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. 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. Retaliation claims remain the most common of all discrimination charges filed with the Equal Employment Opportunity Commission (EEOC). Find your nearest EEOC office Secure .gov websites use HTTPS According to the consent decree, "these policies and practices have resulted in a laborer workforce that is almost 100% Hispanic." 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 June 2012, Yellow Transportation Inc. and YRC Inc. agreed to settle for $11 million an EEOC suit alleging that the trucking companies permitted the racial harassment of Black employees at a now-closed Chicago Ridge, Ill., facility. The EEOC complaint stated that the African-American employee was subjected to derogatory remarks, such as use of the N-word, from both the restaurant's co-owner and customers. The dealership denied any liability or wrongdoing but will provide equal employment opportunity training, make reports, and post anti-discrimination notices. In one instance, the EEOC says a co-worker flaunted a swastika tattoo and talked about keeping the White race "pure." According to EEOC's lawsuit, Kimball applied for a vacant assembler job and interviewed with the company in January 2014. That's you!" In April 2015, Local 25 of the Sheet Metal Workers' International Association and its associated apprenticeship school agreed to create a back pay fund for a group of minority sheet metal workers in partial settlement of race discrimination claims against the local union. In November 2014, Battaglia Distributing Corporation paid $735,000 to a group of current and former African-American employees. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. EEOC v. Dolgencorp, LLC d/b/a Dollar General, No. 2011 U.S. Dist. In July 2010, one of the largest temporary placement agencies in Greater Cleveland area agreed to pay $650,000 to settle an employment discrimination lawsuit brought by the EEOC. EEOC v. L.A. In March 2014, Titan Waste Services, Inc., a Milton, Fla., waste disposal and recycling company, was ordered to pay $228,603 for violating federal law by harassing and then firing a truck driver because of his race. Wash. July 31, 2017 ). 15-1055 (4th Cir. The EEOC's suit had charged that the company unlawfully engaged in a pattern or practice of discrimination against American workers by firing virtually all American workers while retaining workers from Mexico during the 2009, 2010 and 2011 growing seasons. The decree also provides for posting anti-discrimination notices, record-keeping and reporting to the EEOC. 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. June 20, 2017), reh'g en banc denied (7th Cir. The dancers who refused to work at Black Diamonds were fined and sent home, and not allowed to work at Danny's. The harassment included racial slurs, explicit sexual comments and gestures and threats. In September 2014, Izza Bending Tube & Wire agreed to pay $45,000 to settle an EEOC suit alleging that the company retaliated against employee Myrna Peltonen when it demoted her and reduced her salary after she refused to discriminate against an African-American employee. Wis. Mar. According to the EEOC's investigation, when the dining manager complained, the customer turned on him, saying, "If you don't like it, why don't you go back to your country?" Pa. Dec. 16, 2016). The Commission affirmed the AJ's decision awarding $75,000.00 in non-pecuniary compensatory damages, restoration of sick leave, payment of attorneys fees and other expenses, and the dismantling of "the Box.". In November 2019, On The Border Acquisitions, LLC, doing business as On The Border Mexican Grill & Cantina (OTB), paid $100,000 and provided other relief to settle an EEOC race harassment lawsuit. In its complaint, the EEOC charged that the Chicago-area Italian restaurant chain violated federal civil rights laws by refusing to hire African-Americans because of their race. 11-cv-2558-REB-CBS (D. Colo. Oct. 2, 2012). 1:13-cv-00706 (M.D.N.C. brief filed June 22, 2015). It also will redistribute its anti-harassment policies and procedures and monitor its supervisors' compliance with equal employment opportunity laws. filed Sep. 29, 2012). Robinson later transferred to a lower-paid sales position to avoid the sales supervisor, but the sales supervisor ultimately transferred to a position in finance where he was responsible for approving paperwork on all sales, and he refused to process any of Robinson's sales transactions, causing Robinson to resign the same month. "The number of cases filed by the EEOC increased in a respectable climb back to pre-pandemic levels, forecasting a busy year ahead for the Commission and employers in FY . EEOC Says Nonprofit Fired Worker Over Hip Impairment Mar. In September 2018, Big 5 store in Oak Harbor, Island County settled a racial harassment and retaliation case for $165,000 and other remedial relief. As part of a five-year conciliation agreement, J.B. Hunt agreed to review and, if necessary, revise its hiring and selection policies to comply with EEOC's April 2012 enforcement guidance regarding employers' use of arrest and conviction records. consent decree approved Dec. 1, 2017). The complainant resigned and was replaced by a White junior account manager who earned a higher base salary than complainant had ever earned as an account manager. 