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In November 2019, a federal judge approved a $1.2 million settlement resolving the EEOCs racial harassment suit against Nabors Corporate Services Inc. and another Houston-based oil field services company. 7, 2012). In March 2017, an Illinois sheet metal and HVAC company paid $325,000 to settle EEOC charges that it subjected a Black Puerto Rican worker to national origin, race and color harassment that culminated in a brutal physical assault. In November 2010, a company which transports saltwater from oil wells and has facilities in Quitman, Arizona settled for $75,000 the EEOC's lawsuit alleging that it subjected a Black truck driver and another Black employee at its Quitman location to racial harassment, which included racial jokes and racially derogatory language (e.g., "nigger"); gave them fewer work assignments than White employees because of their race; and further reduced the driver's work assignments because of his complaints about racial discrimination and suspended and discharged him because of his race and his complaints about racial discrimination. Ala. Feb. 27, 2014). Some recent examples highlight the impact of retaliation case settlements on an organization's bottom line, not to mention . 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 addition to the monetary relief, the consent decree required the company to distribute a formal, written anti-discrimination policy; provide periodic training to all its employees on the policy and on Title VII's prohibition against national origin and race discrimination; send periodic reports to the EEOC concerning employees who are fired or resign; and post a "Notice to Employees" concerning this lawsuit. Ark. In February 2010, Big Lots paid $400,000 to settle a race harassment and discrimination lawsuit in which the EEOC alleged that the company took no corrective action to stop an immediate supervisor and co-workers, all Hispanic, from subjecting a Black maintenance mechanic and other Black employees to racially derogatory jokes, comments, slurs and epithets, including the use of the words "n----r" and "monkey," at its California distribution center. 1-800-669-6820 (TTY) Under the agreement, 23 Black employees will receive $650,000. EEOC contends that the company's superintendant and foreman, both White, were actually in charge of the crew that caused the damage. In February 2020, an Illinois fencing company paid $25,000 to settle a race harassment case brought by the EEOC. Abercrombie & Fitch also agreed to improve hiring, recruitment, training, and promotions policies; revise marketing material; and select a Vice President of Diversity and diversity recruiters. Furthermore, the company must conduct training on federal anti-discrimination laws, report on company responses to complaints, and post a remedial notice. The lawsuit also claims that Bass Pro punished employees who opposed the company's unlawful practices, in some instances firing them or forcing them to resign. 18, 2016). In June 2015, the EEOC filed an amicus brief in support of a pro se plaintiff whose race and age discrimination case was dismissed for failure to establish a prima facie case. The trainee stressed by the harassment and retaliation after reporting the harassment to upper management, took leaves from work and was eventually fired. In addition to the monetary relief, the conciliation agreement provides ensures that during the next five years, Ford will conduct regular training at the two Chicago-area facilities; continue to disseminate its anti-harassment and anti-discrimination policies and procedures to employees and new hires; report to EEOC regarding complaints of harassment and/or related discrimination; and monitor its workforce regarding issues of alleged sexual or racial harassment and related discrimination. The EEOC had previously sued the developer for failing to accommodate the religious beliefs of four Rastafarian employees who needed modifications to its dress code. The Commission found that the agency failed to provide a legitimate, non-discriminatory reason for the non-selection. According to the lawsuit, Lesine and Ware allegedly were subjected to unwelcome derogatory racial comments and slurs made by a White coworker, including the repeated use of the "n" word. The complaint took too long to investigate and Kristina Garcia . The agreement also imposes on BMW notice-posting, training, record-keeping, reporting and other requirements. Selected List of Press Releases Announcing Litigation Filings and Resolutions in Recent Race Harassment Cases. In August 2010, the EEOC and the largest commercial roofing contractor in New York state settled for $1 million an EEOC suit alleging the company discriminated against a class of Black workers through verbal harassment, denials of promotion, and unfair work assignments. In the first lawsuit, the EEOC charged that Bay Country's owner repeatedly used racial slurs and fired a secretary in retaliation for her opposition to the racial harassment. But in a race . the restaurant. Relief included retroactive promotion, back pay and a tailored order to allow complainant to submit her request for fees incurred solely for the successful prosecution of the appeal. In addition to the monetary relief, the company agreed to providing EEO training for its managers and supervisors the company and to submit a follow-up report on remedial measures being taken at the Concordville worksite. 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. A Heads-Up For Employers: EEOC Increases Enforcement Activities - Forbes there are many African'american midwives who are failed the final test after they have a masters certificate.raw scores have been cut up to 9 points so that they fail and can not practice. 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. In addition to the monetary relief, Holmes also committed to implement several affirmative steps to prevent and address race-based conduct on the worksite. 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. EEOC v. BMW Mfg. 