1981), which were consolidated for purposes of settlement. 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. 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. Defendant will file annual audit reports with the EEOC summarizing each complaint of race or sex (male) discrimination, or retaliation, it receives at its Pfluggerville, Texas location and its disposition. The consent decree enjoins the video store from discriminating on the basis of race, color, or national origin and requires the store to post a remedial notice in the store in question and the EEO Poster in all locations across the country. In March 2012, a Fairfax County, Va.-based stone contracting company agreed to pay $40,000 and furnish other significant relief to settle an EEOC lawsuit alleging national origin, religion and color discrimination. 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. The agreement resolves a lawsuit filed by the EEOC in September 2011. The EEOC's lawsuit charged that Olympia subjected Adrian Soles, Anthony Moorer and George McWilliams to racial slurs and intimidation. 71 Civ. The AJ determined that Complainant's qualifications were plainly superior to the Selectee's qualifications in that Complainant had more years of contracting experience, had contracting experience involving more complex matters and higher monetary amounts, and had more years of supervisory experience. 2, 2017). The chain was charged with refusing to hire African-American applicants and having managers who used racial slurs to refer to African-Americans. The Commission argued in this appeal that the district court erred in dismissing the case because the general manager's repeated references to the plaintiff's race and age, such as "you're the wrong color" and "you're too old" along with plaintiff's supervisor's comment to her, "old white bi" shortly before the general manager and supervisor terminated plaintiff were sufficient to establish a prima facie case and to provide evidence of pretext. 24, 2015). The EEOC had charged that the company subjected Hispanic and Asian/Filipino employees to derogatory comments and slurs based on their race and/or national origin. Marshals Service, was not selected for the position of Assistant Chief Deputy U.S. In September 2012, the County of Kauai in Hawaii paid $120,000 to settle a federal charge of race harassment filed with the EEOC. The EEOC presented evidence that a change Walmart made to Spaeths longstanding work schedule caused her significant difficulty. The company also agreed to fulfill notice-posting, training, and reporting requirements. Equal Employment Opportunity Commission and Tonya Battle, Charging Party, and Hurley Medical Center, Respondent," Detroit Field Office, September 26, 2013. Ga. dismissal order filed Aug. 11, 2015). In March 2017, an Illinois sheet metal and HVAC company paid $325,000 to settle EEOC charges that it subjected a Black Puerto Rican worker to national origin, race and color harassment that culminated in a brutal physical assault. EEOC v. Sealy of Minn., (D. Minn. Apr. 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. 0520170446 (Nov. 3, 2017). According to the lawsuit, EEOC alleged from at least 1993 to the present, a White foreman repeatedly used racial slurs toward Black workers, that the company assigned Black employees to the most difficult, dirty, and least desirable jobs, that the roofing contractor systematically excluded Black employees from promotion opportunities, and that the company retaliated against those who complained. In October 2007, the EEOC resolved a discrimination lawsuit alleging race and age discrimination for $48,000. The three-year consent decree enjoins Maritime from retaliating in the future against any individual for asserting his or her rights under Title VII or otherwise engaging in protected activity. The court denied Dollar General's motion for summary judgment and the parties ultimately entered a two-year consent decree requiring Dollar General to maintain effective anti-discrimination policies, distribute the policies to all newly hired employees, and provide management training on anti-discrimination laws and other injunctive relief to ensure discrimination complaints are promptly reported and investigated. In March 2011, EEOC filed a lawsuit alleging that a provider of preventive maintenance for residential and commercial heating and air conditioning systems, which has approximately 247 employees at 13 locations within Florida, Georgia, the District of Columbia, Northern Virginia and Maryland, violated federal law by discriminating against non-Caucasian employees based on their race when it paid them less than their Caucasian colleagues. The agency employs about 570, down roughly 150 from a decade ago. EEOC v. for American Casing & Equipment Inc., Civil Action No. EEOC v. Outokumpu Stainless USA, LLC, No. When the supervisor was unable to establish who made the comment, he convened all the welders and threatened disciplinary action if the term was used again. The university discharged her in June 2008 upon a denial of her tenure appeal. Over the years, the