Wis., No. EEOC v. SFI of Tenn. LLC, No. An investigation by the EEOC's Minneapolis Area Office revealed that the mattress and box spring manufacturing company in St. Paul, Minn. subjected its Black and Hispanic employees to severe racial harassment in the form of KKK hoods, nooses, and racial slurs and jokes. According to the lawsuit, the alleged victim applied and was interviewed several times for the job in May 2007. The record showed that complainant had a close working relationship with White managers, which the selecting official held against her because of her race. Additionally, it will submit annual reports to EEOC on complaints of race discrimination and harassment it receives at its Baton Rouge and Harahan offices and their resolution. The restaurant will also provide an annual report to EEOC detailing the company's efforts in complying with the agreement and its objectives over the term of the five-year agreement, including detailed hiring assessments for each facility covered by the agreement. Id. In October 2007, EEOC obtained $290,000 from an Oklahoma-based oil drilling contractor for seven African American men who alleged that, while on an oil rig, they were subjected to a hostile work environment, which included the display of hangman nooses, derogatory racial language, and race-based name calling. Individuals who believe they may have been victims of discrimination may file a complaint at https://civilrights.justice.gov/. EEOC v. Bankers Asset Mgmt. 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. The company will also provide employee training designed to prevent future discrimination and harassment on the job. 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. In November 2006, the Commission found that a federal employee had been discriminated against based on his race (Asian/Pacific Islander) when he was not selected for the position of Social Insurance Specialist. The suit alleged that the manufacturer subjected a Black full-time sales representative to different terms and conditions of employment when it removed him from top accounts, assigned him to poorer producing accounts, and then terminated him even though he continued to perform successfully, while failing to discharge any of the poorer performing White sales executives. The EEOC alleged that the store engaged in color discrimination when a Bangladeshi employee who was assigned to be store manager of a Staten Island location allegedly was told by her district supervisor that Staten Island was a predominantly White neighborhood and that she should change her dark skin color if she wanted to work in the area. Jan. 8, 2015). Hire a Qualified Attorney. EEOC had alleged that the store chain refused to hire qualified Black job applicants for sales, truck driver and other positions in its retail or warehouse facilities for reasons that were not applied to successful White applicants. Alpha Kappa Alpha Sorority, Inc.) disclosed on their resumes, could have served as proxies for race. EEOC also alleged that when the engineer declined to relocate, the provider discharged him. In January 2008, a bakery caf franchise in Florida entered a two-year consent decree that enjoined the company from engaging in racial discrimination or retaliation and required it to pay $101,000 to the claimants. The court granted preliminary approval of a proposed consent decree, but it must grant final approval following a fairness hearing before the decree takes effect. Tex. 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. EEOC v. MWR Enterprises Inc., II, C.A. According to the EEOC's lawsuit, the company coded the preferences of clients who requested White caregivers, and made assignments based on the preferences. A .gov website belongs to an official government organization in the United States. The pay and working conditions at Black Diamonds were inferior to those at Danny's, and there was less security there. Plaintiff Monica Guessous is an Arab-American Muslim woman from Morocco who worked for Fairview Property Investments, LLC until she was terminated from her position as a bookkeeping assistant by her supervisor, Greg Washenko, Fairview's Chief Financial Officer. 92-261, 2(7), 86 Stat. The three-year consent decree enjoins the company from engaging in or condoning race-based harassment and retaliation; requires the provision of training on federal anti-discrimination laws with an emphasis on preventing race-based harassment; and mandates reporting to the EEOC on how it handles internal complaints of race-based discrimination and the posting of a notice regarding the settlement. 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. The Commission's evidence included inculpatory tester evidence and expert testimony indicating that the names and voices of the Black applicants, as well as some of the organizational affiliations (e.g. The lawsuit alleged that since November 2012, a White manager harassed the worker of Filipino heritage by directing racial slurs ("non-white m----f----r," "non-white guy," "spic," "n----r," "monkey" and "ape") at him, jabbing him with a finger in the stomach and chest, and once urinating on his leg while he worked under a truck. The case, Yarbrough, et . In April 2011, a federal district court in Tennessee reaffirmed a court judgment of $1,073,261 when it denied the world's leading manufacturer and marketer of major home appliances' motion to reduce the victim's front and back pay awards. The EEOC filed suit against the company in September 2017, charging that Floyd's had engaged in race discrimination when a Floyd foreman repeatedly used the slur "n----r." After an African-American employee complained, the foreman angrily confronted him and rather than disciplining the harasser, the company transferred Woodall from his assignment as a backhoe operator to a less desirable job doing pick-and-shovel work in another state. The AJ questioned the Director's credibility, finding that there were considerable gaps in the Director's statements. In October 2019, Eagle United Truck Wash, LLC, which operates truck washing facilities at truck stop locations around the United States, paid $40,000 and furnished significant equitable relief to settle a racial harassment, discrimination and retaliation lawsuit. 