In some of those cases, the EEOC found evidence of . EEOC v. New Indianapolis Hotels, Inc., Case No. The supervisor also frequently mocked the assistant's accented English, deriding it as "gibberish," and expressed hostility toward immigrants generally and Africans specifically. In September 2019, a commercial truck washing facility paid $40,000 to settle an EEOC lawsuit accusing the owner of firing an employee because he is Black and had reported that he had been subjected to a racially hostile work environment. 2:11-CV-00920CW (D. Ariz. Jan. 7, 2013). In addition, the company must submit two written reports to the EEOC regarding any future retaliation complaints and all pertinent information related to potential complaints. In May 2011, the nation's second-largest pharmacy chain, a new owner of Longs Drugs, agreed to pay $55,000 to settle an EEOC race and sex discrimination lawsuit alleging that Longs subjected an African-American female product buyer to a hostile environment after hiring her in January 2007, and firing her in May 2008 in retaliation for her complaint to company managers. Official websites use .gov 24, 2016). 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. In April 2011, the EEOC found that the transportation department engaged in race and color discrimination when it failed to select the Complainant, the Acting Division Secretary, for the position of Division Secretary. The settlement this month between the U.S. In its lawsuit, the EEOC charged that Dollar General refused on at least three separate occasions to promote a Black employee to a vacant assistant store manager position at its Long Beach, Miss., store because of her race. In December 2018, Maritime Autowash (later known as Phase 2 Investments, Inc.) paid $300,000 in monetary relief and furnished equitable relief to settle an EEOC race and national origin discrimination lawsuit. The settlement included a donation of $10,000 value of books or 1000 books relevant to the EEOC's mission, which will be given to a non-profit organization with an after-school program. After six years as a line service technician, defendant promoted Charging Party to supervisor. 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 jury found that the retailer failed to accommodate Marlo Spaeth, a longtime employee with Down syndrome, and then fired her in July . In May 2006, EEOC settled a hostile work environment case against a retail furniture store chain for $275,000. It also will conduct supervisor and employee training on discrimination and retaliation laws and establish a confidential process for people to submit discrimination and retaliation complaints. Hurley also agreed to pay about $200,000 in March to settle a lawsuit filed by three nurses. In the lawsuit, the EEOC asked for Spaeth to be reinstated, as well as back pay, compensatory damages and punitive . According to the EEOC's lawsuit, a supervisor at Arizona Discount Movers frequently made racist comments to an African American employee named Clinton Lee. The Hampton Inn is accused of firing Black housekeepers because of their race and retaliating against those who had complained. The abuse lasted for two months and escalated when the co-worker physically assaulted the Black employee and inflicted serious permanent injuries. The three-year consent decree resolving the litigation contains significant injunctive relief requiring Bahama Breeze to update its EEO policies nationwide, provide anti-discrimination and diversity training to its managers and employees, and provide written reports regarding discrimination complaints. After being wrongly accused and disciplined for insubordination, he felt he had no other choice but to quit his job. Sep. 12, 2014). Below is an inexhaustive list of significant EEOC private or federal sector cases from 2003 to present. In addition to monetary relief, the 18-month consent decree settling the lawsuit provides for training on employee rights under Title VII, and requires the company to maintain records of racial harassment complaints, provide annual reports to the EEOC, and post a notice to employees about the lawsuit that includes the EEOC's contact information. Eventually, the Black employee resigned because he believed he would never be placed in the bartender position. In July 2011, a global manufacturer and seller of chemical products in El Dorado, Ark., will pay $80,000 and furnish other relief to settle an EEOC lawsuit alleging the company engaged in race discrimination when it terminated Black employees based upon discriminatory and subjective evaluations. In February 2011, a family owned restaurant agreed to pay $25,000 to settle an EEOC case alleging that it violated Title VII when it demoted and discharged an African-American employee because of his race, and then discharged a Caucasian employee because of her association with him. EEOC complaints are handled by the Equal Employment Opportunity Commission (EEOC), the body responsible for investigating discrimination complaints based on religion, race, national origin, color, age, sex, and disability. In its investigation, the EEOC found reasonable cause to believe that