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. The trial also established that the employee suffered devastating permanent mental injuries that will prevent her from working again as a result of the assault. Chapman University, a private university in Orange, Calif., paid $75,000 and furnished other relief to settle an EEOC race discrimination. 2:11-cv-01588-LRH-GWF (D. Nev. settlement June 18, 2015). Washington, DC 20507 Additionally, the lawsuit charged that Hamilton Growers provided lesser job opportunities to American workers by assigning them to pick vegetables in fields which had already been picked by foreign workers, which resulted in Americans earning less pay than their Mexican counterparts. The lawsuit seeks back pay, compensatory and punitive damages, instatement or reinstatement as well as an injunction against future discrimination and retaliation. According to the EEOC's lawsuit, the companys employees and warehouse manager verbally harassed an African American employee based on his race by calling him racial slurs and making offensive comments about Black people in his presence. The EEOC charged that the company, a New York-based real estate management company, allowed Charles Lesine and Marlin Ware to be harassed from late 2007 to November 2011 at Grandeagle Apartments, a residential complex in Greenville, South Carolina, that DHD managed. EEOC had asserted that the company gave an African American employee an unjustifiably negative performance evaluation shortly after she filed two internal complaints with management about her White supervisor's use of racially offensive language about her and in her presence and when it discharged her two weeks after she filed an EEOC charge because of her dissatisfaction with the company's response to her discrimination complaints. The Commission alleged that Whirlpool violated Title VII of the Civil Rights Act of 1964 when it did nothing to stop a White male co-worker at a Whirlpool plant in LaVergne, Tenn., from harassing an African-American female employee because of her race and sex. Kenny C. v. Dep't of Def., EEOC Appeal No. EEOC v. Alliant Techsystems Inc., Case No. The Regulation. Based on interview scores, Selectee was chosen. It's a classic Washington catch-22: For years, Congress has chastised the agency that investigates workplace discrimination for its unwieldy backlog of unresolved cases while giving it little to no extra money to address the problem. Additionally, defendant failed to retain employment applications as required by EEOC's regulations implementing section 709(c) of Title VII. The Associate Director emailed the panel chair and Selection Official, asking that the panel interview Selectee as a professional courtesy. The BQ grid results were disregarded and all candidates were rated and ranked based solely on interview scores. In October 2005, the EEOC obtained $650,000 for named claimants and an additional $70,000 for "unknown class members" in a Title VII lawsuit alleging that the owner of assisted living and other senior facilities in 14 states engaged in discriminatory hiring practices based on race and/or color. In August 2015, the district court denied a motion to dismiss by J&R Baker Farms LLC and J&R Baker Farms Partnership in a lawsuit brought by the EEOC. In December 2005, EEOC resolved this Title VII lawsuit alleging that a fast food conglomerate subjected a Black female employee and other non-White restaurant staff members (some of them minors) to a hostile work environment based on race. The manager allegedly made continually disparaging comments to the former attorney, saying that she needed to assimilate more into the local culture and break up with her boyfriend at the time, also White, in favor of a local boy. EEOC v. Outokumpu Stainless USA, LLC, No. filed 1/17/12 - The Commission appealed a decision by the Western District of Tennessee awarding attorney's fees to Memphis Health Center after granting its motion for summary judgment in an age discrimination and retaliation case. The harassing behavior continued despite numerous complaints by all three employees. In January 2017, Hospman LLC paid $35,000 and furnish other relief to settle a race discrimination lawsuit filed by the EEOC. As such, the incident altered the condition of complainant's employment. The decision then determined that the Agency erred finding that it took prompt action. The parties entered a three-year consent decree on July 30, 2008, which enjoins the company from engaging in racial discrimination or retaliation and requires the company to institute an equal employment opportunity policy and distribute this new policy to its employees. 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. The foreman also told racist jokes in the workplace, and made negative comments about African Americans; including that Sean Bell (shot by the police at a nightclub) deserved to be shot, and threatened that candidate Barack Obama would be shot before the country allowed a Black president. The AJ sanctioned the agency for failing to timely investigate the complaint. In March 2011, the Ninth Circuit affirmed the judgment of the district court against a major auto parts chain because it had permitted an African American female customer service representative (rep) to be sexually harassed by her Hispanic store manager. In addition, it was suspected that none of the seven members of complainant's race who had been performing the Mediator duties were selected for the position, while the one individual outside of complainant's race was chosen. EEOC v. Shanska USA Building, Inc., No. In December 2011, a New York City retail-wholesale fish market agreed to pay $900,000 and institute anti-discrimination measures to settle an EEOC lawsuit charging it with creating a hostile work environment for Black and African male employees. The EEOC also alleged that Lee's supervisor pointed to the doll and said "Hey Clint look! Four nurses filed discrimination lawsuits after a Hurley staff member allegedly posted a note with the father's