The Commission found that, as no other probationary employee was available as a comparator, complainant established a prima facie case of discrimination by creating an inference of race and color discrimination. In addition to the $100,000 payment, Sears has agreed to take specified actions designed to prevent future discrimination, including the posting of anti-discrimination notices to employees, dissemination of its anti-discrimination policy and providing anti-discrimination training to employees. Gender-based discrimination claims were the most frequent basis for the EEOC's amicus filings this year, as the agency placed 11 cases in this category. In December 2015, Hillshire Brands (formerly known as Sara Lee Corporation) agreed to pay $4 million to 74 workers at the now-shuttered Paris, Texas, plant, including the dozens of people who sought EEOC charges against Hillshire and other aggrieved workers identified by the EEOC and the plaintiffs. When some employees complained, the supervisor allegedly replied the noose was "no big deal" and that workers who complained were "too sensitive." 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. One Rastafarian security officer objected to the supervisor's reaction and complained that he heard the supervisor had referred to the Rastafarians by the "N-word." In August 2010, a temporary staffing agency with operations in five states admitted no wrongdoing but agreed to pay $585,000 to settle an EEOC suit alleging that the agency favored Hispanic workers over Black workers in hiring at a warehouse in Memphis, Tennessee. No. In its complaint, the EEOC charged that the Chicago-area Italian restaurant chain violated federal civil rights laws by refusing to hire African-Americans because of their race. However, none of the lawsuits filed in January were publicized. In addition to the monetary relief, the decree requires the company to set numerical hiring goals for its field laborer positions, recruit Black and female applicants via print and Internet advertisements and report to the EEOC regarding its attainment of the numerical hiring goals and other settlement terms. In addition to the monetary relief, the consent decree requires the store chain to post a remedial notice, provide semi-annual training to managers and supervisors on employee and applicant rights under Title VII and employer obligations under Title VII, and report applicant data and any future complaints related to racial discrimination to the EEOC. The manager's harassment included "humping" her from behind, grabbing her head, demanding that she perform oral sex on him, telling customers that she had AIDS "because it was proven that 83 percent of African American women had AIDS," calling her a slut, and slapping her in the face with his penis. 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. The consent decree enjoins the company from engaging in racial discrimination or retaliation and requires the company to post the EEO Poster in an area visible to all employees. The settlement requires Baker Farms to stop discriminatory practices on the basis of national origin or race, refrain from automatically filling jobs with H-2A workers, or foreign nationals who receive a visa to fill temporary agricultural jobs, without first considering American workers and institute a formal anti-discrimination policy by Aug. 1, in addition to the monetary relief. al, No. EEOC v. Area Temps, No. 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. Under the agreement, 23 Black employees will receive $650,000. In March 2009, a manufacturer and distributor of foodservice equipment has offered permanent employment to an African American applicant and furnished other relief to resolve a race discrimination lawsuit alleging that the company refused to hire the Black applicant into a permanent position at its Fayetteville, Tenn., facility because he disclosed a felony conviction on his application - even though the company hired a White applicant a year earlier who made a similar disclosure. According to the EEOC, an African-American foreman repeatedly had racial slurs directed at him by a White superintendent and other White foremen. 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. 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. Despite complaining to management, the African-American employee's compensation remained the same until she resigned. According to EEOC's complaint, the company gave raises and paid higher salaries to all maintenance department employees except the department's lone African-American employee because of racial animus and allowed a supervisor to regularly use racially offensive language toward the Black employee, causing the employee to quit his job to escape the abuse. The case settled for $75,000 and a raise in her annual salary. The Regulation. In September 2004, the Commission affirmed an AJ's finding that a Caucasian registered nurse had been subjected to racial harassment and constructive discharge. 09-30558 (5th Cir. In its lawsuit, the EEOC said that Atsalis retaliated against a journeyman painter, who complained about the use of the "N-word" by his foreman, by not bringing him back to work for the 2008 work season. The company also agreed not to exclude any African American employee or applicant for the front-desk day positions based on their race for any future businesses it may operate. The EEOC lawsuit alleged that that Wells Fargo Financial failed to promote a highly qualified 47-year-old African-American loan processor on the basis of age and race. The 18-month consent decree enjoined DSW from future race discrimination and unlawful retaliation; required that DSW will provide training on federal laws and store policies prohibiting discrimination and retaliation and reporting regarding any internal complaints of alleged race discrimination or retaliation. A consent decree required the company to pay $200,000 to the victims and enjoined future discrimination; to actively recruit Native Americans for available positions; to implement and publish a policy and procedure for addressing harassment and retaliation that includes an effective complaint procedure, and to report to EEOC on complaints of retaliation and harassment based on Native American heritage. EEOC v. Local 28 of the Sheet Metal Workers' Int'l Ass'n, Case No. After being subjected to racial slurs and witnessing a supervisor display a noose with a black stuffed animal hanging from it, the employee complained. Mich. Mar. The lawsuit alleged that the driver was fired after complaining twice in one month about the treatment. The lawsuit alleged that the manager told one employee she looked as "Black as charcoal" and repeatedly called her "charcoal" until she quit. EEOC v. Ready Mix USA d/b/a Couch Ready Mix USA LLC, No. In October 2007, a trial court determined that EEOC is entitled to a trial on its claim that a Toyota car dealership engaged in a wholesale elimination of Blacks in management when it demoted and ultimately terminated all of its African American managers because of their race. The alleged unlawful conduct included the site manager commenting to the three employees that she "hated Puerto Ricans," that "Hispanics are so stupid," that "Colombians are good for nothing except drugs," and that "damn, f-----g Africans . The EEOC brought disparate impact and treatment claims based on race and national origin, and a retaliation claim for a white supervisor who stood up for the African workers and was fired several months before the test was instituted. 