The EEOC's lawsuit alleged that the company discriminated against Mohammad Kaleemuddin because he is of the Islamic faith and of East Indian descent, and against 13 other employees because they are Black or Hispanic when a supervisor referred to Kaleemuddin as "terrorist," "Taliban," "Osama" and "Al-Qaeda," to the Black employees as "n----s" and to Hispanics as "f-----g Mexicans." Defendant did not announce the promotion until two months after Charging Party had begun the new job and did not issue Charging Party a cell telephone or a company e-mail address during his tenure in the position. Ala. Feb. 3, 2012). When the Black employee complained, no action was taken and the mistreatment continued. An official website of the United States government. At summary judgment, the district court denied in part the company's motion, stating that the company ignored both the extreme symbolism of a noose and that a reasonable jury could conclude that the worksite had at least some racial tension given the other nooses, threats, and racial epithets that each African-American employee experienced, and that the noose was intended to intimidate all African-Americans. The AJ found that the harassment ultimately led to proposed disciplinary action and complainant's constructive discharge. 2:13-cv-155 (S.D. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. In July 2014, the apprenticeship school affiliated with a New Jersey construction trade union will pay $34,500 and provide substantial remedial relief to settle a discrimination claim by the EEOC, alleging that the Joint Apprenticeship and Training Committee of Sheet Metal Workers Local 25 discharged a Black apprentice because of his race just two weeks before he was to graduate from the four-year apprenticeship program. In September 2009, a supply company in Arizona agreed to pay $49,500 to settle an EEOC lawsuit that alleged the company assigned an African American employee and his Hispanic team member to less desirable, lower-paying jobs than their Caucasian counterparts because of the Black employee's race. The lawsuit alleged that management at the company's Brooklyn facility routinely subjected more than 30 Black and African male loaders and drivers to sexual and racial harassment and retaliated against employees who complained. In August 2007, a renowned French chef agreed to pay $80,000 to settle claims that his upscale Manhattan restaurant discriminated against Hispanic workers and Asian employees from Bangladesh in job assignments. The only black front desk attendant also was terminated, while other non-Black front desk workers were allowed to continue their employment. 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. & New Mercer Commons, Civ. The company agreed to pay $45,000 to the biracial employee, to create a policy on racial harassment, and to train the owner, managers and employees about how to prevent and address race discrimination in the workplace. After firing several of the Black employees, the store manager resigned in protest and the general manager fired the remaining African American employees himself. No. According to the EEOC's lawsuit, another African-American employee complained to a high-level executive at the company, but, again, no action was taken to stop or prevent the harassment. EEOC v. Chapman Univ., No. 3:10-cv-01960 (N.D. Tex. N.C. June 2016). A Hispanic employee said his supervisor called him an anti-Hispanic slur and referred to him as a dumb-in-a-can in reference to his Dominican national origin. The EEOCs Chicago District Office is responsible for processing charges of employment discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis. The foreman also said about Black people, "just hang them and burn a cross on the homes." 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. EEOC v. M. Slavin & Sons Ltd., No. The coworkers also made racially derogatory comments including using the racially offensive term "n----r-rigged," which was witnessed by the employees supervisor who took no action to stop it. Equal Employment Opportunity Commission (EEOC) on three claims of disability discrimination against Walmart, the federal agency announced today. 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. 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. Based on interview scores, Selectee was chosen. According to the EEOC's August 2017 lawsuit, Maritime violated Title VII of the Civil Rights Act of 1964 by segregating a class of Hispanic workers into lower-paying jobs as laborers or detailers at its former Edgewater, Md., facility. EEOC v. L.A. 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. 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. 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. Harassment of the teen included calling him a "Black [S.O.B. Official websites use .gov Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more. The company withdrew its appeal on June 11, 2012 and agreed settle the case with the EEOC and plaintiff intervener for $1 million and court costs. In April 2010, a Houston-area construction company paid $122,500 and will provide additional remedial relief to resolve a federal lawsuit alleging race, national origin and religious discrimination. Further, the EEOC alleged that the harasser belittled the various religious beliefs of employees, including calling a professed Christian "weak-minded" and allegedly telling another employee that she should have an abortion because she already had a child, and that she was her own God and could control her own destiny. As remedies, the agency was ordered to place complainant into the Risk Management Specialist position with back pay and consideration of compensatory damages, EEO training to responsible agency officials, consideration of discipline for responsible agency officials, attorneys fees order, and posting