instructions. The defendants in the most high-profile cases were: John Linehan contested his removal as chief deputy coroner by the elected coroner, who is African American. The decree also mandated that if the company ever re-opens the franchise in question or any other store, it must distribute its anti-discrimination policy to all employees, post a remedial notice, and report any future complaints alleging race-based discrimination. Black employees alleged that the supervisors allowed the behavior to continue unchecked. In its lawsuit, the EEOC charged that near Union City violated federal law by paying an African-American maintenance worker less than White counterparts and subjecting him to a hostile work environment. In September 2010, the EEOC commenced a lawsuit against a giant shipping and delivery service for subjecting a class of African-American employees to different job assignments because of their race. The federal district court approved a two-year consent decree requiring the facility to provide training regarding anti-discrimination laws to all its employees; post a notice informing its employees of the consent decree; report to the EEOC any complaints of discrimination made by its employees; and take affirmative steps to recruit Asian nurses. The court denied the request. The employee ultimately was fired after he complained to the company's safety manager about the harassment. Additionally, Reliable Nissan agreed to review its policies and procedures to ensure that employees have a mechanism for reporting discrimination and to make certain that each complaint will be appropriately investigated. The harassment included the White coworkers calling the Black employee racial slurs such as "spook," "spade" and "Buckwheat." The same managers also regularly assigned Black employees to longer routes with heavier items to deliver than they assigned White employees, the EEOC alleged. Under the two-year consent decree, the businesses will revise their anti-racial harassment policies; create an 800-hotline number for employees to report complaints about discrimination, harassment and retaliation; and conduct exit interviews of employees who leave the company. Over the years, the EEOC has investigated numerous job discrimination complaints brought by young workers. If the case is too serious for mediation or the employer declines mediation, then the EEOC may sue the employer. When the Black intern raised concerns about unequal treatment with management, she was fired. The judgment prohibits Ethio Express's President, Berhane T. Tesfamariam , and his business partner Mohammed Bedru from engaging in other discriminatory practices in the future. After several employees filed racial harassment charges with the EEOC, a noose was displayed in the workplace. OFO found that the Agencys explanation was a pretext for its unlawful discrimination in the selection process and the Agency had failed to articulate a legitimate, nondiscriminatory reason for its actions. The AJ found that a customer continually harassed complainant by, among other actions, referring to complainant as a "worthless Indian, dumb Indian, and stupid." Sep. 12, 2014). The Commission had alleged Ready Mix USA LLC, doing business as Couch Ready Mix USA LLC, subjected a class of African American males at Ready Mix's Montgomery-area facilities to a racially hostile work environment. The EEOC entered into a pre-suit conciliation agreement. The consent decree also includes provisions for equal employment opportunity training, reporting, and posting of anti-discrimination notices. Pursuant to the settlement agreement, the restaurant will establish a telephone hotline which employees may use to raise any discrimination complaints, distribute a revised policy against discrimination and retaliation, and provide training to all employees against discrimination and retaliation. 06-07766 (C.D. At that time, there were only three Black students in the 31-person class. In addition to the monetary relief, a three-year consent decree requires the company to use its best efforts to fill up to 25 percent of available positions with African-Americans. Finally, the company must keep records of each future complaint related to race, national origin, or retaliation and furnish written reports to the EEOC regarding any potential complaints. Windings also will use objective standards for hiring, guidelines for structured interviews, and will document interviews. On January 15, 2011, the corporation asked that the damages be reduced because, inter alia, the plant where the victim had worked had closed. Pursuant to a three-year consent decree, the university also will improve and implement university-wide enhanced policies and complaint procedures; designate an EEO coordinator to monitor NYU's compliance with federal anti-discrimination laws; conduct in-person, comprehensive EEO training sessions for employees, supervisors, and HR staff; and maintain records of its responses to future employee complaints of discrimination, harassment, and retaliation. Lawyers can be helpful when brokering a higher settlement. In September 2007, the Commission upheld an AJ's determination that complainant was discriminated against on the bases of race (Asian American), national origin (Japanese), sex (female), and/or in retaliation for prior EEO activity when: (1) she received an unsatisfactory interim performance rating; (2) she was demoted from her GS-14 Section Chief position; and (3) management's actions created and allowed a hostile work environment. Under the agreement, Cabela's is required to appoint a diversity and inclusion director who will report directly to the company's chief administrative officer and set hiring goals designed to achieve parity in the hiring rates of white and minority job applicants. In a 2-1 decision partially overturning a federal trial court in Louisiana, the divided panel found that EEOC established a prima facie case of "work-rule" discrimination against Kansas City Southern Railway Co. on behalf of two of the four claimants. Responding to an EEOC charge: 5 common employer mistakes Nov. 9, 2015) (fee ruling). In the lawsuit, EEOC alleged that the harassment of African American employees included multiple displays of nooses, the repeated use of the "N-word," and physical threats. In October 2019, Breakthru Beverage Illinois, LLC (BBI), a distributor of alcoholic beverages, agreed to pay $950,000 to resolve an investigation of race and national origin discrimination conducted by the EEOC. The harassment in this case, in which the EEOC filed an amicus brief in support of the victims, centered on the frequent use of the term "boy" to refer to the Black male employees. 