In the first lawsuit, the EEOC charged that Bay Country's owner repeatedly used racial slurs and fired a secretary in retaliation for her opposition to the racial harassment. Complainant indicated that the coworker who also was the president of the local union sent her an email with the subject line Asshole and stated the following: If [Complainant] wasnt such a N** who would run an[d] yell racism tomorrow. 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. 3:12-cv-3069(LTS) (N.D. Iowa consent decree granted June 24, 2013). 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. Marshal, with back pay and benefits, and pay complainant $50,000.00 and attorney's fees. 11-cv-11296 (E.D. 22, 2012). 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. 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. The EEOC also claimed that four White employees were harassed by their White co-workers because they associated with African-American employees. According to the EEOC's suit, Skanska violated federal law by allowing workers to subject a class of Black employees who were working as buck hoist operators to racial harassment, and by firing them for complaining to Skanska about the misconduct. The EEOC had charged the company with subjecting a Black Liberian employee to harassment because of his race and national origin and two Hispanic employees, one Colombian and the other Puerto Rican, to harassment based on national origin at one of its work sites in Greensboro, N.C. A lock ( The decree provided $355,000 in monetary relief to approximately 75 African-American former housekeeping employees and applicants and required training, notice posting, reinstatement of three former housekeeping employees, a new hiring procedure for housekeeping employees and ordered that the defendants maintain employment-related records. consent decree filed Sep. 8, 2015). In this case, the EEOC alleged that a White consultant visited the car dealership three to four times a week and never missed an opportunity to make racially derogatory comments towards the Black sales manager and almost always in the presence of other people. Wis., No. 10, 2014). Blanket prohibitions are not in accordance with the agency's policy guidance on the subject, which was reissued on April 25, 2010. 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 turn, officials at the U.S. On January 15, 2011, the corporation asked that the damages be reduced because, inter alia, the plant where the victim had worked had closed. Tenn. Aug. 11, 2011). Brief filed Sept. 22, 2014). 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. The code words at issue included "chocolate cupcake" for young African American women, "hockey player" for a young White male, "figure skater" for White females, "basketball player" for Black males, and "small hands" for females in general. According to the EEOC's suit, a Black maintenance mechanic at the Taylor Shellfish's Samish Bay Farm faced repeated demeaning comments about his race, including the use of the "N word," "spook" and "boy." EEOC v. AutoZone, Inc., No. The jury found that the retailer failed to accommodate Marlo Spaeth, a longtime employee with Down syndrome, and then fired her in July . The company's motion to dismiss argued that the EEOC's complaint should be dismissed because it did not identify the victims of the alleged hiring discrimination. 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. 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 addition to the monetary damages to the three men, the two-year consent decree requires GNT Foods to provide employment discrimination training to its employees, to post its policies and anti-discrimination notice, and to comply with reporting and monitoring requirements. Of those 88 employees, 70 were Black. EEOC v. Swissport Fueling, Inc., No. 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. In April 2015, a federal judge denied a motion to dismiss a claim of racial discrimination in hiring against Rosebud Restaurants, the U.S. 71 Civ. Tex. In November 2017, after an extensive five-year, complicated systemic investigation and settlement efforts, the EEOC reached an agreement with Lone Star Community College covering recruitment, hiring and mentoring of African-American and Hispanic applicants and employees. In August 2015, Target Corp. settled for $2.8 million an EEOC charge that the retailer's former tests for hiring for professional jobs discriminated against applicants based on race, sex and disability. Ark.Apr. The company also agreed to implement training at all of its plants in a bid to end consolidated suits from the EEOC and former worker Stanley Beaty. Sep. 21, 2011). Equal Employment Opportunity Commission have found a workaround: Close more cases without investigating them. The plaintiff was able to file a lawsuit against this company with the help of the EEOC and was given a . For Deaf/Hard of Hearing callers:
