7:11-cv-134 (M.D. 2:11-cv-02844 (W.D. In December 2004, the Commission affirmed an AJ's finding that a Black female complainant was subjected to discrimination on the basis of her race and sex with regard to the processing and approval of her application for telecommuting and her request for advanced sick leave. In August 2017, Ford Motor Company agreed to pay nearly $10.125 million to settle sex and race harassment investigation by the EEOC at two Ford plants in Chicago area. In March 2011, the Ninth Circuit affirmed the judgment of the district court against a major auto parts chain because it had permitted an African American female customer service representative (rep) to be sexually harassed by her Hispanic store manager. In August 2017, the EEOC affirmed an Administrative Judge's finding that the Department of Defense (Agency) had discriminated against Complainant when it did not select him for an Assistant Special Agent in Charge position. EEOC v. Shanska USA Building, Inc., No. The lawsuit indicated that the comments occurred almost daily and included things like telling the estimator he was the same color as human feces. 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. Under a three-year consent decree signed Nov. 10 by Judge Paul W. Grimm of the U.S. District Court for the District of Maryland, ACM Services Inc. will pay a combined $110,000 to the two Hispanic female workers who first brought the allegations to the EEOC's attention and will establish a class fund of $305,000 for other potential claimants to be identified by the agency. Additionally, the manager asked a Black hostess to "touch and suck his penis" and inappropriately grabbed her buttocks and breasts. According to EEOC's lawsuit, the complainant was hired as a junior account manager in the supplier's Baton Rouge, Louisiana office with an annual salary of $32,500, plus commissions. judgment and injunction entered Oct. 9, 2012). In the lawsuit, EEOC alleged that Day & Zimmerman, through its foreman at the Poletti Power Plant in Astoria, Queens, N.Y., had subjected Carlos Hughes to physical and verbal racial harassment that included racial insults and derogatory stories referring to African Americans as stupid and incompetent, as well as frequently tripping Hughes, and once kicking him in the buttocks. In the consent decree, the pizzeria agreed to provide equal employment and hiring opportunities in all positions and Title VII training for supervisors, managers, and owners. 1, 2013). The EEOC further charged that the company maintained a segregated work force and an established practice of not hiring males for cashier positions at the same locations. The jury awarded $15,000 in compensatory damages and $50,000 in punitive damages to the rep. 3:10-cv-00681 (S.D. 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. 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. According to the EEOC, the same supervisor hung a troll doll painted black with a Post-it affixed to the doll that read, "Clint King." Dec. 10, 2010). 9, 2012). In its complaint, the EEOC alleged that the managers of the company not only knew about the harassment and took no action to stop or prevent it, but also that a manager was one of the perpetrators of the harassment. EEOC v. Whirlpool Corp., No. In August 2010, a judge refused to dismiss an EEOC lawsuit alleging that a freight management company hired Hispanic workers to the exclusion of equally or more qualified non-Hispanic employees for non-management positions at a Wal-Mart distribution facility in Shelby, North Carolina. In September 2010, the EEOC had filed the lawsuit alleging that the company fired a Black Tanzanian network operations analyst because of her race and national origin. Thirteen Black employees intervened in the Commission action alleging violations of Title VII, 42 U.S.C. is the contrast in races." The harassment was both physical and verbal and included offensive comments based on race and national origin such as "nigger" and "African bastard" as well as explicit sexual expressions. The consent decree enjoins the company from engaging in any racial discrimination or retaliation and requires the company to post a remedial notice for two years. 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. Further, to demonstrate its strong and clear commitment to a workplace free of race and national origin discrimination, the agency agreed that if it advertises, it will devote a portion of its advertising budget to placing ads in diverse media outlets. A former attorney for the County of Kauai's Office of the Prosecuting Attorney, who is Caucasian, alleged that she was harassed due to her race by a top-level manager. The EEOC alleged that the temp agency violated federal law by matching workers with companies' requests for people of a certain race, age, gender and national origin and illegally profiling applicants according to their race and other demographic information using code words to describe its clients and