Complainant filed an EEO complaint alleging that the U.S. Department of Transportation discriminated against her on the bases of race (African-American) and color (Black), when on November 11, 2016, she was subjected to harassment by a coworker. 3:10-cv-01960 (N.D. Tex. In its lawsuit, the EEOC asserted that the Piggly Wiggly locations owned by MWR Enterprises Inc. II violated federal law by maintaining policies and practices that intentionally failed to hire African-Americans because of their race for positions at the company's Piggly Wiggly store in Hartsville and Lafayette. The evidence of record established, however, that the "DAN" comment was unlikely used in complainant's presence as he could not recall who said it and he conceded it was not directed at him. In addition, former employees alleged that Hispanic workers were routinely exposed to racist graffiti, which the company never addressed. The complainant suffered debilitating and career-ending shoulder, neck, arm, and back injuries and lapsed into a major depression. Case Information Case Title. EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. 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. Further, the EEOC alleged that the harasser belittled the various religious beliefs of employees, including calling a professed Christian "weak-minded" and allegedly telling another employee that she should have an abortion because she already had a child, and that she was her own God and could control her own destiny. 1:09-cv-4272 (N.D. Ill. consent decree filed Aug. 23, 2012). 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. Following a hearing, the AJ found that the U.S. Department of Agriculture (Agency) discriminated against Complainant on the bases of race and age when it did not select him for a. Contracting Officer position. According to the EEOC's lawsuit, MPW subjected two African-American employees to racial harassment, including hangman's nooses, racial epithets, racist comments and jokes, and an alleged KKK meeting at the worksite. EEOC alleged that an African American male sales supervisor subjected Cotton to derogatory comments about his age and made sexual advances towards him. 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. EEOC had alleged that for the past eight years the restaurant engaged in racial and sexual harassment. Harassment of the teen included calling him a "Black [S.O.B. Although this can potentially happen, typically, you may be able to resolve the matter earlier through negotiations directly between your counsel and counsel for your employer or mediation. J.B. Hunt also reached a private settlement with the alleged discrimination victim, who filed an EEOC charge after being denied a job at J.B. Hunt's San Bernardino, Calif., facility in 2009. Under the terms of the consent decree, if the company resumes operations, it will have to implement an anti-discrimination policy and report to the EEOC all discrimination complaints and information regarding its hiring practices during the term of the decree. The consent decree also requires four hours of Title VII training for all Video Only employees. Mae P. v. Equal Employment Opportunity Commission, EEOC Appeal No. According to the EEOC's lawsuit, the companys employees and warehouse manager verbally harassed an African American employee based on his race by calling him racial slurs and making offensive comments about Black people in his presence. During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. 9:15-cv-04047-CWH-BM (D.S.C. 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. In October 2019, the EEOCs Office of Federal Operation found that the U.S. Bureau of Prisons (BOP) Devens Federal Medical Center in Ayer, MA discriminated against a Hispanic female former Health Information Technician on the basis of race and sex when a supervisor gave her an unwarranted negative reference which cost her the job. Additionally, two coworkers attempted to put his head in a noose that was hanging in the warehouse; the warehouse manager saw the noose and laughed despite company policies that obligated him to report the harassment. The firm was also ordered to allocate $20million in salary increases for minority employees, $35million in diversity training, and the establishment of an equality task force at . But in a race . The prison officer job would have meant the Hispanic employee would have had as much or greater authority as her current supervisor. On April 26, 2011, Whirlpool appealed the judgment to the U.S. Court of Appeals for the Sixth Circuit. Black employees alleged that the supervisors allowed the behavior to continue unchecked. The record showed that complainant had a close working relationship with White managers, which the selecting official held against her because of her race. As such, the incident altered the condition of complainant's employment. 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. Windings adopted a written affirmative action plan, and will seek out applications from qualified minority applicants, including African-Americans. 4:11-cv-03425 (S.D. In pertinent part, the EEOC alleged that Black employees at AFP were subjected to intimidation, ridicule, insults, racially offensive comments and jokes, and cartoons and images that denigrated African-Americans. reopened after dismissal due to bankruptcy Mar. In May 2009, the federal district court in Minnesota dismissed the EEOC's lawsuit alleging that a Minneapolis-based company provided contract human resources services to more than 37,000 entities, allegedly disciplined and fired a Ph.D. social worker because of his race (African American) and his complaints about race discrimination. During her work tenure, Washenko made several derogatory comments about Morrocans, Muslims and Middle Easterns, often referring to them as "terrorists" and "crooks." However, none of the lawsuits filed in January were publicized. 