EEOC has investigated numerous job discrimination complaints brought by young workers. The other employee was forced to resign. Below is an inexhaustive list of significant EEOC private or federal sector cases from 2003 to present. Complainant also stated that the Director, who was extensively involved in the selection yet did not testify at the hearing, made several comments that revealed a discriminatory intent. Based on interview scores, Selectee was chosen. Mich. Mar. In January 2017, Hospman LLC paid $35,000 and furnish other relief to settle a race discrimination lawsuit filed by the EEOC. In April 2009, a private historically Black college located in Columbia, S.C. agreed to settle a Title VII lawsuit alleging that it discriminated against three White faculty members because of their race when it failed torenew their teaching contracts for the 2005-2006 school year, effectively terminating them. In November 2007, the Commission upheld an Administrative Judge's finding of discrimination on the bases of race (African-American), sex (female), and disability (cervical strain/sprain) when complainant was not accommodated with a high back chair. In February 2011, the EEOC settled a suit against a Portland-based seafood processor and distributor for $85,000 on behalf of a warehouse worker. Despite the employees' complaints to management, the alleged race-based harassment continued. 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. In August 2009, a Mississippi-based drilling company agreed to pay $50,000 to settle a Title VII lawsuit, alleging that four employees, three White and one Black, experienced racial harassment and retaliation while assigned to a remote drilling rig in Texas. In November 2011, one of the nation's largest retailers will pay $100,000 and furnish other relief to settle the EEOC's race, sex and age discrimination and retaliation lawsuit. The Commission ordered the retroactive promotion of complainant, back pay, compensatory damages ($5,000), attorney's fees, and other relief. EEOC asserted in the lawsuit that the farm harassed Jamaican migrant workers and forced them to pay rent while permitting non-Jamaicans to live in housing rent-free in violation of Title VII. The EEOC's guidance recommends evaluating: the nature and gravity of the offense or conduct; the time that has passed since the conviction and/or completion of the sentence; and the nature of the job sought prior to disqualifying a candidate with such a record. EEOC v. Bankers Asset Management, Inc., No. The motion was approved by the court and the consent decree was entered on Oct. 23. In June 2005, an AJ found direct evidence of retaliation and circumstantial evidence of race discrimination where the agency's managers did not act on the Black complainant's plea for mail handling assistance for many months before the complainant injured himself. The record showed that complainant was not rated as "marginal" and that the Manager who made the decision to terminate complainant conceded that complainant passed all required tests. The lawsuit alleged that a Black employee was asked if he could read because a lot of you guys cant read, and that a general manager referred to Black employees as monkeys or Africans and many other accusations. The company is expressly enjoined from "utilizing the criminal background check guidelines" challenged by the EEOC in its lawsuit, the decree states. The same manager allegedly referred to one Black employee as "gorilla" while the employee was holding a banana. Though the company hired 52 of its predecessor's former employees, none of them were Black. Two recent lawsuits filed by the U.S. 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. The EEOC states that workers at two of the manufacturer's facilities had "subjected female and African-American employees to sexual and racial harassment.". EEOC v. KCSR, No. The EEOC charged in its lawsuit that a class of African American males at Ready Mix's Montgomery-area facilities was subjected to a racially hostile work environment. The company has agreed to adopt an online employee handbook and other documents spelling out company policies and practices; to post all vacancies for marketing company president; to provide training on discrimination and retaliation to all board members; and to provide periodic reports to the EEOC. According to EEOC's complaint, the company gave raises and paid higher salaries to all maintenance department employees except the department's lone African-American employee because of racial animus and allowed a supervisor to regularly use racially offensive language toward the Black employee, causing the employee to quit his job to escape the abuse. 