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. Some of the logistics employees had been employed at BMW for several years, working for the various logistics services providers utilized by BMW since the opening of the plant in 1994. Within hours of his final complaint, the coater was fired, allegedly in retaliation for his complaints of racial harassment. 0120151276 (May 15, 2017), request for reconsideration denied EEOC Request No. 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. Following a hearing, the AJ found that the U.S. Department of Agriculture (Agency) discriminated against Complainant on the bases of race and age when it did not select him for a. EEOC also alleged that the mechanic also repeatedly and regularly called the employee "nigger" and "Tyrone," a term the co-worker used to refer to unknown black individuals. 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 company agreed to establish an effective anti-discrimination policy and to provide anti-discrimination training to its employees. 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. Such alleged conduct violates the Age Discrimination in Employment Act, which prohibits discriminating against individuals because they are age 40 or older. 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 June 2016, a Minnesota-based Regis Corporation, which does business as Smart Style Family Hair Salon, paid $90,000 to resolve allegations of retaliation discrimination. 12-cv-214 (W.D. Additionally, the environment was not favorable to Black recruits. 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 . Cal. In addition to the monetary relief, the company will provide each claimant who wishes to return to the facility an opportunity to apply for a logistics position. In one instance, the EEOC says a co-worker flaunted a swastika tattoo and talked about keeping the White race "pure." In April 2006, EEOC obtained $450,000 to settle a race discrimination case in which a health care provider explained its refusal to hire "Blacks or Jews" for a client in Oregon by arguing that it was protecting the safety of its employees, especially in areas where the KKK is active. In March 2012, a Warren, Mich.-based painting company which does business in several states, will pay $65,000 to settle a retaliation lawsuit filed by the EEOC. The EEOC's lawsuit asserted that a non-Rastafarian security officer threatened to shoot a group of Rastafarian officers. 3:10-cv-00681 (S.D. Finally, the EEOC alleged that FAPS' employment application contained improper pre-employment medical inquiries in violation of the ADA. EEOC v. J&R Baker Farms LLC, No. The manager complained and the company disciplined and fired him. In April 2019, a Jacksonville-based licensed sports merchandise company agreed to pay a Black former employee $57,050 in back pay and $265,000 in compensatory damages, a total of $322,050 as part of a consent decree to settle an EEOC lawsuit. 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. In November 2004, in a case against an upstate New York a computer parts manufacturer, EEOC alleged that Native American employees were subjected to frequent name-calling, war whoops, and other derogatory statements (comments about being "on the warpath" and about scalpings, alcohol abuse, and living in tepees). In November 2008, a popular pizzeria based in Ferndale, Mich. agreed to pay $20,000 to resolve an EEOC lawsuit alleging that the pizzeria violated federal law when it told two qualified Black job seekers for waitress positions, one of whom is African and spoke with an accent, on two separate occasions that it had run out of applications but hired a White applicant as a waitress later the same day without requiring her to fill out an application. In August 2016, a magistrate judge reaffirmed that "African" has long been recognized as an acceptable class entitled to protection under Title VII. Neither the White coworker nor the supervisors who witnessed the racial incidents were disciplined. The company, however, altered the job's requirements and hired the executive's son who lacked a college degree and had scanty experience compared with the Black manager. The lawsuit alleged that the manager told one employee she looked as "Black as charcoal" and repeatedly called her "charcoal" until she quit. Under the proposed two-year consent decree, PBM Graphics Inc. would place the settlement funds in escrow for distribution later among non-Hispanic workers identified by EEOC as victims of the alleged national origin discrimination. The EEOC contended that the manager also imposed stricter work-related rules upon the dealership's Black employees by disciplining them for conduct that non-Black employees were not disciplined for, and giving them less favorable work assignments. 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. Pursuant to a 3-year consent decree, 13 complainants would receive $871,000 and attorney's fees and costs. The agency also found that the company discriminated against black and Hispanic employees in the selection of lead positions at the St. Paul facility. 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 alleged that the company refused to hire Black applicants because it was concerned that its customers would be uncomfortable with a Black man coming to their home and would be intimidated by him. 