15-11850 (11th Cir. Every employee shall be notified of the procedure for initiating racial harassment or other bias complaints, including notice of their right to file EEOC charges if the company does not resolve their complaint. Evidence showed that management generally condoned racially related comments made by African-American supervisors and co-workers who frequently voiced a "Black versus White" mentality at the work place. The four-year agreement requires the company to furnish semi-annual compliance reports to the EEOC, including regarding the whereabouts of the two managers accused of the alleged harassment. In February 2012, the owners of Piggly Wiggly supermarkets in Hartsville and Lafayette, Tenn., agreed to pay $40,000 to settle a race and gender discrimination lawsuit filed by the EEOC. The complaint also alleged that defendant failed to retain employment applications. In the consent decree, the pizzeria agreed to provide equal employment and hiring opportunities in all positions and Title VII training for supervisors, managers, and owners. 21-1499. EEOC v. U-Haul Co. Int'l & U-Haul Co. of Tenn., No. In addition to monetary relief, the four-year consent decree required Pioneer Hotel must hire a consultant to help implement policies, procedures and training for all workers to prevent discrimination, harassment and retaliation. The employer chose to voluntarily resolve this issue with the . 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 September 2019, the owner of a wedding event space in Kansas City agreed to pay $15,000 to a former part-time employee whom EEOC alleged was the subject of a campaign of intimidation and threats for supporting a co-workers racial discrimination claim. 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. Airline Settles EEOC Suit Claiming It Fired Pregnant Worker; March 01, 2023. In May 2009, a masonry company agreed to pay $500,000 to settle a Title VII lawsuit alleging race and national origin harassment of Hispanic employees. The two-year decree enjoins Ready Mix from engaging in further racial harassment or retaliation and requires that the company conduct EEO training. The company agreed to pay $45,000 to the biracial employee, to create a policy on racial harassment, and to train the owner, managers and employees about how to prevent and address race discrimination in the workplace. 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. 2, 2017). Purported conduct of this nature violates Title VII of the 1964 Civil Rights Act. The Commission said certain Black workers were highly qualified to become Team Leaders, but the company hired White applicants who were less qualified for the job. Despite the employees' complaints to management, the alleged race-based harassment continued. 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). Other Holmes employees used the term "n----r-rigging" while working there, and racist graffiti was evident both inside and outside portable toilets on the work site. The employee also was subjected to national origin discrimination based on her name and accent when the district supervisor allegedly excluded the employee from staff meetings because he said the other employees could not understand her accent and asked her to change her name because the customers could not pronounce it. Additionally, the manager asked a Black hostess to "touch and suck his penis" and inappropriately grabbed her buttocks and breasts. EEOC v. A.C. Widenhouse Inc., No. In September 2019, Lexington Treatment Associates, a Delaware-based limited liability company that owns and operates methadone clinics in North Carolina, paid $110,000 and provided other relief to settle a racial harassment lawsuit brought by the EEOC. After the Black sales manager complained about the derogatory comments, two White managers asked the consultant to stop his discriminatory behavior. The supplier also will maintain policies and procedures prohibiting race discrimination and wage disparities based on race, which will include investigation procedures and contact information for reporting complaints. The store manager allegedly told one applicant that the store "does not hire White people.". The lawsuit also alleged that Baker Farms segregated work crews by national origin and race. 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. The proposed consent decree would settle both EEOC's suit and a private suit filed in 2008 by 14 Black employees under the Civil Rights Act of 1866 (42 U.S.C. The consent decree also requires the restaurant to provide training in equal employment opportunity laws for all of its employees and to appoint an Equal Employment Office Coordinator, who will be responsible for investigating discrimination complaints. In February 2006, the Commission affirmed an AJ's finding that complainant had been subjected to hostile work environment discrimination based on race (African-American) when a noose was placed in his work area. The parties reached an agreement and filed a joint motion to enter a consent decree. In May 2006, EEOC settled a hostile work environment case against a retail furniture store chain for $275,000. Robinson reported the misconduct to several managers, but rather than taking corrective action, the director of used cars joined in the harassing conduct. The AJ determined that Complainant's qualifications were plainly superior to the Selectee's qualifications in that Complainant had more years of contracting experience, had contracting experience involving more complex matters and higher monetary amounts, and had more years of supervisory experience. 