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. April 2, 2015). Other Holmes employees used the term "n----r-rigging" while working there, and racist graffiti was evident both inside and outside portable toilets on the work site. Wis. Judgment filed Feb. 25, 2014), aff'dl, EEOC v. Northern Star Hospitality, Inc., 777 F.3d 898 (7th Circ. Mar. In December 2005, EEOC resolved this Title VII lawsuit alleging that a fast food conglomerate subjected a Black female employee and other non-White restaurant staff members (some of them minors) to a hostile work environment based on race. In November 2004, in a case against an upstate New York a computer parts manufacturer, EEOC alleged that Native American employees were subjected to frequent name-calling, war whoops, and other derogatory statements (comments about being "on the warpath" and about scalpings, alcohol abuse, and living in tepees). In February 2012, the owners of Piggly Wiggly supermarkets in Hartsville and Lafayette, Tenn., agreed to pay $40,000 to settle a race and gender discrimination lawsuit filed by the EEOC. In January 2017, Hospman LLC paid $35,000 and furnish other relief to settle a race discrimination lawsuit filed by the EEOC. In June 2007, the Commission affirmed its decision that complainant, a 48-year old Black male Supervisory Deputy with the U.S. 1-800-669-6820 (TTY)
Although based on a single incident, the noose was a sufficiently severe racial symbol with violent implications that equates to a death threat. Cal. The display included a dollar bill with a noose around George Washington's neck and drawings of a man on horseback and a hooded figure with "KKK" written on his hood. 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 record also revealed that it was the agency's policy to afford remedial training and an opportunity to correct behavior before removing candidates from the training program. The agreement included some novel relief, such as: implementation of a new applicant tracking system; establishing an advisory committee focused on the recruitment, development and retention of minority groups; hiring of recruitment firms; developing new interview protocol training; establishing a mentoring program for recently hired minority employees; and updating job descriptions for all college manager positions to require as a job component the diversity of its workforce. In September 2007, the EEOC filed a Title VII racial harassment case against a food and beverage distributor, alleging that the company subjected a Black employee to a racially hostile work environment when a co-worker repeatedly called him "Cornelius" in reference to an ape character from the movie, "Planet of the Apes," management officials were aware of the term's racially derogatory reference to the employee and an ape character from the movie, but terminated his employment once he objected to the racial harassment. EEOC also charged Scully gave non-White drivers less favorable job assignments than their White counterparts. In addition, the EEOC asserted that Latino / brown-skinned workers were told not to speak Spanish during their break times. The non-White physicians represented different races and national origins, including Asian, Native American, Nigerian, Puerto Rican, and Pakistani. In March 2008, a national restaurant chain entered a consent decree agreeing to pay $30,000 to resolve an EEOC case charging that the company gave African-American food servers inferior and lesser-paying job assignments by denying them assignments of larger parties with greater resulting tips and income, by denying them better paying assignments to banquets at the restaurant, and by failing on some occasions to give them assignments to any customers. In some of those cases, the EEOC found evidence of . Tex. 3:10-cv-00901 (M.D. The company then purportedly fired the two employees, stating they had lied. 2:15-cv-00419-JES-CM (M.D. The EEOC's suit also alleged that, about a week after the distributor finally removed the graffiti, a second message appeared, this time stating "KKK I hate N*****s." The EEOC alleged that this second message remained visible for over three months after the employee alerted the EEOC to the situation. 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. Some of the logistics employees had been employed at BMW for several years, working for the various logistics services providers utilized by BMW since the opening of the plant in 1994. According to the EEOC lawsuit, an over 40, African-American female employee who worked in loss prevention at several Sears stores in the Oklahoma City area, from 1982 until her termination in March of 2010, was passed over for promotion to supervisor several times beginning in 2007 in favor of younger, less experienced, White males. The EEOC claimed that former manager who hired her, was suspended and then fired after he refused to comply with the owner's request. The U.S. 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. Tenn. consent decree filed Dec. 5, 2014). The three-year consent decree resolving the litigation contains significant injunctive relief requiring Bahama Breeze to update its EEO policies nationwide, provide anti-discrimination and diversity training to its managers and employees, and provide written reports regarding discrimination complaints. Additionally, the lawsuit charged that Hamilton Growers provided lesser job opportunities to American workers by assigning them to pick vegetables in fields which had already been picked by foreign workers, which resulted in Americans earning less pay than their Mexican counterparts. Bowers v. Dep't of Transp., EEOC Appeal No. The settlement agreement resolves an EEOC commissioner's charge filed against the company. and "I fought two wars to get rid of people like you!" The court granted preliminary approval of a proposed consent decree, but it must grant final approval following a fairness hearing before the