Subsequent to the complaints, the employee was fired. The agency also found that the company discriminated against black and Hispanic employees in the selection of lead positions at the St. Paul facility. The EEOC charged in its lawsuit that the general manager who worked at both the Best Western Evergreen Inn (formerly La Quinta Federal Way) and Best Western Tacoma Dome persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of federal law. EEOC v. Prestige Transp. I am familiar with EEOC cases and have fought and won . In May 2010, an apartment management company paid $90,000 in monetary relief and agreed to provide affirmative relief to settle an EEOC lawsuit alleging that the company violated Title VII by firing a White manager in retaliation for hiring a Black employee in contravention of a directive by one of the owners to maintain a "certain look" in the office, which did not include African Americans. In April 2007, a Pennsylvania hot dog franchise entered a consent decree with the EEOC agreeing to pay $7,500, to post a remedial notice in the restaurant, to semi-annually report on any future complaints alleging racial discrimination to the EEOC for a period of four years, and to provide Title VII training to all supervisors and managers. The EEOC asserted that the military contractor engaged in racial harassment and retaliation after it allegedly permitted a Latino supervisor and White co-workers to subject an African American electrician to racial jokes, slurs and threats daily for a year. A Black assistant superintendent said that his contact information was saved in his supervisors cell phone contacts as BBG and when he called the phone would say Big, Black gorilla is calling and the ringtone would make gorilla sounds. Pursuant to the agreement, the EEOC will conduct non-discrimination training for all Hurley staff each year and will examine any progress made to see if more needs to be done. Nine of the ten plaintiffs were Black employees. 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. 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. Mich. Mar. Bowers v. Dep't of Transp., EEOC Appeal No. After several employees filed racial harassment charges with the EEOC, a noose was displayed in the workplace. But in a race . May 28, 2013). Four nurses filed discrimination lawsuits after a Hurley staff member allegedly posted a note with the father's instructions. The company also must revise its anti-discrimination policy; provide employee training on the revised policy; and develop a procedure for investigating complaints of race discrimination and harassment and evaluating supervisors' compliance with the revised anti-discrimination policy. See also Resolution Agreement between the U.S. Department of Health and Human Services Office for Civil Rights and Hurley Medical Center, 13-156114, (July 31, 2014 available at http://www.hhs.gov/ocr/civilrights/activities/agreements/hurley.html). 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. In July 2007, the EEOC received a favorable jury verdict in its Title VII lawsuit against the Great Atlantic & Pacific Tea Company (A&P) alleging that a Black senior manager terminated a White manager because of his race. 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. The EEOC also found that the company retaliated against employees who complained about the harassment or discrimination. The case, Yarbrough, et . 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. 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. In March 2012, a northern Nevada company agreed to pay $50,000 to a Black driver to settle an EEOC lawsuit alleging racial harassment and retaliation. EEOC v. MWR Enterprises Inc., II, C.A. The jury awarded the former employees $50,000 in compensatory damages and $75,000 each in punitive damages. The 3-year consent decree enjoins defendant's Golden, Colorado facility from discriminating on the basis of race and from retaliation. Meanwhile, in the same timeframe, management approved such training for two similarly situated White officers who were eventually promoted to SOL. The lawsuit alleged that since November 2012, a White manager harassed the worker of Filipino heritage by directing racial slurs ("non-white m----f----r," "non-white guy," "spic," "n----r," "monkey" and "ape") at him, jabbing him with a finger in the stomach and chest, and once urinating on his leg while he worked under a truck. The jury awarded them more than $1.4 million. In June 2017, the Seventh Circuit affirmed the district court's grant of summary judgment on the Commission's race segregation claim brought pursuant to 42 U.S.C. In September 2010, a mineral company agreed to pay $440,000 and other relief to settle a class race discrimination and retaliation lawsuit. In November 2007, the district court ruled in favor of the EEOC in its Title VII suit alleging that a Texas transportation shuttle service discriminated against African American drivers in favor of native African drivers by denying them the more profitable routes, sending them to destinations where no passengers awaited pickup, and misappropriating tips earned by the Black American drivers and instead giving them to the African drivers. It must also place a notation in the personnel file of both managers stating that they were the subject of a racial harassment complaint. In severe cases, the EEOC will sue on the employee's behalf; in other cases, the EEOC will issue a right to sue order to the employee. In addition to monetary relief, the company has agreed to provide anti-discrimination training to all of its employees and additional training on harassment and retaliation to all supervisors, managers and owners. Where a client indicates a preference not to have a caregiver of a certain race, and there is a risk that the client will become violent, the facility will notify the caregiver, who can choose to refuse the assignment. The court also entered a three-year injunction, enjoining the defendants from: discharging employees in retaliation for complaints about racially offensive postings in their workplace; failing to adopt policies that explicitly prohibit actions made unlawful under Title VII; failing to adopt an investigative process with regard to discrimination claims; and failing to provide annual training regarding Title VII to Chris Brekken, who owns all interests in the three corporate defendants, and other managers. Inc., Civil Action No. The EEOC alleged that the distributor's supervisors, including the Black employee's supervisor, used that restroom, yet the racist message remained for 30 days after he complained. In June 2007, the company hired a White male for the IT job. After Titan's attorney withdrew from the case, the court found Titan did not continue to assert its defenses and ignored several orders of the court, displaying a reckless and willful disregard for the judicial proceedings. Further, the Manger did not consult with the instructors before making the decision, but instead relied upon one individual who was clearly hostile toward complainant and who the AJ found was not credible. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. EEOC alleged that the company failed to accommodate the Muslim workers' religious beliefs by hindering their prayer breaks and Ramadan observances, and that supervisors and co-workers harassed the Somali workers by uttering vulgar epithets and throwing bones, meat, and blood at them. Among other relief provided under the decree, Battaglia also will provide its managers with training on Title VII and report regularly to the EEOC on any complaints it has received, as well as provide other data to demonstrate that it has not retaliated against any of the participants in the litigation. 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. Airline Settles EEOC Suit Claiming It Fired Pregnant Worker; March 01, 2023. Here's Why Retaliation Claims Are Easier To Prove In Court Than Maritime allegedly failed to offer them promotion or advancement opportunities to key employee or cashier positions, despite their tenure and outstanding job performance, and paid many class members only the minimum wage despite years of service, while paying non-Hispanic workers higher wages and promoting them. The EEOC charged that the company, a New York-based real estate management company, allowed Charles Lesine and Marlin Ware to be harassed from late 2007 to November 2011 at Grandeagle Apartments, a residential complex in Greenville, South Carolina, that DHD managed. EEOC alleged that the company refused to hire Black applicants because it was concerned that its customers would be uncomfortable with a Black man coming to their home and would be intimidated by him. They alleged a soon-to-be salon manager told them that she did not want African-Americans working in the salon. In addition to the monetary relief, the consent decree requires the store chain to post a remedial notice, provide semi-annual training to managers and supervisors on employee and applicant rights under Title VII and employer obligations under Title VII, and report applicant data and any future complaints related to racial discrimination to the EEOC. In November 2010, a company which transports saltwater from oil wells and has facilities in Quitman, Arizona settled for $75,000 the EEOC's lawsuit alleging that it subjected a Black truck driver and another Black employee at its Quitman location to racial harassment, which included racial jokes and racially derogatory language (e.g., "nigger"); gave them fewer work assignments than White employees because of their race; and further reduced the driver's work assignments because of his complaints about racial discrimination and suspended and discharged him because of his race and his complaints about racial discrimination. Among other reasons for removal, the coroner testified that he disagreed with Linehan's attempts to discipline certain subordinate employees. 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. Hostile Work Environment Settlement : Seattle City Light workers win bias lawsuit. 2:11-cv-01588-LRH-GWF (D. Nev. settlement June 18, 2015). In June 2007, the Commission affirmed its decision that complainant, a 48-year old Black male Supervisory Deputy with the U.S. When the selectee arrived at the store on her starting date, she was informed that she could not be hired due to her race because there would have been too many African Americans at the store. In April 2015, a federal judge denied a motion to dismiss a claim of racial discrimination in hiring against Rosebud Restaurants, the U.S. OFO rejected the Agencys explanation that the BQ scoring grid failed to consider years of nursing experience within specialty care clinics, noting that Selectee was considerably less experienced than Complainant. In October 2005, the EEOC obtained $650,000 for named claimants and an additional $70,000 for "unknown class members" in a Title VII lawsuit alleging that the owner of assisted living and other senior facilities in 14 states engaged in discriminatory hiring practices based on race and/or color. Complainant had approximately 30 years experience as an RN, supervisor, assistant director, and manager. 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 February 2009, a discount retail chain agreed to pay $7,500 to resolve an EEOC lawsuit alleging that Title VII was violated when a light skinned Black female manager subjected darker skinned African American employees to a hostile and abusive work environment because of their color. Discrimination cases filed by the U.S. On September 22, 2010, the Eighth Circuit affirmed the district court on all federal law claims and remanded the claimant's state law claim. The EEOC will monitor compliance with the conciliation agreement. Egg Producer Allowed Supervisor to Sexually Harass Female Employee, Then Retaliated Against Her When She . Specifically, the EEOC alleged that after learning the results of the criminal background checks around July 2008, BMW denied plant access to 88 logistics employees, resulting in their termination from the previous logistics provider and denial of hire by the new logistics services provider for work at BMW. The agency stated that the selectees were chosen because their skills and qualifications fit the agency's needs. For example, an area supervisor responded to employee complaints by telling the complainants they could quit or by saying that he was sick of