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. The jury found that the retailer failed to accommodate Marlo Spaeth, a longtime employee with Down syndrome, and then fired her in July . In March 2004, EEOC settled a failure to promote case for $45,000, in which the company's president and CEO defended its action by arguing that the company was in "redneck country" and customers would not accept a Black man as an account manager. The evidence showed that a Black female employee reported escalating offensive verbal conduct and gestures by her White male coworker over a period of two months before he physically assaulted her at the Tennessee-based facility; four levels of Whirlpool's management were aware of the escalating harassment; Whirlpool failed to take effective steps to stop the harassment; and the employee suffered devastating permanent mental injuries that will prevent her from working again as a result of the assault and Whirlpool's failure to protect her. The aggrieved employees alleged that they were restricted to "back of the house" positions such as busboys and runners and refused promotions to "front of the house" positions such as captains, which instead went to Caucasian workers with less experience and seniority. According to the EEOC, Danny's, and its predecessor, Baby O's Restaurant, subjected Black dancers to discriminatory terms and conditions of employment for years, including limiting the number of shifts Black dancers could work, and subjecting them to racially offensive epithets. 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." According to the EEOC's lawsuit, Koch refused to rehire a former employee because she . The court denied the request. Spaeths request was a simple one and denying it profoundly altered her life.. 1999) (holding employee stated a claim under Title VII when he alleged that company owner discriminated against him after his biracial child visited him at work). Under the decree, which settles the suit, MPW Industrial Services is required to pay $170,000 to the two former employees who experienced the racial harassment. The company also must submit reports to the EEOC on its compliance with the consent decree. EEOC v. Alliant Techsystems Inc., Case No. Under the consent decree resolving this case, Taylor Shellfish has agreed to implement new policies, conduct extensive training for employees and management, post an anti-discrimination notice at the workplace and report compliance to the EEOC for a three-year period. Spaeth had worked for the company for approximately 16 years and had consistently received positive performance evaluations from her managers, according to evidence presented at trial. The EEOC ultimately found reasonable cause to believe that the county violated Title VII of the Civil Rights Act of 1964 for the harassment to which the former attorney was subjected. Lawyers can be helpful when brokering a higher settlement. The decree also mandates training of employees and the reporting of any future complaints of race harassment to the EEOC. 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. An official website of the United States government. In July 2008, an Oregon video company paid $630,000 to resolve an EEOC lawsuit alleging that two employees, an African American who was converting to Judaism and a Hispanic with some Jewish ancestry, were forced to endure repeated racial, religious, and national origin jokes, slurs and derogatory comments made by employees and upper management since the beginning of their employment in 2005. On April 26, 2011, Whirlpool appealed the judgment to the U.S. Court of Appeals for the Sixth Circuit. EEOC had alleged that the hospital, which served parts of the Navaho Nation, paid its non-White doctors thousands of dollars less than a White American physician who performed the same work. 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. EEOC v. US Foods, Inc. fka U.S. Foodservice, Inc., Civil Action No. Further, the agency's administrative investigation revealed that numerous Black female medical technicians at the hospital appear to have been required to perform assignments that their male Asian-Indian counterparts were allegedly not required to perform. The consent decree also bolsters supervisor accountability and requires training on the requirements of Title VII for all managers, supervisors, and Human Resources personnel. In February 2011, the EEOC filed suit against an electric company alleging race discrimination. 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. 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. 7/6/2016). 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 2015, the EEOC won a judgment of more than $365,000 against the Bliss Cabaret strip club and its parent company this week after a Black bartender was allegedly fired based on her race. In addition, the company must provide training in its policies on hiring, promotion, transfer, and co-employment. judgment and injunction entered Oct. 9, 2012). In May 2017, Rosebud Restaurants agreed to pay $1.9 million to resolve a race discrimination lawsuit brought by the EEOC against 13 restaurants in the Chicago area. About 4,500 unsuccessful applicants affected by the alleged discriminatory tests now are eligible to file claims for monetary relief. 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 September 2013, Hurley Medical Center entered into a 5-year agreement with the EEOC to settle its lawsuit alleging that a White father reportedly demanded no African-American nurses treat his newborn baby. In January 2012, Pepsi Beverages Company, formerly known as Pepsi Bottling Group, agreed in a post-investigation conciliation to pay $3.13 million and provide training and job offers to victims of the former criminal background check policy to resolve an EEOC charge alleging race discrimination in hiring. EEOC v. Danny's Cabaret, No. 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. Miss. In August 2009, a Washington Park, Ill., packaging and warehousing company agreed to pay $57,500 and provide training to settle a race discrimination and retaliation lawsuit alleging that the company failed to provide a Black employee the pay raise and health insurance coverage provided to his White co-workers, and then fired him in retaliation for filing a charge of race discrimination with the EEOC. Equal . 1-800-669-6820 (TTY) 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. The Commission ordered the retroactive promotion of complainant, back pay, compensatory damages ($5,000), attorney's fees, and other relief.
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