decree takes effect. EEOC v. Sealy of Minn., (D. Minn. Apr. Because trial evidence also showed that AA Foundries lacked effective internal procedures to handle discrimination complaints, it must conduct at least one hour of equal employment opportunity training for all employees within 60 days of the court's Oct. 9 order. The Court also affirmed the punitive damages award because a reasonable juror could conclude that the company had not acted in good faith to comply with Title VII when the human resources manager threatened to terminate the rep for hitting the store manager while defending herself against the sexual assault. In December 2014, three related well-servicing companies agreed to pay $1.2 million to settle allegations by the Equal Employment Opportunity Commission of verbal abuse of minority employees. Washington A lawsuit challenging the abortion pill filed by anti-abortion rights advocates in federal court in Texas has put the spotlight on the judge . In each incident, the assistant manager made references to African-Americans using the N-word. 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. LockA locked padlock Pursuant to a three-year consent decree, the store also is required to provide training and ensure that it has appropriate anti-harassment policies in place. Besides the monetary compensation, the five year consent decree requires FAPS to meet substantial hiring goals for African-Americans; give hiring priority to rejected class members who are interested in working at the company; use recruiting methods designed to increase the African-American applicant pool; and hire an EEO coordinator to ensure compliance with Title VII. Additionally, at the conclusion of her final interview, defendant's managing director allegedly told the Black applicant she was "obviously qualified for the position." According to the EEOC, the JATC violated the court's previous orders by summarily discharging the apprentice for alleged poor performance just days before he was to complete the program and be promoted to journeyman status. For employers, the importance of responding strategically to such charges cannot be understated. 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 decree also permanently enjoins race discrimination, racial harassment, and retaliation, and requires the contractor to implement antidiscrimination policies, complaint procedures with multiple avenues for complaining about discrimination, harassment, and retaliation, guidelines for prompt and thorough investigation of each such complaint or report (whether verbal or written), procedures for compiling and maintaining an investigative file, and EEO training for all managers, supervisors, and other employees. 09 CV 7693 (N.D. Ill. preliminary approval granted June 28, 2012). consent decree entered Aug. 1, 2014). Guessous v. Fairview Prop. One week before the class was to graduate, the third and last Black student was removed from the program. The parties entered a three-year consent decree on July 30, 2008, which enjoins the company from engaging in racial discrimination or retaliation and requires the company to institute an equal employment opportunity policy and distribute this new policy to its employees. Spaeth had worked for the company for approximately 16 years and had consistently received positive performance evaluations from her managers, according to evidence presented at trial. Wis. Mar. An analysis of hours and wages showed African-American and Hispanic workers received fewer hours of work than their white co-workers during most of this same timeframe. Additionally, Hamilton Growers agreed to exercise good faith in hiring and retaining qualified workers of American national origin and African-American workers for all farm work positions, including supervisory positions; will implement non-discriminatory hiring measures, which include targeted recruitment and advertising, appointment of a compliance official, and training for positive equal employment opportunity management practices; will create a termination appeal process; extend rehire offers to aggrieved individuals from the 2009-2012 growing seasons; provide transportation for American workers; and limit contact between the alleged discriminating management officials and American workers. In September 2007, a federal district court in Arizona granted a motion to dismiss the EEOC's race discrimination case against a northern Arizona hospital. The evidence in that case was both severe and pervasive because the workplace featured Nazi symbols, racially graphic and threatening graffiti with messages to kill Black people, displays of nooses and swastikas in work areas open to Black employees, racial slurs and epithets, an open display of KKK videos in the employee lounge areas and circulation of political literature by David Duke, a known KKK leader. In enforcing Title VII's prohibition of race and color discrimination, the EEOC has filed, resolved, and adjudicated a number of cases since 1964. Stay connected with the latest EEOC news by subscribing to our email updates. In November 2011, a furniture company operating in several locations in Puerto Rico, agreed to pay $40,000 and furnish other relief to settle a charge of retaliation at a worksite in San Juan. 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. N.C. June 2016). Additionally, the lawsuit alleged that the supervisor responsible for determining job assignments used racial slurs such as "pinche negro," the n-word, and other racially derogatory comments to refer to the Black employee. The EEOC said that a noose was displayed in the worksite, that derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred. CHICAGO - An eight-member jury in Green Bay, Wisconsin returned a verdict of $125,150,000 in favor of the U.S. In December 2010, Roadway Express, a less-than-truckload motor carrier with terminals throughout North America, settled the claims of two lawsuits alleging racial harassment of Black employees and race discrimination in terms and conditions of employment at two Illinois facilities. 