In June 2010, the EEOC obtained a ruling by the Ninth Circuit that permits the Commission to pursue injunctive relief to stop a coal company mining in the Navajo Nation from discriminating in employment against non-Navajo Indians. After being subjected to racial slurs and witnessing a supervisor display a noose with a black stuffed animal hanging from it, the employee complained. 1:07-cv-02964 (N.D. Ohio consent decree filed July 21, 2010). Additionally, the manager asked a Black hostess to "touch and suck his penis" and inappropriately grabbed her buttocks and breasts. In September 2005, the nation's largest maker and retailer of wooden play systems agreed to pay six people a total of $275,000 to resolve an EEOC lawsuit, which alleged that the company's owner pursued a policy of limiting the hiring and promotion opportunities of African Americans and Hispanics and fired a White district manager in retaliation for recommending two Blacks for district manager openings after telling him that "our customers can't relate to minorities and therefore we must be choosy who we hire.". After the noose incident, the Black employee quit his job and filed a constructive discharge suit. 7:14-cv-00136 (M.D. 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. EEOC had alleged that the retailer denied employment to Caucasian applicants since early 2007. The settlement follows conciliation of an EEOC charge under Title VII of the 1964 Civil Rights Act over claims that an African-American job candidate was denied a truck driver position at a J.B. Hunt facility in San Bernardino, Calif., in 2009 based on a criminal conviction record, which the EEOC contends was unrelated to the duties of the job. Should a court find a Title VII violation and issue such an injunction, Peabody and the Navajo Nation could file a third-party complaint against the Interior Secretary under Rule 14(a) to prevent the Secretary from seeking to enforce the lease provisions or cancel the leases, it said. The complaint also alleged that defendant failed to retain employment applications. Evidence indicated that the restaurant had a practice of hiring only White people as bartenders. 2:10-cv-02101(GMS) (D. Ariz. Nov. 25, 2014). Ultimately, the EEOC filed a lawsuit on Spaeth's behalf in January 2017. The suit also alleged that the owner made sex and race-based insults to a class of other employees and retaliated against them when the complained or cooperated with the EEOC's investigation. In March 2005, the Commission found that a federal employee's supervisor subjected him to hostile work environment harassment when he used a historically-offensive racist slur (n-word) in the employee's presence and at least once in reference to him; treated him less favorably than he did White employees; verbally abused him; and subjected him to hazardous working conditions because of complainant's race (African-American). In June 2013, the EEOC and J.B. Hunt Transport Inc. settled a race discrimination charge alleging the nationwide transportation company engaged in unlawful race discrimination by rejecting a Black truck driver applicant because of a prior criminal conviction unrelated to his prospective job duties. The manager was given a written warning for "shop talk" and "horseplay." Under Pepsi's former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense." The salary of the complainant, the only African American account manager in his region, was never increased despite good performance or even when he assumed the accounts of two White employees who left the company. Pursuant to a 3-year consent decree, 13 complainants would receive $871,000 and attorney's fees and costs. Cal. 2:11-cv-01588-LRH-GWF (D. Nev. June 17, 2015). In September 2014, McCormick & Schmick's settled a 2008 EEOC lawsuit, alleging a pattern or practice of race discrimination against African-American job applicants by refusing to hire them for front-of-the-house positions and by denying equal work assignments because of their race. Equal . 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 March 2014, Olympia Construction, Inc. paid $100,000 jointly to three former employees to resolve a race harassment and retaliation lawsuit filed by the EEOC. EEOC v. Rugo Stone, LLC, Civil Action No. 11-805 (M.D.N.C. 18, 2012). 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. Several of the Black plaintiffs also testified about the presence of racial graffiti in the plant bearing similar messages, including "KKK everywhere," "go home sand niggers," and "Jesus suffered, so the niggers must suffer too, or Blacks must suffer, too.". 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 June 2011, a district court ruled that the EEOC could proceed with its two Title VII cases alleging race, national origin, and religion discrimination by a meatpacking firm against a class of Black Somali Muslim workers at its facilities in Greeley, Colo., and Grand Island, Neb. Additionally, the EEOC, the NAACP and Falcon Foundry signed a conciliation agreement that requires Falcon Foundry to pay substantial monetary relief to identified victims; hold managers and supervisors accountable for discrimination in the workplace and provide ongoing training to all employees; revise its policies and procedures for dealing with discrimination; and report to the EEOC for the agreement's multi-year term. 5:11CV00134 (W.D.N.C. The suit also alleged that at least one of the women was demoted in retaliation for opposing and complaining about unlawful employment practices. The lawsuit asserts that, after the warehouse worker spoke to management about race discrimination because a non-Hispanic co-worker received a larger raise, he was told that if he was going to accuse the company of discrimination, they "should part ways." The decree enjoins the company from racial coding and prohibits race-based caregiver assignments. The company also will provide 2 hours of training annually to recruiters and HR personnel on Title VII, with a special emphasis on the discriminatory assignment of caregivers based on the racial preferences of clients.EEOC v. HiCare, Inc., dba Home Instead Senior Care, No. . Furthermore, the foreman, who wore a swastika on his arm, stated that he had "cut an African from the belly to the neck" and that he "likes killing blacks and Mexicans." 