everyone coming to him and that everyone simply needed to do their jobs. The settlement this month between the U.S. EEOC v. Bloom at Belfair, No. and "I fought two wars to get rid of people like you!" [1] For another human trafficking case, see EEOC v. Trans Bay Steel, 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. Individuals who believe they may have been victims of discrimination may file a complaint at https://civilrights.justice.gov/. In most cases, changes to procedures and policies are required to appease the charging party. EEOC v. US Foods, Inc. fka U.S. Foodservice, Inc., Civil Action No. The EEOC also alleged that the company forced Black workers at the Concordville worksite to sit in the back of the cafeteria during breaks, and ultimately barred them from the cafeteria altogether The company later fired the entire crew, replacing them with all non-Black workers. The substantial jury verdict in this case sends a strong message to employers that disability discrimination is unacceptable in our nations workplaces, said EEOC Chair Charlotte A. Burrows. In April 2011, a long-term care facility located approximately four miles from Little Rock, Ark agreed to pay $22,000 in back pay and compensatory damages to settle an EEOC retaliation case. The university discharged her in June 2008 upon a denial of her tenure appeal. An official website of the United States government. consent decree filed July 11, 2014). According to the EEOC's lawsuit, the employee was racially harassed by his white supervisor. Thank you to them and to my colleagues at the EEOC whose excellent work investigating and litigating the case made this important verdict possible.. The only black front desk attendant also was terminated, while other non-Black front desk workers were allowed to continue their employment. 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. At work. The facility complied with the patient's request by informing Plaintiff "in writing everyday that 'no Black' assistants should enter this resident's room or provide her with care." 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. Please read the list below for the name of the company, the type of discrimination, and the basis of the action, and follow the link for each case to learn . The EEOC also charged that their supervising chefs referred to the affected dishwashers as f-----g Haitians, and slaves and reprimanded them for speaking Creole, even amongst themselves, while Hispanic employees were permitted to speak Spanish. The 18-month consent decree enjoined DSW from future race discrimination and unlawful retaliation; required that DSW will provide training on federal laws and store policies prohibiting discrimination and retaliation and reporting regarding any internal complaints of alleged race discrimination or retaliation. After one of the women complained, her hours were cut and she was eventually terminated. 3:12-CV-681-DPF-FKB (SD. The EEOC filed an amicus brief in the case on behalf of the pro se plaintiff, a 65-year old white female front desk clerk, who repeatedly had been told she was "too old" and "the wrong color" by the hotel general manager who terminated her. The EEOC's 2012 lawsuit against the union alleged that the union advocated for an unlawful promotional process that had a disparate impact on African-American promotional candidates even after it learned that the EEOC had received charges challenging the citys promotion practices. The consent decree requires other equitable relief, including reporting and training. 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. In August 2015, the EEOC won a judgment of more than $365,000 against the Bliss Cabaret strip club and its parent company this week after a Black bartender was allegedly fired based on her race. For Deaf/Hard of Hearing callers:
In addition to the monetary relief, the new consent decree requires the developer to conduct extensive training on investigating discrimination complaints, including methods for proper documentation and unbiased assessment of witness credibility. 2887 (LAK) (S.D.N.Y. Workplace Racial Discrimination Cases That Can Affect Your Chances of a Successful Lawsuit. The EEOC also charged that Maritime discriminated against the Hispanic class members in their terms and conditions of employment, such as forcing them to perform other duties without additional compensation and denying them proper safety equipment or clothing. In May 2009, an Illinois construction company agreed to pay $630,000 to settle a class action race discrimination suit, alleging that it laid off Black employees after they had worked for the company for short periods of time, but retained White employees for long-term employment. Spaeths request was a simple one and denying it profoundly altered her life.. 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. The complaint alleges that AutoZone attempted in 2012 to redistribute the non-Hispanic workers at its auto parts retail location at S. Kedzie Ave and W. 49th Street in Gage Park. The applicant was qualified for the job as he passed the job-related assessment tests, and had previous work experience as an assembler. 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. Blacks were termed "n-----s" and Hispanics termed "s---s;" offensive graffiti in the men's restroom, which included racial and ethnic slurs, depictions of lynchings, swastikas, and White supremacist and anti-immigrant statements, was so offensive that several employees would relieve themselves outside the building or go home at lunchtime rather than use the restroom. even in the absence of the identification of an individual job applicant who was rejected because of his race." The racial harassment included a male shift leader's frequent use of "nigger" and his exhortations that Whites were a superior race. Agreeing with the position taken by the Commission as amicus curiae, the court of appeals held that there is no prerequisite degree or type of association between two individuals of different races in order to state a claim for associational discrimination or harassment, so long as the plaintiff can show that she was discriminated against because of her association with a person of a different race.