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 Commission claimed that the company illegally granted placement preferences to Hispanic temps over African American temps. In September 2019, Lexington Treatment Associates, a Delaware-based limited liability company that owns and operates methadone clinics in North Carolina, paid $110,000 and provided other relief to settle a racial harassment lawsuit brought by the EEOC. 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 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. 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. According to the suit, the concrete finisher complained about the harassment and Bay Country fired him in retaliation the same day. 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. Miss. The employee also was subjected to national origin discrimination based on her name and accent when the district supervisor allegedly excluded the employee from staff meetings because he said the other employees could not understand her accent and asked her to change her name because the customers could not pronounce it. The lawsuit alleged that a Swissport manager routinely called the African fuelers "monkeys" in various degrading ways. In July 2006, EEOC reached a $100,000 settlement in its Title VII lawsuit against a Springfield, Missouri grocery chain alleging that a Black assistant manager was subjected to racially derogatory comments and epithets and was permanently suspended in retaliation for complaining about his store manager's racial harassment of him and the manager's sexual harassment of another worker. .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. 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 September 2007, EEOC upheld an Administrative Judge's (AJ) default judgment in favor of complainant, a Staff Nurse Supervisor, who had alleged race discrimination when she was not selected for a Nurse Manager position. 4:13-cv-92(SA)(JMV) (N.D. Miss. ACM also subjected the two charging parties to harassment based on sex, national origin and race, and it retaliated against them for opposing the mistreatment-and against one of them based on her association with Black people-by firing them, the commission alleged. Cases Climbing Back Up. The court observed that the site superintendent, Paul E. Facer, referred to the African-American employees as "n----rs" or a variation of that word almost every time he spoke to them. In April 2008, a national video store entered a consent decree to pay $80,000 and to provide neutral references for the claimant in resolution of the EEOC's Title VII lawsuit against it. The agency was ordered to appoint complainant to the position of Assistant Chief Deputy U.S. The lawsuit also alleged that the estimator was told that his religion (Islam), was "f---ing backwards," and "f---ing crazy," and was asked why Muslims are such "monkeys." According to the consent decree, "these policies and practices have resulted in a laborer workforce that is almost 100% Hispanic." The decision remanded the matter to the Agency for a determination on Complainants entitlement to compensatory damages, for training and reconsideration of discipline for the co-worker, for training for management focusing on addressing harassment, and for consideration of disciplinary action against the management officials who failed to respond to Complainants claims of harassment in a prompt manner. A noose was displayed in the worksite, derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred. Following the determination, the County of Kauai entered into an over two-year conciliation agreement with the EEOC and the alleged victim. Based on interview scores, Selectee was chosen. The suit alleged that the manufacturer subjected a Black full-time sales representative to different terms and conditions of employment when it removed him from top accounts, assigned him to poorer producing accounts, and then terminated him even though he continued to perform successfully, while failing to discharge any of the poorer performing White sales executives. EEOC v. MBM Corp., No. In April 2011, the EEOC affirmed an agency's final decision because the preponderance of the evidence of record did not establish that discrimination occurred. 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.". The consent decree also bolsters supervisor accountability and requires training on the requirements of Title VII for all managers, supervisors, and Human Resources personnel. In a ruling last year, Judge Dale A. Kimball found that the Bratchers and class member James Buie were subjected to an objectively hostile work environment based on race. In September 2012, an Indianapolis hotel agreed to pay $355,000 to settle a job discrimination case with the EEOC. The law on disability discrimination is clear and unequivocalit is illegal to discriminate against anyone at work due to their disability. The decision then determined that the Agency erred finding that it took prompt action. In March 2007, the owners of a Louisiana motel agreed to pay $140,000 to charging party and three other claimants who alleged that the motel would not hire them for front-desk positions because they are African American. EEOC alleged that, instead of promoting one older Black employee, the company promoted a 28-year old Caucasian employee with seven months of experience and who did not meet the stated criteria for the position. In September 2010, the EEOC filed a lawsuit against a Union City, Tenn., pork company, alleging that the company engaged in race discrimination by paying an African-American maintenance worker less than non-Black employees, subjecting him to a hostile work environment, and forcing him out of his job.
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