Ky. Sep. 26, 2013). Specifically, the EEOC alleged that after learning the results of the criminal background checks around July 2008, BMW denied plant access to 88 logistics employees, resulting in their termination from the previous logistics provider and denial of hire by the new logistics services provider for work at BMW. Ala. Feb. 3, 2012). In December 2010, a cosmetic laboratory settled an EEOC lawsuit charging discrimination based on race, color, national origin, and retaliation against a Black employee for $30,000. The plaintiff was able to file a lawsuit against this company with the help of the EEOC and was given a . Complainant had approximately 30 years experience as an RN, supervisor, assistant director, and manager. In November 2017, after an extensive five-year, complicated systemic investigation and settlement efforts, the EEOC reached an agreement with Lone Star Community College covering recruitment, hiring and mentoring of African-American and Hispanic applicants and employees. The process will include employer protections of non-retaliation and requirements for a prompt, thorough and impartial investigation. EEOC v. Ganley Lincoln of Bedford Inc., No. McAlpin, who was the police chief in Sneads from 2006 to 2018, argued that he was terminated by the Town . AJ found that the Agency discriminated against this letter carrier on the basis of disability when it forced him to remain in the plywood shack, and when it denied him leave, but decided the remaining claims in the favor of the agency. Of those 88 employees, 70 were Black. The ADEA applies to any employers who have 20/more employees . In its lawsuit, the EEOC said the Clearwater strip club and its successor corporation, Executive Gentlemen's Club, fired a bartender because its owner said he didn't want a Black bartender working at the club. A Black, non-Hispanic man told the EEOC that the company refused to provide him with a job application after it learned he couldn't speak Spanish. 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 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. 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). The restaurant must also keep records on the hiring of and promotion into the bartender position. In January 2009, a cocktail lounge agreed to pay $41,000 to settle an EEOC lawsuit alleging that the lounge engaged in race and religious discrimination when it refused to promote an African American employee who wears a headscarf in observance of her Muslim faith to be a cocktail server because the owner said she was looking only for what she termed "hot, White girls." Pursuant to this settlement, BBI will The settlement provides monetary relief to the class identified by the EEOC and ensures the company will take proactive measures to prevent such discrimination from occurring in the future. The EEOC alleged that the supervisor also told Lee he could not enter the building because they were having a Ku Klux Klan meeting and put a statue of a jockey on his desk with a whip in the jockey's hand tied in a noose. 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 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. EEOC Wins Disability Discrimination Case for Non-Disabled Man Konos Agrees to Pay $175,000 to Settle EEOC Sexual Harassment and Retaliation Case. Thank you to them and to my colleagues at the EEOC whose excellent work investigating and litigating the case made this important verdict possible.. Mar. Based on interview scores, Selectee was chosen. The EEOC filed its lawsuit (EEOC v. Walmart Stores East LP, in the U.S. District Court for the Eastern District of Wisconsin, Case No. 15-3201 (7th Cir. 2:10-CV-13517 (E.D. The 3-year consent decree, which applies to the company's headquarters in Minnesota and Virginia, enjoins Alliant from further discriminating in hiring based on race and from retaliating against persons who oppose practices made unlawful under Title VII. 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. 15-cv-02901 (D. Minn. consent decree filed Mar. In addition to the monetary relief, M. Slavin agreed to submit to 5 years of monitoring by the EEOC; retain an independent EEO coordinator to investigate complaints; conduct one-on-one training for the worst harassers; and provide annual training for all staff. Sears allegedly retaliated against Johnson for her initial EEOC discrimination charge in September 2007 by subjecting her to worsening terms and conditions at work. 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. 42 U.S.C. 2:11-cv-02861 (W.D. In addition to the monetary settlement, the four year consent decree contained injunctive relief: OfficeMax agreed to target additional recruitment efforts in the Sarasota/Bradenton area to reach more African American and Hispanic applicants, provide training for its management and human resource personnel in three locations in the Bradenton/Sarasota area on racial harassment and retaliation, and will report future internal discrimination complaints to the EEOC. The chain was charged with refusing to hire African-American applicants and having managers who used racial slurs to refer to African-Americans. 