personnel at two Ford facilities in the Chicago area, the Chicago Assembly Plant and the Chicago Stamping Plant, had subjected female and African-American employees to sexual and racial harassment. The Commission affirmed the award of $50,000 in non-pecuniary damages due to complainant's emotional suffering, restoration of leave, payment of costs, and mileage. The Commission found that the agency failed to provide a legitimate, non-discriminatory reason for the non-selection. In November 2019, a federal judge approved the settlement of the 2013 EEOC lawsuit challenging the way a discount retailer conducted criminal background checks of job applicants because the process allegedly discriminated against Black workers with criminal histories. The firm, however, offered the job to two less qualified White applicants -- the first declined and the second accepted. 3:12-cv-3069(LTS) (N.D. Iowa consent decree granted June 24, 2013). Although numerous Black employees complained about these conditions, Yellow and YRC failed to act to correct the problems, EEOC alleged. Ga. dismissal order filed Aug. 11, 2015). In May 2008, in New Capital Dimensions case the EEOC resolved a race discrimination and retaliation suit against a North Georgia restaurant chain for $135,000. 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. EEOC APPELLATE CASES PENDING: 2012. even though the relevant union local is not a party to the suit. Ready Mix denies that racial harassment occurred at its worksites. 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. The jury found that Danny's also forced the dancers to work at a related club, Black Diamonds, even though they were subject to arrest there because they were not licensed to work at that club. Employers, no matter how large, have an obligation under the law to evaluate the individual circumstances of employees with disabilities when considering requests for reasonable accommodations, said Chicago District Director Julianne Bowman. March 17, 2008). EEOC v. New Koosharem Corp., No. The decree also requires the company to conduct anti-discrimination training at its Bishopville facility; post a notice about the settlement at that facility; implement a formal anti-discriminatory policy prohibiting racial discrimination; and report certain complaints of conduct that could constitute discrimination under Title VII to the EEOC for monitoring. According to the lawsuit, White employees were harassed because of their association with Black coworkers and family members, including being referred to as "n----r lovers" and "race traitors" by White managers. Egg Producer Allowed Supervisor to Sexually Harass Female Employee, Then Retaliated Against Her When She . Kilgore v. Trussville Develop., LLC, No. In July 2006, Home Depot paid $125,000 to settle a race discrimination and retaliation lawsuit. 1:13-cv-00473-WS-N (S.D. 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. In April 2019, A&F Fire Protection, Inc., a NY fire sprinkler and standpipe contractor, paid $407,500 to settle a race discrimination lawsuit in which EEOC alleged that Black and Hispanic employees were frequently subjected to racial remarks by managers and coworkers and a supervisor who used gorilla sounds as a ringtone for a Black employee. The EEOC charged that Skanska failed to properly investigate complaints from the buck hoist operators that white employees subjected them to racially offensive comments and physical assault. The decision noted that the Agency took six months to engage in an internal investigation and issue the coworker a proposed 30-day suspension. Official websites use .gov The supervisor also allegedly threatened Robinson, that he would "get back at" him for the "terrible things whites had done to blacks" in the past and allegedly berated him for being "too old" for the job and "washed up" in the industry. filed consent decree 12/15/11). Similar to discrimination based on race, age, gender, religion, and LGBTQ status, treating people with disabilities differently in the workplace is prohibited under: Title VII of the Civil Rights Act of 1964. Equal Employment Opportunity Commission (EEOC) on Cardwell's behalf. The company also will report all harassment complaints of race or national origin harassment to the EEOC for the next two years. 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. The DM, a White female, e-mailed Defendant's Chief Operating Officer in September 2001 expressing her concerns about the exclusion of African Americans and other racial minorities from management positions. The Supreme Court ruled in cases involving age discrimination and traffic stops. They also alleged that they were subjected to racial insults and harassment when they complained. In September 2019, a tire, wheels and auto service company, agreed to pay $55,000 and furnish other relief to settle a racial harassment and retaliation lawsuit filed by the EEOC. 11-cv-2558-REB-CBS (D. Colo. Oct. 2, 2012). For employers, the importance of responding strategically to such charges cannot be understated. The agency was ordered to restore leave; pay complainant $50,000.00 in non-pecuniary compensatory damages and $6,944.00 in pecuniary compensatory damages; and pay $45,517.50 in attorney's fees and $786.39 for costs. Corp., No. The EEOC's lawsuit charged that OfficeMax violated federal law when its store manager retaliated against a sales associate after the associate complained that he had been terminated because he is Hispanic. 