filed Feb. 25, 2014), aff'dl, EEOC v. Northern Star Hospitality, Inc., 777 F.3d 898 (7th Circ. The three-year consent decree also requires the company, which has stores in Arkansas, Missouri, and Mississippi, to train all managers and supervisors on preventing race discrimination and retaliation; create job descriptions for manager and assistant manager positions that outline the qualifications for each position; develop a written promotion policy that will include the procedures by which employees will be notified of promotional opportunities; report assistant manager and manager vacancies, the name and race of all applicants for the position, and the name of the successful candidate; report the names of all African Americans who are either hired or promoted to manager or assistant manager positions; and report any complaints of race discrimination and describe its investigation in response to the complaint. Valuing settlement offers. EEOC charged that many of the White employees hired had significantly less experience than the Black former employees represented by the EEOC, and in some cases had actually been trained by the same African American employees who were denied hire. Subsequent to the complaints, the employee was fired. EEOC alleged that an African American male sales supervisor subjected Cotton to derogatory comments about his age and made sexual advances towards him. 15, 2011). May 23, 2018. The jury here recognized, and apparently was quite offended, that Ms. Spaeth lost her job because of needless and unlawful inflexibility on the part of Walmart, said Gregory Gochanour, regional attorney of the EEOCs Chicago District Office. 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. 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. There was no evidence that the term or any other racial epithet was used after this meeting. EEOC v. Stone Pony Pizza, Inc., No. Tex. The EEOC's lawsuit charged that the staffing firms had discriminated against four Black temporary employees and a class of Black and non-Hispanic job applicants by failing to place or refer them for employment. The suit also alleged that at least one of the women was demoted in retaliation for opposing and complaining about unlawful employment practices. As part of the conciliation agreement, Reliable Nissan agreed to pay a total of $205,000 to three employees who filed discrimination charges with the EEOC and 11 other minority employees who were subjected to the hostile work environment. The loan processor applied for a promotion but was passed over for five lesser qualified Caucasian women aged between 23 and 30 who were based in various other branch offices, even though the processor had the best combination of relevant, objective scores that measured productivity, was "loan processor of the year" for 2007, the year immediately preceding the promotion decision, worked at the one of the largest and most profitable offices in the relevant district, and was the "go-to person" for the district on loan processing. Law360 (February 24, 2023, 4:10 PM EST) -- A Manhattan federal judge has ruled that a former boss in New York City's largest correction officers union should have his bribery sentence reduced and . According to the lawsuit, when the students met with the store manager, he briefly reviewed their applications and told them they were "not what he was looking for.". Under a two-year consent decree, Mercury Air Centers Inc. agreed to pay the settlement amount to at least seven employees who were allegedly subjected to "a barrage of harassing comments" by a Salvadoran co-worker at Bob Hope Airport. 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. The company also agreed to fulfill notice-posting, training, and reporting requirements. As such, the incident altered the condition of complainant's employment. The university discharged her in June 2008 upon a denial of her tenure appeal. The settlement requires Baker Farms to stop discriminatory practices on the basis of national origin or race, refrain from automatically filling jobs with H-2A workers, or foreign nationals who receive a visa to fill temporary agricultural jobs, without first considering American workers and institute a formal anti-discrimination policy by Aug. 1, in addition to the monetary relief. The alleged racial harassment largely involved a serial harasser who continually used racial slurs, including various permutations on "nigger," made references to the Ku Klux Klan openly and on a daily basis, and left a threatening message on a coworker's husband's answering machine. Equal Employment Opportunity Commission has asked a Colorado federal judge to alter a judgment, or at least grant a new trial, in its disability discrimination lawsuit against a Denver . The law on disability discrimination is clear and unequivocalit is illegal to discriminate against anyone at work due to their disability. In this Title VII case, EEOC claimed mineral lease provisions that require companies mining on the Navajo reservation in Arizona to give employment preferences to Navajos are unlawful. Pursuant to the settlement agreement, the restaurant will establish a telephone hotline which employees may use to raise any discrimination complaints, distribute a revised policy against discrimination and retaliation, and provide training to all employees against discrimination and retaliation. 