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. The 39-month consent decree requires defendant to consider all female and Black applicants on the same basis as all other applicants, to engage in good faith efforts to increase recruitment of female and Black applicants, and to submit semiannual reports to EEOC that include applicant flow and hiring data by race and sex. The EEOC states that workers at two of the manufacturer's facilities had "subjected female and African-American employees to sexual and racial harassment.". Cardwell, who is now 65, is pleased with the settlement, but he says he has faced many more experiences of age discrimination before and after the Ruby Tuesday interview. The racial harassment included the supervisor calling him "little Asian" and "Chow" based on the Asian character in the movie "Hangover." In April 2007, a Pennsylvania hot dog franchise entered a consent decree with the EEOC agreeing to pay $7,500, to post a remedial notice in the restaurant, to semi-annually report on any future complaints alleging racial discrimination to the EEOC for a period of four years, and to provide Title VII training to all supervisors and managers. The company failed to retain counsel to prosecute the lawsuit. 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. Although they deny the allegations, the companies also agreed to provide the affected workers with neutral employment references; maintain social media and information policies that prohibit the use of email, software, or hardware or any company-owned devices to be used for racially offensive communications or similar misconduct; and maintain procedures that encourage workers to come forward with race bias complaints. 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." In September 2005, the nation's largest maker and retailer of wooden play systems agreed to pay six people a total of $275,000 to resolve an EEOC lawsuit, which alleged that the company's owner pursued a policy of limiting the hiring and promotion opportunities of African Americans and Hispanics and fired a White district manager in retaliation for recommending two Blacks for district manager openings after telling him that "our customers can't relate to minorities and therefore we must be choosy who we hire.". EEOC v. Wells Fargo Financial Michigan, Inc., Case No. Purported conduct of this nature violates Title VII of the 1964 Civil Rights Act. The EEOC's suit alleged that qualified African-Americans and Hispanics were routinely denied retail positions such as cashier, sales associate, team leader, supervisor, manager and other positions at many Bass Pro stores nationwide and that managers at Bass Pro stores in the Houston area, in Louisiana, and elsewhere made overtly racially derogatory remarks acknowledging the discriminatory practices, including that hiring Black candidates did not fit the corporate profile. 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. An official website of the United States government. 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. In January 2012, a marine construction and transportation company located in Dyersburg, Tenn., will pay an African-American job applicant $75,000 to settle a racial discrimination lawsuit filed by the EEOC. The EEOC said that when an African American sales manager was allegedly told to report to another store on the far South Side, he was fired for refusing the transfer. The same managers also regularly assigned Black employees to longer routes with heavier items to deliver than they assigned White employees, the EEOC alleged. The agency also said that Olympia terminated the victims because they complained to the EEOC. 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 Hampton Inn is accused of firing Black housekeepers because of their race and retaliating against those who had complained. In January 2018, a water and waste-water services company in Bear, Delaware paid $150,000 to settle an EEOC lawsuit alleging racial harassment. 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. N.C. June 2016). EEOC v. AJ 3860, LLC, d/b/a The Executive Gentlemen's Club, and Southeast Showclubs, LLC, Civ. EEOC v. The Laquila Grp., Inc., No. Additionally, "Pepsi's former policy also denied employment to applicants from employment who had been arrested or convicted of certain minor offenses. As part of the consent decree, Gonnella must also provide training to its employees on civility in the workplace and must institute a policy holding managers and supervisors responsible for preventing and stopping harassment in the workplace. Scully denied all of EEOC's allegations, but it and its successor Ryder System Inc. agreed to resolve the suit. In November 2004, the Commission decided that, although racially charged comments were only made on one day, the nature of the comments, which included several racial slurs, was sufficiently severe to render work environment hostile. The Commission ordered the agency to pay complainant $10,000.00 in compensatory damages and to provide training to all management and staff at the facility. and "I fought two wars to get rid of people like you!" 0720100034 (Apr. The company's motion to dismiss argued that the EEOC's complaint should be dismissed because it did not identify the victims of the alleged hiring discrimination. 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. EEOC v. US Foods, Inc. fka U.S. Foodservice, Inc., Civil Action No. Consent decree entered Dec. 10, 2012). In short, the appellate court found that a train engineer and a train conductor, both African American, were fired following separate incidents involving operational errors while White employees involved in the same incidents were not disciplined or were dismissed but reinstated despite committing comparable infractions. The company agreed to conduct EEO training and refrain from future acts of discrimination and retaliation. On appeal, the Seventh Circuit affirmed the district court's judgment and held for the first time held that a tax-offset award was appropriate in a Title VII claim when the lump-sum award place the employee in a higher tax bracket. 