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. Annually, defendants must provide copies of the decree to all supervisors and managers, and obtain signed statements that they have read the decree and agree to be bound by its terms. Additionally, two coworkers attempted to put his head in a noose that was hanging in the warehouse; the warehouse manager saw the noose and laughed despite company policies that obligated him to report the harassment. Hamilton Growers will also implement non-discriminatory hiring measures, which include targeted recruitment and advertising, appointment of a compliance official, and training for positive equal employment opportunity management practices. The store manager was required to immediately reinstate the sales associate, but then engaged in a series of retaliatory actions designed to generate reasons to terminate him again and/or force the sales associate to resign, the agency alleged. Specifically, the lawsuit alleged that defendant's former general manager refused to hire Blacks and other non-Caucasian applicants into nursing support, food service, and housekeeping positions at an assisted living facility and coded the applications of minority applicants because she believed residents preferred White employees and did not want minorities to come into their rooms. EEOC v. L.A. In December 2009, a telemarketing company agreed to pay $60,000 to a Black former employee who EEOC alleged was immediately terminated following a diabetic episode at work in violation of Title VII and the ADA. 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. Testimony in the record showed that the approving official was biased against those of complainant's race, particularly males. 11-792 (W.D. 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. 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 agency was ordered to appoint complainant to the position of Assistant Chief Deputy U.S. 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). See also Resolution Agreement between the U.S. Department of Health and Human Services Office for Civil Rights and Hurley Medical Center, 13-156114, (July 31, 2014 available at http://www.hhs.gov/ocr/civilrights/activities/agreements/hurley.html). 11-805 (M.D.N.C. Of those 88 employees, 70 were Black. Additionally, he complained about plaintiff's request for a three-month maternity leave and refused to transfer back her job duties when she returned to work. Furthermore, the foreman, who wore a swastika on his arm, stated that he had "cut an African from the belly to the neck" and that he "likes killing blacks and Mexicans." Washington A lawsuit challenging the abortion pill filed by anti-abortion rights advocates in federal court in Texas has put the spotlight on the judge . In June 2005, an AJ found direct evidence of retaliation and circumstantial evidence of race discrimination where the agency's managers did not act on the Black complainant's plea for mail handling assistance for many months before the complainant injured himself. In addition to paying $600,000, the three-year consent decree settling the lawsuit also requires Bankers Asset Management to hold a mandatory, annual three-hour training on race discrimination and retaliation in which its president or another officer participates, among other provisions. 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. Wash. July 31, 2017 ). 15-3201 (7th Cir. The decision noted that the Agency took six months to engage in an internal investigation and issue the coworker a proposed 30-day suspension. 09-5330 (E.D.N.Y. Therefore, the Commission found that Complainant established that the Agency's stated reasons for her non-selection were a pretext for race and sex discrimination. After consultation among the friends, another White friend entered the store and was immediately given an application on request. Further, the AJ noted that the selection criteria was changed for one candidate who did not meet the requirements but not for Complainant. The company denied the allegations in court. In June 2008, a landmark New York City restaurant in Central Park settled an EEOC Title VII lawsuit filed on behalf of female, Hispanic, and Black employees for $2.2 million. Erwin B. v. Dep't of Homeland Sec., EEOC Appeal No. June 15, 2016). 12, 2013). 2:11-cv-06183 (E.D. Equal Employment Opportunity Commission and Tonya Battle, Charging Party, and Hurley Medical Center, Respondent," Detroit Field Office, September 26, 2013. Defense Commissary: 0.97 percent. In October 2010, Austin Foam Plastics, Inc., (AFP) a producer and distributor of corrugated box and cushion packaging, agreed to pay $600,000 to resolve a number of racial and sexual harassment charges. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on an employees disability. 