notice. Pa. Dec. 16, 2016). Equal Employment Opportunity Commission against employers are expected to increase sharply in 2022 as the agency becomes more aggressive, a report released . The AJ also found that the Selecting Official's testimony about the Selectee's qualifications was not credible and was not supported by the documentation in the record. Further, the AJ was entitled to draw a reasonable inference from the fact that the Selecting Official did not contact Complainant's supervisor despite having contacted the Selectee's most recent supervisor. This particular agreement covers from April 1991 through December 2002. On the appeal, the Commission contends that the district court improperly dismissed its original and amended complaints because they stated plausible claims of intentional discrimination. EEOC v. AA Foundries Inc., No. Just 4 months after promoting Charging Party, defendant reprimanded him and demoted him. The EEOC's complaint charged that the supervisor regularly referred to Black employees with the "N" word and other derogatory slurs. 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. EEOC v. J&R Baker Farms LLC, No. Of these, employees lost at least half of all cases. Law360 (February 28, 2023, 8:52 PM EST) -- The U.S. In July 2010, Plaintiff Brenda Chaney and the EEOC as amicus curiae obtained a reversal of a summary judgment in favor of an employer in a Title VII case that "pit[ted] a [Black] health-care worker's right to a non-discriminatory workplace against a patient's demand for [W]hite-only health-care providers." In June 2009, a restaurant, which was accused of creating a hostile work environment for Black, White, and female employees, settled an EEOC lawsuit for $500,000 and specific relief. In June 2017, the EEOC reversed the Administrative Judge's finding of no discrimination by summary judgment, which the Department of Homeland Security (Agency) adopted, regarding Complainant's claim that the Agency discriminated against her, an African American woman, when it failed to select her for a promotion. The EEOC charged that Black entertainers were subjected to a variety of less advantageous terms and conditions of employment than White ones. The restaurant must also keep records on the hiring of and promotion into the bartender position. 2000e-2(a)(2) requires only that the transfer had a "tendency to deprive a person of employment opportunities," but concluded that there was "[n]o evidence" in the record to make the requisite showing in this case. The consent decree also includes provisions for equal employment opportunity training, reporting, and posting of anti-discrimination notices. The AJ found that a customer continually harassed complainant by, among other actions, referring to complainant as a "worthless Indian, dumb Indian, and stupid." Case Information Case Title. In a judgment entered Oct. 9, the district court upheld the jury verdict that AA Foundries must pay punitive damages of $100,000 to former employee Christopher Strickland, $60,000 to former employee Leroy Beal, and $40,000 to former employee Kenneth Bacon. Inc., No. In September 2010, the EEOC filed suit against a Roanoke-based hair salon chain for allegedly firing an African American hair stylist for complaining about an assistant manager's racist comments. May 24, 2016). 15-cv-01597-MSK-CBS (D. Colo. Aug. 19, 2016). 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 addition to the $100,000 payment, Sears has agreed to take specified actions designed to prevent future discrimination, including the posting of anti-discrimination notices to employees, dissemination of its anti-discrimination policy and providing anti-discrimination training to employees. In April 2012, the Fifth Circuit ruled that Kansas City Southern Railway Company (KCSR) violated Title VII when engaged in race discrimination by terminating two Black employees because of work rule violations and retaining their similarly-situated White co-drivers who were involved in the same incidents leading to Black employees' dismissals. 2015). The AJ found that for approximately two and one-half years Black Health Technicians refused to comply with her orders while following the orders of African American nurses; that one Health Technician told complainant that she would not take orders from a White nurse; and that Technicians screamed, banged on doors, blocked complainant's exit when complainant asked for assistance. The U.S.-born employees were allegedly subjected to tougher production standards and sent home early on days in which the foreign-born workers continued to work. 7:11-cv-134 (M.D. EEOC v. Hamilton Growers, Inc. d/b/a Southern Valley Fruit and Vegetable, Inc., No. 16-cv-03823 WMW/FLN (D. Minn. Sep. 6, 2017). Despite the employees' complaints to management, the alleged race-based harassment continued. The average court or jury awards are generally higher, around $100,000 and $300,000. In December 2014, two Memphis-based affiliates of Select Staffing, employment companies doing business in Tennessee, agreed to pay $580,000 to settle allegations they engaged in race and national origin discrimination. Rosebud is also required to recruit African-American applicants as well as train employees and managers about race discrimination. In June 2010, the Equal Employment Opportunity Commission and a Kansas-based national employment staffing firm settled for $125,000 a case on behalf of a White, 55-year-old former employee who allegedly was treated less favorably than younger Black colleagues and fired when she complained. [1] For another human trafficking case, see EEOC v. Trans Bay Steel, Inc., No. 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. Solutions, No. The EEOC had charged that Chapman's George L. Argyros School of Business & Economics (ASBE) discriminated against Stephanie Dellande, an assistant professor of marketing, because of her race. EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. 