applicants. The consent decree provided $255,000 in monetary relief: $105,000 to Charging Party and $150,000 for a settlement fund for eligible claimants as determined by EEOC. Under the consent decree, the principal of the company must attend an eight-hour training session on equal employment opportunity laws. Law360 (March 3, 2023, 7:02 PM EST) -- A nonprofit in Washington state failed to accommodate a janitor who asked to use an upright vacuum because of her degenerative hip impairment and fired her instead, the U.S. The awarded relief included punitive damages, compensatory damages, back pay, interest and tax-penalty offsets. Valuing settlement offers. The employee had developed complications early in her pregnancy, obtained a light duty assignment, but was not permitted to continue her light duty assignment after her doctor imposed lifting restrictions even though Hispanic managers routinely assigned pregnant Hispanic women to light duty work at the same time she was being denied the same opportunity. EEOC v. Williams Country Sausage, Civil Action No. EEOC v. Grand Central Partnership, Inc., No. Based on its investigation, the EEOC had found reasonable cause to believe that BBI discriminated against Illinois sales employees by offering them account and territory assignments that, when accepted, resulted in national origin or race discrimination, which violates Title VII of the Civil Right Act of 1964. She was also subjected to unequal terms and conditions of employment. even though the relevant union local is not a party to the suit. Ga. consent decree filed 12/10/12). No. 0720100034 (Apr. Defendants moved for dismissal arguing (1) Africa is not a nation and so cannot serve as the basis of a national origin claim, (2) EEOC failed to allege any shared cultural or linguistic characteristics between the aggrieved individuals so they could not constitute a protected class; and (3) the EEOC's retaliation claim must be dismissed because EEOC failed to allege protected activity or the Defendants had knowledge of the white supervisor's motivations. In most cases, changes to procedures and policies are required to appease the charging party. Defendant investigated the racial incidents, but failed to interview two Black employee witnesses and fired the clerk in part for the hood and cross comment he made. The EEOC's lawsuit charged that Olympia subjected Adrian Soles, Anthony Moorer and George McWilliams to racial slurs and intimidation. In addition to the monetary relief, the consent decree required the company to distribute a formal, written anti-discrimination policy; provide periodic training to all its employees on the policy and on Title VII's prohibition against national origin and race discrimination; send periodic reports to the EEOC concerning employees who are fired or resign; and post a "Notice to Employees" concerning this lawsuit. 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. Equal Employment Opportunity Commission and Tonya Battle, Charging Party, and Hurley Medical Center, Respondent," Detroit Field Office, September 26, 2013. 1-800-669-6820 (TTY) In one instance, the EEOC says a co-worker flaunted a swastika tattoo and talked about keeping the White race "pure." EEOC v. Prestige Transp. 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. Fla. Dec. x, 2012). Although the company denied liability for the harassment, the three-year consent decree enjoins the company from engaging in further retaliation, race discrimination, or racial harassment, including associational bias. A long time ago Blacks were doing this for free"; "At one time, you people would not be paid"; and "Blacks work for free." Under the proposed two-year consent decree, PBM Graphics Inc. would place the settlement funds in escrow for distribution later among non-Hispanic workers identified by EEOC as victims of the alleged national origin discrimination. 1:14cv5579 (7th Cir. 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. According to the EEOC's complaint, Crothall used criminal background checks to make hiring decisions without making and keeping required records that disclose the impact criminal history assessments have on persons identifiable by race, sex, or ethnic group, a violation of Title VII of the Civil Rights Act of 1965. The JATC imposed this severe sanction despite the apprentice satisfactorily completing virtually the entire eight-term program and despite his complaints about inadequate on-the-job training from biased contractors. Mar. Aug. 16, 2011). In January 2012, a Johnson City, N.Y -based cleaning company agreed to pay $450,000 to 15 former employees to settle a hiring discrimination and retaliation case. More information is available at www.eeoc.gov. EEOC v. M. Slavin & Sons Ltd., No. In December 2018, Maritime Autowash (later known as Phase 2 Investments, Inc.) paid $300,000 in monetary relief and furnished equitable relief to settle an EEOC race and national origin discrimination lawsuit. The EEOC charged that