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. Neither the White coworker nor the supervisors who witnessed the racial incidents were disciplined. Emmert's foreman and employees regularly used the "n-word," called the Black employee "boy," called the White employee a "n---- lover," and made racial jokes and comments. EEOC v. Ready Mix USA d/b/a Couch Ready Mix USA LLC, No. No. Just 4 months after promoting Charging Party, defendant reprimanded him and demoted him. In June 2013, the largest and oldest adult entertainment strip club in Jackson, MS paid $50,000 to settle a lawsuit alleging that it discriminated against Black dancers when it maintained schedules only for Black women and forced them to compete for dancing slots on the "Black shift." The harassment included being subjected to racial taunts and mistreatment from Hispanic employees and supervisors and having their safety threatened because the supervisors conducted safety meetings in Spanish only and refused to interpret for them in English. The facility claimed that it ceased the coding practice in 2008, but admitted that it continued to take client racial preferences into account in making caregiver assignments. 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. The Commission claimed that the company illegally granted placement preferences to Hispanic temps over African American temps. EEOC v. AutoZone, Inc., No. EEOC ordered the agency to determine complainant's entitlement to compensatory damages; train the supervisor with regard to his obligations to eliminate discrimination in the federal workplace; and consider taking disciplinary action against the supervisor. In May 2006, the Commission won a Title VII case filed on behalf of Asian Indian legal aliens who were victims of human trafficking, enslavement, and job segregation because of their race, national origin, and dark-skinned color. In June 2011, Herzog Roofing, Inc., a Detroit Lakes, Minn., roofing company, agreed in a pre-suit settlement to pay $71,500 to seven Black, Hispanic, and American Indian employees to settle racial harassment and retaliation charges, alleging that the targeted employees were frequently subjected to racial epithets, racial jokes and hostile treatment by managers and coworkers and that complaints were ignored. Additionally, the hotel agreed to hire an outside equal employment opportunity consultant to ensure that the company implements effective policies, procedures and training for all employees to prevent discrimination, harassment and retaliation. 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. In July 2010, Area Temps, Inc., a northeast Ohio temporary labor agency, agreed to pay $650,000 to resolve an EEOC lawsuit alleging that the company engaged in a systematic practice of considering and assigning (or rejecting) job applicants by race, sex, Hispanic national origin and age. Ga. A blind individual applied as a night warehouse loader after his company eliminated his previous position as a driver's aide. 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. Selected List of Pending And Resolved Cases Involving Farmworkers from 1999 to the Present. In December 2012, EEOC and a North Carolina printing firm settled for $334,000 a lawsuit alleging the firm violated Title VII of the 1964 Civil Rights Act by not placing non-Hispanic workers in its "core group" of regular temporary workers who perform the company's light bindery production jobs and giving disproportionately more work hours to Hispanic workers. EEOC v. M. Slavin & Sons Ltd., No. In May 2009, the district court ruled that the distributor was not liable for racial harassment or retaliation under Title VII because the employer took prompt and remedial action once it was notified of the racial slur and because it terminated the employee misconduct, not because he opposed race discrimination. In May 2013, the EEOC sued Clarksdale's Stone Pony Pizza, alleging that the pizza place maintains a racially segregated workforce, and that it "hired only whites for front-of-the-house positions such as server, hostess, waitress, and bartender, and hired African-Americans for back-of-the-house positions such as cook and dishwasher." 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. 42 U.S.C. Complainant filed an EEO complaint alleging that the U.S. Department of Transportation discriminated against her on the bases of race (African-American) and color (Black), when on November 11, 2016, she was subjected to harassment by a coworker. In addition to the monetary relief, the consent decree settling the suit enjoins the company from terminating employees in its El Dorado central location's Inorganic Bromine Unit on the basis of race. 3:12-cv-3069(LTS) (N.D. Iowa consent decree granted June 24, 2013). In December 2004, the Commission affirmed an AJ's finding that a Black female complainant was subjected to discrimination on the basis of her race and sex with regard to the processing and approval of her application for telecommuting and her request for advanced sick leave. Such alleged conduct violates the Age Discrimination in Employment Act, which prohibits discriminating against individuals because they are age 40 or older. Bowers v. Dep't of Transp., EEOC Appeal No. The record showed that complainant was not rated as "marginal" and that the Manager who made the decision to terminate complainant conceded that complainant passed all required tests. The consent decree awards the laborer $87,205 in monetary relief, $47,205 as backpay and $40,000 as punitive damages (paid in four quarterly $10,000 installments), all personally guaranteed by the owner, as well as a written offer of reinstatement. 