1-800-669-6820 (TTY) 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. 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. Significant Disability Discrimination Litigation Filed or Resolved: July 2013-July 24, 2014. EEOC v. Local 28 of the Sheet Metal Workers' Int'l Ass'n, Case No. The monetary award will be paid to African-American applicants who were denied jobs. In April 2017, Sealy of Minnesota paid $175,000 to resolve a charge of racial harassment filed with the EEOC. The company also will report all harassment complaints of race or national origin harassment to the EEOC for the next two years. EEOC v. Caldwell Freight Lines, Case No. In March 2010, the EEOC upheld an Administrative Judge's determination that a federal agency discriminated against a Black employee on the basis of race when it terminated the complainant's participation in a training program. Besides the monetary compensation, the five year consent decree requires FAPS to meet substantial hiring goals for African-Americans; give hiring priority to rejected class members who are interested in working at the company; use recruiting methods designed to increase the African-American applicant pool; and hire an EEO coordinator to ensure compliance with Title VII. Fla. default judgment filed Aug. 11, 2015). In October 2018, Floyd's Equipment Inc., a Sikeston, Mo. According to the EEOC's suit, an African-American employee of Torqued-Up assigned to a field crew in South Texas experienced racial harassment in the form of racial slurs and epithets from two employees who supervised him on the job. The court of appeals also held that no particular degree or type of advocacy on behalf of individuals of a different race is required to state an associational discrimination claim based on this theory, again, so long as a plaintiff can show that she was discriminated against based on her advocacy on behalf of such individuals. EEOC ordered the agency to determine complainant's entitlement to compensatory damages; train the supervisor with regard to his obligations to eliminate discrimination in the federal workplace; and consider taking disciplinary action against the supervisor. The agency stated that the selectees were chosen because their skills and qualifications fit the agency's needs. Ohio Aug. 5, 2011). In February 2005, EEOC settled a retaliation case against Burger King for $65,000, on behalf of a Caucasian manager who was terminated after refusing to comply with a Black customer's preference that a "White boy" not make her sandwich. US Foods did not terminate the Caucasian driver for being under the influence, or another Caucasian safety specialist who saw the driver at the first stop on his route. The federal agency also reviewed the company's broader policy with respect to the hiring of job applicants with conviction records. The decree also requires the provider to draft and distribute written polices against employment discrimination in English and Spanish, which provide for effective complaint and investigation procedures, including a toll-free number and e-mail address for complaints, to all employees and independent contractors who work for defendant in Washington, D.C., Maryland, and Virginia. A lock ( Although based on a single incident, the noose was a sufficiently severe racial symbol with violent implications that equates to a death threat. According to the EEOC's lawsuit, the employer favored foreign born workers or workers they believed to be foreign born, while engaging in a pattern or practice of discrimination against White American and African American workers. Evidence showed that management generally condoned racially related comments made by African-American supervisors and co-workers who frequently voiced a "Black versus White" mentality at the work place. In September 2014, the EEOC appealed the dismissal of its race discrimination complaints alleging that an employer's withdrawal of a job offer from a qualified Black applicant because she refused to cut off her dreadlocks constituted race discrimination under Title VII. The EEOC's lawsuit charged that the staffing firms had discriminated against four Black temporary employees and a class of Black and non-Hispanic job applicants by failing to place or refer them for employment. The EEOC found that the employees supervisor, an Asian woman, intentionally sabotaged complainant because she did not want a Hispanic woman to potentially serve as her supervisor. The complainant also alleged that the supervisor only wanted to promote Caucasian employees. Evidence revealed that the director told her he only hired because she is a Black woman, he often used profanity toward her, referred to her by race and gender slurs, singled her out for verbal abuse in front of other employees, told plaintiff to "get your Black ass out of here", and told her and other Black managers they better not file EEO complaints. In August 2006, a Pennsylvania health care company agreed to pay $16,000 to two older workers who allegedly were denied promotions based on their race (Black) and their ages (50 and 53), despite their extensive relevant experience of 13+ years. In February 2020, a northern Indiana vending and coffee service provider paid $22,000 and provided other significant relief to resolve an EEOC race discrimination lawsuit alleging that the company discriminated against a Black applicant in filling vending service representative positions. In January 2018, the EEOC reversed an agencys decision, holding on appeal that an African-American Senior Officer Specialist (SOS), GS-8, at the Department of Justices Low Security Correctional Institution (LSCI) in North Carolina had been subjected the SOS to disparate treatment regarding promotions.
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