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. Ark. In June 2007, the Commission affirmed its decision that complainant, a 48-year old Black male Supervisory Deputy with the U.S. Tex. Thus, the Commission found that the prima facie case and complainant's qualifications, combined with the agency's failure to provide a legitimate, nondiscriminatory reason for complainant's non-selection, warranted a finding of race discrimination. 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 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. The class of Black employees worked for C-1, Inc. Construction Company, a minority-owned subcontractor for Skanska. 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. 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. In September 2012, the judge entered a five-year consent decree resolving the EEOC's litigation against the hotel operators. EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. In June 2007, EEOC obtained $500,000 from a South Lyon, Mich., steel tubing company, which, after purchasing the assets of its predecessor company, allegedly refused to hire a class of African American former employees of the predecessor. In enforcing Title VII's prohibition of race and color discrimination, the EEOC has filed, resolved, and adjudicated a number of cases since 1964. 1:11-cv-09682 (S.D.N.Y. 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. Law360 (February 28, 2023, 8:52 PM EST) -- The U.S. The 2-year consent decree also requires the manufacturer to rehire the Black sales rep in its North Texas District at a higher salary with 3% commissions and relocation expenses up to $15,000. During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. The agency alleges these actions were motivated by race. The motion was approved by the court and the consent decree was entered on Oct. 23. 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. Here are the five agencies with more than 1,000 employees with the highest complaint rates in fiscal 2012: Government Printing Office: 1.22 percent. May 23, 2018. According to the EEOC's lawsuit, the company coded the preferences of clients who requested White caregivers, and made assignments based on the preferences. In September 2019, the EEOC Office of Federal Operations reversed an agency finding of no discrimination. According to the EEOC, the employee, who had 30 years of experience in the oil industry, reported the racial harassment to Torqued-Up's management, but instead of putting a stop to it, the company unlawfully retaliated against him. Selected Case Lists | U.S. Equal Employment Opportunity Commission The court affirmed the rest of the district court's judgment. The Commission claimed that the agency selected Hispanics regardless of prior experience, place in line or availability. EEOC v. Bass Pro Outdoor World LLC, Case No. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. The court rejected the company's claims that the EEOC had failed to state a claim in its complaint and that the suit was barred by laches. Both employees reported the racial harassment, but company supervisors and officers failed to address the hostile work environment. In April 2011, an architectural sheet metal company settled a racial harassment case for $160,000 in which the EEOC alleged that a White supervisor regularly referred to African-American employees with the epithet "n----r" and used other slurs and racial graffiti was on display in common areas and on company equipment. According to the complaint, a foreman regularly subjected the employee to racially driven comments, gestures, and threats, including calling him "boy," telling him that that "whites run things," and threatening to physically harm the employee. EEOC v. Crothall Servs. EEOC Cases Illustrate Examples of Unlawful Discrimination at Work 1981, and various state law provisions. 2:13-cv-2761 (W.D. 09-30558 (5th Cir. According to the EEOC's suit, Hospman fired several Black employees in August 2012 after taking over management responsibility of a Fort Myers hotel. 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. The decree also provides for posting anti-discrimination notices, record-keeping and reporting to the EEOC. 