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. Pursuant to the terms of the settlement, BBI also will conduct anti-discrimination training for its Illinois sales force; put in place systems to further encourage diverse applicants for open positions; revise its anti-discrimination policy to expressly reference that it prohibits segregating or making assignments based on race and/or national origin and distribute the revised policy to its Illinois sales force; hire a monitor to track the demographics of employees applying for and receiving offers for specified Illinois sales positions; provide periodic reporting on the demographics of its Illinois sales force for the next two years; and post an internal notification to its Illinois employees of this resolution. Specifically, the EEOC alleged that, in addition to paying them less and permitting a White manager to refer regularly to them with the N-word and other derogatory slurs, such as "boy," the company manipulated dosimeters of Black employees assigned to work with radioactive waste to show lower levels of radiation than the actual ones. Instead, the staffing agency granted placement preferences to Hispanic workers and also retaliated against an African American employee who complained of the discrimination by refusing to place her and denying her a promotion. In March 2007, MBNA-America agreed to pay $147,000 to settle a Title VII lawsuit alleging discrimination and harassment based on race and national origin. In June 2011, a leading provider of advanced office technology and innovative document imaging products, services and software agreed to pay $125,000 and to provide substantial affirmative relief to settle a Title VII case alleging race, national origin, and retaliation claims. Ark. 1:13-cv-20684(JEM) (S.D. 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. info@eeoc.gov
Under a 30-month consent decree, the company must designate an EEOC-approved individual to conduct independent investigations into future complaints of workplace harassment and determine what, if any, disciplinary and corrective action needs to be taken in response to a harassment complaint. The pay and working conditions at Black Diamonds were inferior to those at Danny's, and there was less security there. No. In April 2016, the Eleventh Circuit reversed the district court in an employment discrimination case alleging race and age discrimination in violation of Title VII and the ADEA, respectively. Share sensitive 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. 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. Wis. Judgment filed Feb. 25, 2014), aff'dl, EEOC v. Northern Star Hospitality, Inc., 777 F.3d 898 (7th Circ. One Rastafarian security officer objected to the supervisor's reaction and complained that he heard the supervisor had referred to the Rastafarians by the "N-word." 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. 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. In August 2006, the EEOC resolved this Title VII/Equal Pay Act case alleging that the largest electronic screen-based equity securities market in the United States failed to promote its only Black female into higher level Research Analyst positions in its Economic Research Department and paid her less than White male Research Analysts, on the basis of race and sex. The agency was ordered to provide complainant with backpay for the period she was out of work due to the failure to accommodate, and complainant was awarded $2,250 in compensatory damages. Ultimately, Floyd's fired Woodall. In November 2005, the EEOC obtained a $317,000 settlement in a Title VII case alleging that an extended stay hotel business discharged and otherwise retaliated against a district manager (DM) for six properties in Georgia, Alabama, and Virginia because she complained about race discrimination. Additionally, "Pepsi's former policy also denied employment to applicants from employment who had been arrested or convicted of certain minor offenses. When he refused, EEOC claimed the owner threatened the employees job and reduced his work hours. The EEOC said that Area Temps used code words to describe its clients and applicants for discriminatory purposes, such as "chocolate cupcake" for young African American women, "hockey player" for young White males, "figure skater" for White females, "basketball player" for Black males, and "small hands" for women in general. In August 2017, the EEOC affirmed an Administrative Judge's finding that the Department of Defense (Agency) had discriminated against Complainant when it did not select him for an Assistant Special Agent in Charge position. In addition to the monetary relief, the four-year consent decree provides for extensive injunctive relief to help secure a diverse workforce; requires JPPJATT to hire a consultant to review and revise its selection process and implement and train employees in the new process; enjoins JPPJATT from discriminating against Black applicants on the basis of race in the future; and requires the company to hold information sessions at locations in the Black community. case is very strong against midwifery organizations. 