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. 7:14-cv-00136 (M.D. In November 2011, one of the nation's largest retailers will pay $100,000 and furnish other relief to settle the EEOC's race, sex and age discrimination and retaliation lawsuit. The EEOC's lawsuit charged that JL Schwieters Construction, Inc. violated federal law when it subjected two Black employees to a hostile work environment, including physical threats, based on their race. 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. The company will also provide a neutral reference letter to the terminated employee. When some employees complained, the supervisor allegedly replied the noose was "no big deal" and that workers who complained were "too sensitive." 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 supplier promoted complainant, but did not increase his base salary. The EEOC ordered the placement of Complainant into the Division Secretary position, with appropriate back pay and benefits, and payment of attorney's fees and costs. EEOC v. Hamilton Growers, Inc., Civil Action No. In November 2010, a nationwide provider of engineering and janitorial services to commercial clients entered into a 4-year consent decree paying $90,000 in backpay and compensatory damages to settle the EEOC's claim that it discharged a building services engineer at a mall in Bethesda, Maryland in retaliation for complaining of race and sex discrimination. 71 Civ. EEOC v. Holmes & Holmes Industrial, Inc., No. The decision awarded complainant a retroactive promotion with back pay, $150,000 in compensatory damages and attorneys fees and costs. The coworkers also made racially derogatory comments including using the racially offensive term "n----r-rigged," which was witnessed by the employees supervisor who took no action to stop it. The EEOC also found that the company retaliated against employees who complained about the harassment or discrimination. Complainant applied for the position, was rated as qualified, interviewed for the position, and was not selected. The jury also found that Walmart turned down Spaeths later request to be rehired because of her disability or because of their need to accommodate her disability. The Sixth Circuit Court of Appeals affirmed in part, reversed in part, and remanded the district court's decision granting summary judgment to the defendant on the White plaintiffs' Title VII claims alleging that they were subjected to a racially hostile work environment based on their association with their Black coworkers. . In December 2012, an office and technology supply store paid $85,000 and target recruitment of African-Americans and Hispanics to settle a retaliation lawsuit filed by the EEOC. Real EEOC Cases. 2:09-CV-923 (M.D. EEOC v. Rugo Stone, LLC, Civil Action No. The court also found that a reasonable jury could decide that Defendant failed to exercise reasonable care to prevent or remedy the harassment since it did not distribute its written policy forbidding racial harassment to its employees, post it at the job-site, or train the employees about what constitutes harassment and how to report it. 1-800-669-6820 (TTY) The complaint alleged that since at least January, 2012, Diversified engaged in an ongoing pattern or practice of race discrimination against African-American job applicants in Maryland, Washington D.C., and Philadelphia metropolitan areas by refusing to hire Black applicants for custodian, lead custodian or porter positions and racially harassing a Black janitorial supervisor in the presence of customers and employees. 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. 3:10-cv-00681 (S.D. EEOC v. Stone Pony Pizza, Inc., No. In June 2019, Aarons Inc. paid $425,000 and provided anti-discrimination training to its New York City area workforce to settle a federal government lawsuit accusing it of racial harassment. In August 2009, a Pinehurst, N.C.-based support services company for condominium complexes and resorts paid $44,700 and will furnish significant remedial relief to settle a race and national origin discrimination lawsuit, alleging the company unlawfully discharged six housekeepers because of their race (African American) and national origin (non-Hispanic) and immediately replaced them with Hispanic workers. Hubbell won her trial in district court, and a jury awarded $85,600 in front and back . EEOC v. King-Lar Co., No. 0120170218 (Dec. 21, 2017) . 4:11-cv-00117(JHM)(HBB) (W.D. The lawsuit also alleged that when he complained, the company demoted the Black supervisor, changed his work assignments, hours, and conditions and then fired him. judgment and injunction entered Oct. 9, 2012). In August 2012, a Tampa, Fla.