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. According to the lawsuit, Lesine and Ware allegedly were subjected to unwelcome derogatory racial comments and slurs made by a White coworker, including the repeated use of the "n" word. In addition to monetary relief, the four-year consent decree required Pioneer Hotel must hire a consultant to help implement policies, procedures and training for all workers to prevent discrimination, harassment and retaliation. The record indicated that the policy was followed with respect to White comparatives, but was not followed in complainant's case. Guessous v. Fairview Prop. EEOC v. Hillshire Brands Co. f/k/a Sara Lee Corp., No. The outcome of this 11th Circuit case holds important lessons for both workers and employers involved in alleged instances of discrimination and retaliation. In February 2020, a Texas-based fiberglass conduit and strut manufacturer implemented extensive hiring reforms and paid $225,000 to settle allegations by the EEOC that it refused to hire non-Hispanic individuals as laborers. The EEOC alleged in a December 2017 complaint that the rent-to-own furniture chain subjected Black employees at a Queens, N.Y., warehouse to racist name-calling by two managers. 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 June 2011, a national women's off-priced clothing retailer agreed to pay $246,500 and furnish other relief to 32 class members to settle a race discrimination lawsuit filed by the EEOC. The EEOC had charged that the company unlawfully retaliated against an employee for objecting to race discrimination. In September 2015, Cabela's Inc., an outdoor recreation merchandiser based in Sidney, Nebraska with 60 retail stores in 33 states, agreed to take nationwide measures to increase the diversity of its workforce to settle EEOC's allegations that the company discriminated in recruitment and hiring of minorities. According to the EEOC's suit, the supervisor of the mailroom in NYU's Elmer Holmes Bobst Library regularly subjected his assistant, who is a native of Ghana, to slurs such as "monkey" and "gorilla," and made comments such as "go back to your cage," "go back to the jungle," and "do you want a banana?" Tex. Other African-American employees were subjected to racial harassment, such as a White supervisor placing a hangman's noose on a piece of machinery. The consent decree also bolsters supervisor accountability and requires training on the requirements of Title VII for all managers, supervisors, and Human Resources personnel. 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 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 an EEOC lawsuit filed in September 2011 in a federal court in Pennsylvania, the executives of the cleaning company prohibited a White supervisor from hiring Black employees for a client in Concordsville, PA. Ex-Medical Co. Worker Can't Revive ADA Suit, 11th Circ. In August 2006, a major national public works contractor paid $125,000 to settle race, gender, national origin and religious discrimination and retaliation lawsuits brought by EEOC on behalf of a class of Black, Asian, and female electricians who were subjected to daily harassment due to their race, national origin, and/or gender by their immediate foremen, racial and otherwise offensive graffiti in plain sight at the workplace, and retaliation for complaining. The trade union, which is responsible for sheet metal journeypersons in northern New Jersey, allegedly discriminated against black and Hispanic journeypersons over a multi-year period in hiring and job assignments. In January 2010, the Sixth Circuit affirmed in part and reversed in part a district court's decision granting summary judgment to defendant Whirlpool Corporation in a racial hostile work environment case in which the EEOC participated as amicus curiae. Annually, defendants must provide copies of the decree to all supervisors and managers, and obtain signed statements that they have read the decree and agree to be bound by its terms. In May 2006, Orkin, Inc. paid $75,000 to settle a race discrimination lawsuit filed by the EEOC, alleging that Orkin refused to reinstate a Black former employee to a service manager position at the Memphis location and paid him less when he held the position because of his race. 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. 1. EEOC v. Regis Corp., Civil Action No. On these bases, the EEOC found that a class of individuals were harassed and discriminated against because of their race, Black; their national origin, Hispanic; or their association with a Black or Hispanic employee in violation of Title VII of the Civil Rights Act of 1964. The four temporary employees said while seeking employment through the company's Memphis area facilities, they witnessed Hispanic applicants getting preferential treatment in hiring and placement. EEOC legal staff resolved 165 merits lawsuits and filed 93 lawsuits alleging discrimination in FY 2020. 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.
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