8:12-cv-00643-EAK-MAP (M.D. 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. Cal. In September 2012, the County of Kauai in Hawaii agreed to pay $120,000 to settle an EEOC charge of race harassment, alleging that a Caucasian former attorney for the County's Office of the Prosecuting Attorney was subjected to racially disparaging comments by a top-level manager. EEOC v. Bankers Asset Mgmt. 7:14-cv-00136 (M.D. & New Mercer Commons, Civ. Ruling on EEOC's motion for partial summary judgment, the court said the company's admissions that site superintendent/project manager referred to three Black plaintiff-intervenors as "nigger" or "nigga" on a near-daily basis and told racial jokes using those terms and other offensive epithets establishes an objective racially hostile work environment. The Commission claimed that the agency selected Hispanics regardless of prior experience, place in line or availability. The display included a dollar bill with a noose around George Washington's neck and drawings of a man on horseback and a hooded figure with "KKK" written on his hood. The EEOC said that a noose was displayed in the worksite, that derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred. 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. J.B. Hunt also reached a private settlement with the alleged discrimination victim, who filed an EEOC charge after being denied a job at J.B. Hunt's San Bernardino, Calif., facility in 2009. In March 2004, a Ruby Tuesday franchise agreed to pay $32,000 to resolve an EEOC lawsuit, alleging race discrimination in hiring against two African American college students who were refused employment as food servers in favor of several Caucasian applicants with less or similar experience and qualifications. In July 2008, EEOC resolved a race discrimination and retaliation suit for $140,000 against a Mississippi U-Haul company. 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. In addition to the monetary claims fund, the four-year consent decree provides for extensive injunctive relief, including recruiting and hiring of blacks and non-Hispanic job applicants, and training for managers. 11-cv-134 (M.D. In May 2011, an IT service company entered a consent decree to pay $60,000 to an African-American employee who had allegedly been subjected to race discrimination and retaliation. 11-805 (M.D.N.C. The three-year consent decree also prohibits the company from engaging in future discrimination and retaliation; requires that it implement a policy against race discrimination and retaliation, as well as a procedure for handling complaints of race discrimination and retaliation; mandates that the company provide training to employees regarding race discrimination and retaliation; and requires the company to provide periodic reports to the EEOC regarding layoffs and complaints of discrimination and retaliation. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Jury Awards Over $125 Million in EEOC Disability Discrimination Case Against Walmart. 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 trucking company, arguing that a jury came to an illogical and unjust verdict. 17-cv-70) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process. 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. 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. EEOC v. Windings, Inc., Civil Action No. In August 2007, the Commission settled for $44,000 a lawsuit against a California medical clinic, alleging that a White supervisor used racial code words, such as "reggin" ("nigger" spelled backwards), to debase and intimidate an African American file clerk and then fired her after she complained. 1981), which were consolidated for purposes of settlement. In June 2009, the EEOC overturned an AJ's finding of no discrimination in a Title VII race discrimination case. 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. ) or https:// means youve safely connected to the .gov website. 2440 Other Civil Rights EEOC v. Hillshire Brands Co. f/k/a Sara Lee Corp., No. In January 2010, a Georgia car dealership agreed to pay $140,000 to settle a race discrimination suit. The EEOC complaint alleged that J&R employees regularly used racial slurs to refer to Black, Hispanic and Native American employees. Ready Mix denies that racial harassment occurred at its worksites. The manufacturer also agreed to amend its harassment policy to refer specifically to harassment through the playing of music, and to include offensive musical lyrics in its examples of racial harassment. Further, the AJ noted that the selection criteria was changed for one candidate who did not meet the requirements but not for Complainant. 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. 