3:10-cv-00681 (S.D. A .gov website belongs to an official government organization in the United States. 2:15-cv-00419-JES-CM (M.D. 1:09-cv-4272 (N.D. Ill. consent decree filed Aug. 23, 2012). 3:09-CV-00537 (D. Nev. Mar. In the lawsuit, EEOC alleged that the company subjected a Native American employee to continuous race-based harassment, which included co-workers calling him derogatory names and making insulting jokes about Native Americans over a period of years and then fired him when he continued to complain about the mistreatment. The record indicated that the policy was followed with respect to White comparatives, but was not followed in complainant's case. In July 2018, a Miami Beach hotel operator paid $2.5 million to settle an EEOC lawsuit that alleged the company had fired Black Haitian dishwashers who had complained about discrimination and replaced them with mostly light-skinned Hispanic workers. The EEOC filed its lawsuit (EEOC v. Walmart Stores East LP, in the U.S. District Court for the Eastern District of Wisconsin, Case No. In June 2019, Aarons Inc. paid $425,000 and provided anti-discrimination training to its New York City area workforce to settle a federal government lawsuit accusing it of racial harassment. Tales of Age Discrimination in the Courts - AARP EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. The Commission had alleged Ready Mix USA LLC, doing business as Couch Ready Mix USA LLC, subjected a class of African American males at Ready Mix's Montgomery-area facilities to a racially hostile work environment. The Commission also alleged that the company engaged in retaliation against workers who joined in the complaint. The Eleventh Circuit essentially agreed and concluded that the discriminatory comments constituted circumstantial evidence of discrimination sufficient to defeat summary judgment. According to the lawsuit, the employee who was the only African American worker at the site was daily subjected to racial slurs by coworkers which management refused to address. Rosebud is also required to recruit African-American applicants as well as train employees and managers about race discrimination. In addition, a White employee who opposed this type of race discrimination and complained that managers in the maintenance department were using racial slurs allegedly was fired shortly after the company learned of his complaints. $186,295 disability discrimination settlement for an applicant being denied employment for being blind. EEOC v. McCormick & Schmick's Restaurant Corp, No. Equal Employment Opportunity Commission (EEOC) discrimination allegations. 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. In August 2009, a Mississippi-based drilling company agreed to pay $50,000 to settle a Title VII lawsuit, alleging that four employees, three White and one Black, experienced racial harassment and retaliation while assigned to a remote drilling rig in Texas. EEOC v. A.C. Widenhouse Inc., No. 11-cv-2558-REB-CBS (D. Colo. Oct. 2, 2012). Erwin B. v. Dep't of Homeland Sec., EEOC Appeal No. Some discrimination or other violations are difficult to move on from, and these . EEOC v. Scully Distribution Servs. 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. 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 March 2020, Baltimore County-based Bay Country Professional Concrete paid $74,000 and furnished significant equitable relief to settle two federal harassment and retaliation lawsuits by the EEOC. 7:11-cv-134 (M.D. EEOC v. Rosebud Rest., No. In April 2010, the EEOC settled its lawsuit against Professional Building Systems for $118,000 and significant non-monetary relief after it had identified at least 12 Black employees who had been subjected to racial harassment there. In February 2020, a northern Indiana vending and coffee service provider paid $22,000 and provided other significant relief to resolve an EEOC race discrimination lawsuit alleging that the company discriminated against a Black applicant in filling vending service representative positions. According to the EEOC's complaint, the assistant manager subjected the Black stylist to racist slurs in two separate incidents occurring in March and April 2008. Despite the employees' complaints to management, the alleged race-based harassment continued. 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. The jury found that the retailer failed to accommodate Marlo Spaeth, a longtime employee with Down syndrome, and then fired her in July . .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 addition to paying $6 million, the company agreed to hire a criminologist to develop a new background check process that accounts for job applicants actual risk of recidivism. Pa. Jan. 6, 2012). Racial discrimination at work is the most common reason for a complaint to the Equal Employment Opportunities Commission (EEOC), accounting for nearly 33% of all charges filed in 2020. 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 2009, a telemarketing company agreed to pay $60,000 to a Black former employee who EEOC alleged was immediately terminated following a diabetic episode at work in violation of Title VII and the ADA.
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