-based environmental services company agreed to settle a race discrimination and harassment case brought by the EEOC and eleven intervening plaintiffs for $2,750,000 and other relief. Pursuant to a three-year consent decree, the store also is required to provide training and ensure that it has appropriate anti-harassment policies in place. Besides the monetary compensation, the five year consent decree requires FAPS to meet substantial hiring goals for African-Americans; give hiring priority to rejected class members who are interested in working at the company; use recruiting methods designed to increase the African-American applicant pool; and hire an EEO coordinator to ensure compliance with Title VII. In September 2010, a mineral company agreed to pay $440,000 and other relief to settle a class race discrimination and retaliation lawsuit. 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. EEOC v. New Indianapolis Hotels, Inc., Case No. In July 2007, EEOC sued a steakhouse restaurant chain for permitting its customers to harass a White employee because of her association with persons of a different race. Based on interview scores, Selectee was chosen. EEOC had alleged that the company's Hagerstown, MD plant permitted its Black employees to be subjected to a racially hostile work environment despite repeated complaints about the harassment. In October 2018, Floyd's Equipment Inc., a Sikeston, Mo. Ga. consent decree filed 12/10/12). .ain't worth s--t." In addition to providing monetary relief, the company agreed to conduct employee training on its anti-harassment policy and make the policy available to all employees. EEOC v. Century Shree Corp. & Century Rama Inc., Case No. According to the Commission's lawsuit, the hospital allegedly subjected a class of Black female employees to different terms and conditions of employment and segregation in job assignments because of their race. In March 2007, EEOC upheld an AJ's finding that complainant was subjected to a hostile work environment on the bases of her race (African American) and sex (female) when management: yelled at complainant; refused to communicate with her on work matters; failed to assist her; interfered with her work; removed her space leasing duties and responsibilities which fundamentally changed the nature of her position; and engaged in an effort to get her off the leasing team. In July 2006, EEOC settled a Title VII action against a Dallas-based HIV service agency, in which four Black employees were allegedly racially harassed by the center's founder and former Executive Director, who is also African American. Individuals who believe they may have been victims of discrimination may file a complaint at https://civilrights.justice.gov/. 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. The AJ found that a customer continually harassed complainant by, among other actions, referring to complainant as a "worthless Indian, dumb Indian, and stupid." 21-1499. 3:10-cv-00379 (N.D. Fla. Mar. As background, the EEOC filed suit against operators New Indianapolis Hotels LLC and Noble Management LLC in September 2010, alleging that their Hampton Inn fired African-American housekeepers because of their race and in retaliation for complaints about race discrimination. Some discrimination or other violations are difficult to move on from, and these . According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. Upon arrival, her employer realized she was Black and her supervisors gave her no direction and very few assignments despite her requests for work. In September 2012, two California-based trucking firms agreed to settle for $630,000 an EEOC lawsuit alleging one company violated Title VII by permitting the harassment of African American, Latino, and East Indian workers and by otherwise discriminating based on race, national origin, and religion. Valuing settlement offers. 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. Furthermore, the investigation revealed that African-American employees were assigned to more difficult and dangerous work than Caucasian employees. The agreement resolves a lawsuit filed by the EEOC in September 2011. In August 2010, an aircraft services company settled for $600,000 the EEOC's suit claiming the company permitted the unlawful harassment of Black, Filipino, and Guatemalan employees at a Burbank, California airport. In February 2011, the EEOC settled a suit against a Portland-based seafood processor and distributor for $85,000 on behalf of a warehouse worker. The manager allegedly referred to the Caucasian attorney as haole, and advised the former attorney 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. Law360 (March 3, 2023, 7:02 PM EST) -- A nonprofit in Washington state failed to accommodate a janitor who asked to use an upright vacuum because of her degenerative hip impairment and fired her instead, the U.S. Complainant indicated that the coworker who also was the president of the local union sent her an email with the subject line Asshole and stated the following: If [Complainant] wasnt such a N** who would run an[d] yell racism tomorrow. An official website of the United States government. Tenn. Jan. 19, 2012). The EEOC alleged that Lawler violated Title VII by engaging in a pattern or practice of intentionally failing to hire black and other non-Hispanic applicants for jobs, and by using hiring practices, including word-of-mouth recruiting and advertising a Spanish-language preference, that had an adverse disparate impact on black and other non-Hispanic applicants without any business justification.