4. EEOC v. Sierra Restroom Solutions, LLC, Civ. According to the EEOC's complaint, at various times between mid-2005 and 2008, Black employees were subjected to racial harassment that involved the creation and display of nooses; references to Black employees as "boy" and by the "N-word"; and racially offensive pictures such as a picture that depicted the Ku Klux Klan looking down a well at a Black man. The complainant resigned and was replaced by a White junior account manager who earned a higher base salary than complainant had ever earned as an account manager. The monetary award will be paid to African-American applicants who were denied jobs. But I see you as a black man." Under the terms of a consent decree signed by Judge Henry M. Herlong of the U.S. District Court for the District of South Carolina, the $1.6 million will be shared by 56 known claimants and other black applicants the EEOC said were shut out of BMW's Spartanburg, S.C., plant when the company switched to a new logistics contractor. The EEOC took the case to trial and won, with a jury awarding Nelson $187,000 in back pay on his retaliation claim. The clerk told her she should take her hood off and not burn a cross on his lawn. Pioneer management will receive additional training on its responsibilities under Title VII; be required to immediately report complaints to the human resources department; create a centralized system to track complaints; and be held accountable for failing to take appropriate action. 7:14-cv-00136 (M.D. The complainant suffered debilitating and career-ending shoulder, neck, arm, and back injuries and lapsed into a major depression. 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. Under the terms of the consent decree, if the company resumes operations, it will have to implement an anti-discrimination policy and report to the EEOC all discrimination complaints and information regarding its hiring practices during the term of the decree. Pioneer entered into a four-year consent decree that prohibits Pioneer from creating, facilitating or permitting a hostile work environment for employees who are Latino or darker-skinned. In another recent California case, Kourtney Liggins sued the Archdiocese of Los Angeles for wrongful termination related to her pregnancy. 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 Commission found that the agency's reasons were not sufficiently clear so that complainant could be given a fair opportunity to rebut such reasons. 10-955 (D. Utah Oct. 10, 2012). In December 2009, a Tennessee company that processes nuclear waste agreed to settle claims by the EEOC that Black employees were subjected to higher levels of radiation than others. The Commission noted that, while complainant was asked to provide additional information concerning child care and told that she would have to submit to a home inspection, a White male employee who also had children at home was not asked to do so. 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 its lawsuit, the EEOC had alleged that the employee's supervisors subjected him to racial epithets and asked if he was a "black man or a n----r." The Commission further alleged that, following his complaints of racial discrimination, the company demoted and later discharged the employee. Maritime allegedly failed to offer them promotion or advancement opportunities to key employee or cashier positions, despite their tenure and outstanding job performance, and paid many class members only the minimum wage despite years of service, while paying non-Hispanic workers higher wages and promoting them. In June 2015, Dollar General Corporation paid $32,500 and furnish other relief to settle a race discrimination lawsuit filed by the EEOC. Aug. 3, 2012). The consent decree enjoins the restaurant from discriminating based on race in hiring or promotion into the bartender position, requires the restaurant to adopt a written anti-discrimination policy, provide Title VII training to all managers and supervisors, keep records related to any future complaints alleging racial discrimination in hiring or promotion, and submit reports 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. There are few ways to determine if these items could have been awarded based on merit or favoritism. Share sensitive According to the EEOC's lawsuit, a Puerto Rican store manager allegedly harassed a dark-complexioned Puerto Rican sales associate because of his skin color (e.g., taunting him about his color and asking why he was "so Black") and then fired him for complaining. The three-year consent decree provides that the company also will take meaningful steps toward ensuring a work environment that is free from harassment by redistributing its anti-discrimination policy and providing annual anti-harassment training for certain human resources professionals and managers. In June 2015, a Laughlin hotel has agreed to pay $150,000 to six Latino or brown-skinned workers who were "subjected to a barrage of highly offensive and derogatory comments about their national origin and/or skin color since 2006." The consent decree also requires the owner/manager to attend individual training on EEO issues and the company must report to the EEOC on its compliance with the consent decree. According to the lawsuit, the company's allegations that the Black journeyman electrician was in charge of a crew that damaged light fixtures is a pretext.