Hospman's former chief executive officer ordered the housekeeping supervisor to terminate all of the housekeepers - all but one of whom were Black - because he did not work with "those kind of people." Official websites use .gov The EEOC also found that the company retaliated against employees who complained about the harassment or discrimination. In October 2012, a district court ruled that the EEOC proved that a construction site where a White supervisor regularly used racial slurs was objectively a hostile work environment for Black employees under Title VII of the 1964 Civil Rights Act. In October 2010, defendants, a Spring, Texas, new and used car dealership and its general partner, agreed to pay $160,000 and provide neutral references indicating their eligibility for rehire to a 50-year-old White male used car salesperson (Robinson) and a 50-year-old African American male used car salesperson (Cotton). 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 its lawsuit, the EEOC charged that Bahama Breeze managers committed numerous and persistent acts of racial harassment against Black employees, including frequently addressing Black staff with slurs such as "n.r," "Aunt Jemima," "homeboy," "stupid n.r," and "you people." In November 2012, Alliant Techsystems Inc. paid $100,000 to settle an EEOC suit alleging that the company violated Title VII when it refused to hire an African-American woman for a technical support job at its offices in Edina because of her race. The class of Black employees worked for C-1, Inc. Construction Company, a minority-owned subcontractor for Skanska. The supplier promoted complainant, but did not increase his base salary. 2440 Other Civil Rights 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. Ala. Dec. 2016). Should Maritime reopen and reactivate its Maryland facilities, it shall be enjoined from creating or maintaining a hostile work environment and inferior economic terms and conditions of employment on the basis of national origin or race. 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. EEOC v. for American Casing & Equipment Inc., Civil Action No. The Agency was ordered, among other things, to offer Complainant the position or a substantially similar position, and pay her appropriate back pay, interest, and benefits. Finally, the company must keep records of each future complaint related to race, national origin, or retaliation and furnish written reports to the EEOC regarding any potential complaints. Under the two-year consent decree, the company is enjoined from engaging in retaliation, must instate a new policy on retaliation, and provide two hours of Title VII (including retaliation) training to all personnel in Little Rock. Testimony in the record showed that the approving official was biased against those of complainant's race, particularly males. EEOC alleged that the African fuelers reported the harassment verbally and in writing, including by signing a written petition and delivering it to the office of Swissport's general manager at the Phoenix facility to try to stop the harassment, but the abuse continued. 10-955 (D. Utah Oct. 10, 2012). Plaintiff Monica Guessous is an Arab-American Muslim woman from Morocco who worked for Fairview Property Investments, LLC until she was terminated from her position as a bookkeeping assistant by her supervisor, Greg Washenko, Fairview's Chief Financial Officer. Action No. The agency was ordered to reinstate complainant to a Registered Nurse position in a different work area, with back pay and benefits, pay complainant $10,000 in compensatory damages, and provide training to her former unit. EEOC v. PBM Graphics Inc., No. The EEOC sued the company for violating the Pregnancy Discrimination Act, as the company discriminated against Rowe based on her pregnancy and related medical condition. WMN-09-cv-984 (D. Md. Rosebud is also required to recruit African-American applicants as well as train employees and managers about race discrimination. Scully denied all of EEOC's allegations, but it and its successor Ryder System Inc. agreed to resolve the suit. The decree also provided for significant injunctive relief, including revising the company's anti-discrimination policy; promulgating and disseminating it to employees; providing a copy of that policy to the EEOC; providing mandatory Title VII training to supervisory and non-supervisory employees and entertainers; making periodic reports of its compliance to the EEOC; and posting a notice the policy in its workplace. The contempt action charged that Danny's breached the terms of an agreement it entered into with the EEOC to resolve a racial discrimination and retaliation lawsuit. On April 26, 2011, Whirlpool appealed the judgment to the U.S. Court of Appeals for the Sixth Circuit. After screening qualified candidates using a Best Qualified (BQ) grid, the primary panel interviewed the five highest-scoring candidates, including Complainant. 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.