0120170218 (Dec. 21, 2017) . The jury awarded Spaeth $150,000 in compensatory damages and $125,000,000 in punitive damages after deliberating for three hours following the four-day trial. Specifically, the Commission found that the discipline issued was disproportionate and lacked uniformity, and the record showed that other employees were not disciplined for engaging in similar conduct. In November 2014, Battaglia Distributing Corporation paid $735,000 to a group of current and former African-American employees. The Ninth Circuit ruled that the jurors could have reasonably determined that the district manager and regional human resources manager failed to exercise reasonable care to correct promptly "the obscene and harassing behavior" of the store since management did not check the video cameras that were in parts of the store where the rep was assaulted, the investigation was not confidential, certain employees were never interviewed, the harassment was not reported to the corporate office, critical corroborating evidence was lost, and the rep had complained to management "immediately and repeatedly." Hostile Work Environment Settlement : Seattle City Light workers win bias lawsuit. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on an employees disability. Other Holmes employees used the term "n----r-rigging" while working there, and racist graffiti was evident both inside and outside portable toilets on the work site. EEOC v. Scully Distribution Servs. 1:71-cv-02877(LAK)(MHD) (S.D.N.Y. The decree also provides for injunctive and equitable relief and, in particular, requires that MPW train supervisors and managers to spot and prevent racial harassment in the future. A posting notice and attorneys fees were also ordered. On January 7, 2011, the district court dismissed the claimant's state law claim without prejudice '. EEOC v. Dart Energy Corp., No. In August 2007, a San Jose body shop agreed to pay $45,000 to settle a sexual and racial harassment lawsuit filed by the EEOC, in which a male auto body technician of Chinese and Italian ancestry was taunted daily by his foreman with sexual comments, racial stereotypes and code words, including calling him "Bruce Lee." Wis., No. EEOC v. WRS Infrastructure and Env't Inc. d/b/a WRS Compass, No. 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. The consent decree enjoins the company from engaging in racial discrimination and requires it to post a remedial notice and arrange training in racial discrimination for its managers and supervisors. 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 case was tried by Trial Attorneys Leslie Carter and Carrie Vance, along with Supervisory Trial Attorney Justin Mulaire. After being subjected to racial slurs and witnessing a supervisor display a noose with a black stuffed animal hanging from it, the employee complained. EEOC v. Regis Corp., Civil Action No. In this case, a jury found that two employees of Seattle City Light, a Vietnamese-American and an African-American, had been discriminated against and faced a hostile work environment because of their races . Following the determination, the County of Kauai entered into an over two-year conciliation agreement with the EEOC and the alleged victim. EEOC charged that many of the White employees hired had significantly less experience than the Black former employees represented by the EEOC, and in some cases had actually been trained by the same African American employees who were denied hire. EEOC Accuses Va. Hospital System Of . According to the lawsuit, when the students met with the store manager, he briefly reviewed their applications and told them they were "not what he was looking for.". In October 2012, a federal district court in Texas ordered AA Foundries Inc. to take specific measures to prevent racial harassment of Black employees at its San Antonio plant following a $200,000 jury verdict finding the company liable for race discrimination under Title VII. In August 2016, an Illinois-based payroll and human resource services firm agreed to a $1.4 million settlement of charges that the company discriminated against Black and Hispanic job applicants and employees. 2:10-CV-955 (D. Utah consent decree filed Apr. Among other reasons for removal, the coroner testified that he disagreed with Linehan's attempts to discipline certain subordinate employees. According to the EEOC's suit, Hospman fired several Black employees in August 2012 after taking over management responsibility of a Fort Myers hotel. 3:09-CV-00537 (D. Nev. Mar. An official website of the United States government. Equal Employment Opportunity Commission (EEOC) and Seasons 52 restaurant chain indicates that the more familiar pattern-or-practice of age discrimination . According to the EEOC's lawsuit, MPW subjected two African-American employees to racial harassment, including hangman's nooses, racial epithets, racist comments and jokes, and an alleged KKK meeting at the worksite. However, the employer did not fire a Caucasian employee who they left two hours early on two different days because he was tired. Rosebud is also required to recruit African-American applicants as well as train employees and managers about race discrimination.
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