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 December 2009, a national grocery chain paid $8.9 million to resolve three lawsuits collectively alleging race, color, national origin and retaliation discrimination, affecting 168 former and current employees. Nov. 9, 2015) (fee ruling). In November 2006, the EEOC affirmed an AJ's findings that a federal employee complainant was not selected for promotion to Team Leader based on race (African American), sex (female) and age (DOB 2/14/54), notwithstanding her qualifications, and that she was subjected to discriminatory harassment by the same management official. EEOC v. NYU, No. 6 min read. EEOC v. Wells Fargo Financial Michigan, Inc., Case No. In July 2010, Area Temps, Inc., a northeast Ohio temporary labor agency, agreed to pay $650,000 to resolve an EEOC lawsuit alleging that the company engaged in a systematic practice of considering and assigning (or rejecting) job applicants by race, sex, Hispanic national origin and age. In January 2020, Jacksonville Plumbers and Pipefitters Joint Apprenticeship and Training Trust (JPPJATT), which sponsors an apprenticeship program that trains participants to work in the plumbing and pipefitting industries in Northern Florida, revised its selection process, paid $207,500 and provided other significant equitable relief to settle EEOCs class race discrimination lawsuit which sought relief for applicants who allegedly were denied apprenticeship positions because they were Black. 10-955 (D. Utah Oct. 10, 2012). The EEOC found the Agency's explanation to be "so fraught with contradiction as not to be credible," and thus, a pretext for discrimination. 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. 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 alleged harassment included a manager's regular use of the "n-word" to refer to the Black employees and "sp*c" or "ignorant immigrants" to refer to the Hispanic employees. The lawsuit also alleged that when he complained, the company demoted the Black supervisor, changed his work assignments, hours, and conditions and then fired him. In June 2015, a Laughlin hotel has agreed to pay $150,000 to six Latino or brown-skinned workers who were "subjected to a barrage of highly offensive and derogatory comments about their national origin and/or skin color since 2006." The consent decree enjoins the company from engaging in racial discrimination. 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. Equal Employment Opportunity Commission has asked a Colorado federal judge to alter a judgment, or at least grant a new trial, in its disability discrimination lawsuit against a Denver . Additionally, Reliable Nissan agreed to review its policies and procedures to ensure that employees have a mechanism for reporting discrimination and to make certain that each complaint will be appropriately investigated. Examples of the harassing conduct included persistent coded references to black employees as "you people," as well as offensive statements such as, "Black people are lazy," and "I better watch my wallet around you." Despite being considered a stellar performer, following her e-mail, the DM was reprimanded, threatened with a PIP, accused of being disloyal to the company, and terminated. EEOC had alleged that the company segregated the Black employees from non-Black employees and illegally fired a class of Black employees in violation of Title VII. Under a two-year consent decree, the company is prohibited from engaging in discrimination based on race or unlawful retaliation in the future and must provide training on federal anti-discrimination laws, including preventing harassment. The racial harassment included a male shift leader's frequent use of "nigger" and his exhortations that Whites were a superior race. In January 2007, the Commission found discrimination based on race (African-American) when a federal employee was not selected for the position of Criminal Investigator despite plainly superior qualifications as compared to the selectee. The three-year consent decree provides that the company also will take meaningful steps toward ensuring a work environment that is free from harassment by redistributing its anti-discrimination policy and providing annual anti-harassment training for certain human resources professionals and managers. Several individuals complained to management, but their complaints were minimized or ignored, the complaint alleged. Many cases have somewhere between a 20% and 80% chance of winning. An EEOC Administrative Judge's finding that a blanket policy excluding employees with Type I and II Diabetes adversely impacted African Americans and Native Americans resulted in a settlement and change in policy. The racial hostility manifested as racist graffiti, racial epithets, and the hanging of a noose at a Salt Lake City rail yard. 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. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. Co., Inc., 1:10-cv-01248-JDB-egb (W.D. The judgment also assessed $37,197.00 in monetary damages against Ethio Express. The EEOC alleged that Lawler violated Title VII by engaging in a pattern or practice of intentionally failing to hire black and other non-Hispanic applicants for jobs, and by using hiring practices, including word-of-mouth recruiting and advertising a Spanish-language preference, that had an adverse disparate impact on black and other non-Hispanic applicants without any business justification.
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