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. EEOC v. Crothall Servs. The consent decree also requires the company to post a remedial notice for one year and to notify any potential successors of the consent decree. Equal Employment Opportunity Commission from 2012 to 2016 - the most recent data . When the selectee arrived at the store on her starting date, she was informed that she could not be hired due to her race because there would have been too many African Americans at the store. In February 2019, the Jacksonville Association of Fire Fighters, Local 122, IAFF agreed to pay $4.9 million to settle a race discrimination lawsuit. 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. The EEOC had alleged that the provider had recruited through media directed at Eastern European immigrants and Hispanics and hired people from those groups over African Americans, and that the provider's use of subjective decisionmaking had a disparate impact on African Americans. The motion was approved by the court and the consent decree was entered on Oct. 23. Additionally, the lawsuit alleged that the supervisor responsible for determining job assignments used racial slurs such as "pinche negro," the n-word, and other racially derogatory comments to refer to the Black employee. 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. In its view, the coroner's "lack of credibility, combined with his stated preference for employing African-Americans and his actions taken in furtherance of that goal, was sufficient for the EEOC to find that Linehan was subjected to race discrimination." Ex-Prison Guard Union Boss' Sentence Cut In Bribery Case LockA locked padlock In addition to the monetary settlement, the company agreed to terminate the harassers and make significant policy changes to address any future discrimination. 18, 2016). 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. 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. According to the EEOC, the company has relied exclusively on "word-of-mouth recruitment practices" for field laborer positions, with the intent and effect of restricting the recruitment of Black and female applicants. In addition, a White employee who opposed this type of race discrimination and complained that managers in the maintenance department were using racial slurs allegedly was fired shortly after the company learned of his complaints. 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 EEOC alleged that the distributor's supervisors, including the Black employee's supervisor, used that restroom, yet the racist message remained for 30 days after he complained. The complaint alleged that they complained to the company about racial comments that included the "N-word" made by a White employee between June and August 2012, but the harassment continued. Additionally, EEOC alleged that an assistant store manager threatened to lynch him. Consequently, despite promising the Black applicant he would be hired for a warehouse position, the company hired a less qualified White applicant. In September 2010, the EEOC sued an oil well servicing contractor for terminating an African-American employee allegedly because of his race and for complaining about racial discrimination. 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'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. 15-11850 (11th Cir. 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 EEOC's lawsuit seeks relief for a class of terminated housekeeping employees as well as a class of Black housekeeping applicants who sought employment at its Shadeland Avenue Hampton Inn facility between approximately September 2, 2008 and June 2009. Invest., No. 1-800-669-6820 (TTY) According to the EEOC's complaint, Gonnella violated federal law by allegedly failing to respond adequately to a Black employee's complaints that he endured a pervasive pattern of disparaging racial comments made by his co-workers. Female employees were subjected to offensive sexual comments and touching by managers and coworkers; Black employees to racially derogatory language, and directives to wait on customers that White employees refused to serve and to work in the smoking section; and a White employee to racially offensive language because of her association with a Black employee. The company was accused of discriminating on the basis of race when it hired the son of a selecting official rather than a veteran African American manager, to serve as the company's marketing company president. The jury awarded $15,000 in compensatory damages and $50,000 in punitive damages to the rep. In September 1998, an EEOC AJ properly decided that a Black male hospital director who abused all employees was not insulated from liability for racially harassing an African American female where evidence showed that she was the target of more egregious and public abuse than other employees. In January 2017, Hospman LLC paid $35,000 and furnish other relief to settle a race discrimination lawsuit filed by the EEOC. The agreement applies to all ACM facilities and locations nationwide and has extra-territorial application to the extent permitted by Title VII of the 1964 Civil Rights Act. 7/6/2016). The company also must submit reports to the EEOC demonstrating its compliance with the consent decree. According to the consent decree, Bass Pro will engage in good faith efforts to increase diversity by reaching out to minority colleges and technical schools, participating in job fairs in communities with large minority populations and post job openings in publications popular among Black and Hispanic communities.