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 . Roadway also assigned Chicago Heights employees to segregated work groups. The EEOC had alleged that the provider had recruited through media directed at Eastern European immigrants and Hispanics and hired people from those groups over African Americans, and that the provider's use of subjective decisionmaking had a disparate impact on African Americans. In February 2008, a restaurant agreed to pay $165,000 to resolve a Title VII lawsuit EEOC brought on behalf of a dining manager who was Arab and Moroccan because he and an Arab waiter from Tunisia allegedly had been subjected to customer harassment based on race and national origin and then the manager was fired in retaliation for opposing the harassment. Miss. [2] As the Sixth Circuit explained: "A White employee who is discharged because his child is biracial is discriminated against on the basis of his race, even though the root animus for the discrimination is a prejudice against the biracial child" because "the essence of the alleged discrimination . Guessous v. Fairview Prop. EEOC v. Rosebud Restaurants, Inc., Civil Action No. June 20, 2014). Tenn. Sep. 7, 2016). 4:10-CV-002070-SWW (E.D. 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. Scully denied all of EEOC's allegations, but it and its successor Ryder System Inc. agreed to resolve the suit. 3:10-cv-01960 (N.D. Tex. Mich. Mar. The hotel also agreed to conduct antidiscrimination training and implement procedures to investigate discrimination complaints. Additionally, the restaurant will overhaul its hiring procedures and has agreed to institute practices aimed at meeting hiring targets consistent with the labor market in each of the locations in which it has facilities. In February 2009, the Sixth Circuit published a favorable decision in a Title VII associational discrimination case in which the EEOC participated as amicus curiae. The AJ awarded 28 months of back pay and 24 months of from pay; lost benefits; compensatory damages of $120,000 for physical and mental pain and suffering; and approximately $40,000 in attorney's fees and costs. Finally, the EEOC alleged that FAPS' employment application contained improper pre-employment medical inquiries in violation of the ADA. 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. The court also enjoined the company from discriminating on the basis of race or protected conduct in violation of Title VII. She did so and purportedly was later told by the recruiter that Alliant wanted to hire her and that she would be contacted by the company's Human Resources Department. Choctaw has also been ordered to maintain records of discrimination complaints, provide annual reports to the EEOC, and post a notice to employees about the lawsuit that includes the EEOC's contact information. In its lawsuit, the EEOC had alleged that the employee's supervisors subjected him to racial epithets and asked if he was a "black man or a n----r." The Commission further alleged that, following his complaints of racial discrimination, the company demoted and later discharged the employee. John Linehan contested his removal as chief deputy coroner by the elected coroner, who is African American. EEOC v. Bankers Asset Management, Inc., No. Rosebud is also required to recruit African-American applicants as well as train employees and managers about race discrimination. 103, 103 (1972). 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. The Court also took issue with KCSR's failure to document the reasons for the terminations and inability to identify the decisionmaker. The AJ found that the harassment ultimately led to proposed disciplinary action and complainant's constructive discharge. According to the EEOC's lawsuit, the store manager of the Port Huron, Mich., location made derogatory, race-based comments to the only African American employee. In addition, the EEOC asserted that Latino / brown-skinned workers were told not to speak Spanish during their break times. 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. Memphis Health Center, Inc.: Case Nos. The harassment included the White coworkers calling the Black employee racial slurs such as "spook," "spade" and "Buckwheat." The EEOC's suit alleged that qualified African-Americans and Hispanics were routinely denied retail positions such as cashier, sales associate, team leader, supervisor, manager and other positions at many Bass Pro stores nationwide and that managers at Bass Pro stores in the Houston area, in Louisiana, and elsewhere made overtly racially derogatory remarks acknowledging the discriminatory practices, including that hiring Black candidates did not fit the corporate profile. The EEOC noted that Complainant discussed her experience as Acting Division Secretary in her KSA responses, and, contrary to the Agency's assertion, made numerous references to acting as a Division Secretary in her application. EEOC v. AutoZone, Inc., No. Thank you to them and to my colleagues at the EEOC whose excellent work investigating and litigating the case made this important verdict possible..
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