1-844-234-5122 (ASL Video Phone), Call 1-800-669-4000 Several of the Black plaintiffs also testified about the presence of racial graffiti in the plant bearing similar messages, including "KKK everywhere," "go home sand niggers," and "Jesus suffered, so the niggers must suffer too, or Blacks must suffer, too.". King-Lar's policies and training materials also must reference the name and contact information for the designated employee as well as an 800 number and website that employees can use to make anonymous complaints. 24, 2016). [] Hubbell won her trial in district court, and a jury awarded $85,600 in front and back . The EEOC also charged that Hispanic and Filipino employees were told they had to be "White to get ahead" at the company. Aside from the monetary relief, the county agreed to establish policies and complaint procedures dealing with discrimination and harassment in the workplace and to provide live EEO training to all managers and supervisors. The district court decided that the companies were a single employer. Based on its investigation, the EEOC had found reasonable cause to believe that BBI discriminated against Illinois sales employees by offering them account and territory assignments that, when accepted, resulted in national origin or race discrimination, which violates Title VII of the Civil Right Act of 1964. Additionally, the EEOC alleged that an African-American telemarketer was paid less than a Caucasian telemarketer in a substantially similar job. is the contrast in races." In March 2007, MBNA-America agreed to pay $147,000 to settle a Title VII lawsuit alleging discrimination and harassment based on race and national origin. 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. In June 2015, Pioneer Hotel, Inc. in Laughlin, Nevada agreed to pay $150,000 and furnish other relief to settle a national origin and color discrimination lawsuit filed by the EEOC. 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. The Commission affirmed the award of $50,000 in non-pecuniary damages due to complainant's emotional suffering, restoration of leave, payment of costs, and mileage. 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. The consent decree further requires it to maintain a complaint procedure to encourage employees to file internal good faith complaints regarding race discrimination and retaliation. 15-3201 (7th Cir. In December 2007, a convenience store distributor paid $100,000 to resolve an EEOC lawsuit alleging race, color, and national origin discrimination. The supplier promoted complainant, but did not increase his base salary. The analyst was terminated allegedly because she left work 30 minutes early to beat the traffic. 7:11-CV-00134-HL (N.D. Ga. settlement announced Dec. 13, 2012). The lawsuit alleged that a White male store manager ordered all the African American employees to be strip-searched in response to a White cashier's drawer turning up $100 short. 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. According to the EEOC's complaint, the assistant manager subjected the Black stylist to racist slurs in two separate incidents occurring in March and April 2008. Thus, the Commission found that the prima facie case and complainant's qualifications, combined with the agency's failure to provide a legitimate, nondiscriminatory reason for complainant's non-selection, warranted a finding of race discrimination. The Agency also appeared to have violated its Merit Promotion Plan by having a lower-level employee participate in the interview panel. After six years as a line service technician, defendant promoted Charging Party to supervisor. The average wrongful termination settlement in North Carolina is between $5,000 - $90,000. Va. Mar. 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. The company also will implement and disseminate to all employees a revised anti-harassment policy, and will also post a notice regarding the settlement. Although complainant was a probationary employee, the record reflected that he worked at the same level or better than other full-time carriers. The verdicts included $1.5 million in punitive damages $1.68 million in compensatory damages, and $130,550 in backpay. 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. The EEOC found that the employees supervisor, an Asian woman, intentionally sabotaged complainant because she did not want a Hispanic woman to potentially serve as her supervisor. The complainant also alleged that the supervisor only wanted to promote Caucasian employees. 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. 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 EEOC claimed that former manager who hired her, was suspended and then fired after he refused to comply with the owner's request. reopened after dismissal due to bankruptcy Mar. In October 2007, the Commission decided that a federal agency had improperly dismissed a Black employee's racial harassment complaint for failure to state a claim. After the first interview, the recruiter allegedly advised her to take out her braids to appear more professional. Of these, employees lost at least half of all cases. The Caucasian employee also was called derogatory names, such as "N-lover," when she turned down customers for dates. The decree also provides for posting anti-discrimination notices, record-keeping and reporting to the EEOC. The EEOC had charged that the company unlawfully retaliated against an employee for objecting to race discrimination. 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. 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. As part of a five-year conciliation agreement, J.B. Hunt agreed to review and, if necessary, revise its hiring and selection policies to comply with EEOC's April 2012 enforcement guidance regarding employers' use of arrest and conviction records. Following a hearing, the AJ found that the Agency failed to articulate a legitimate, nondiscriminatory reason for Complainant's non-selection. Apr. The agreement also imposes on BMW notice-posting, training, record-keeping, reporting and other requirements. The consent decree provided $255,000 in monetary relief: $105,000 to Charging Party and $150,000 for a settlement fund for eligible claimants as determined by EEOC. In its lawsuit, the EEOC charged that Bahama Breeze managers committed numerous and persistent acts of racial harassment against Black employees, including frequently addressing Black staff with slurs such as "n.r," "Aunt Jemima," "homeboy," "stupid n.r," and "you people." 8:12-cv-00643-EAK-MAP (M.D. 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. By failing to address numerous comments that were open to a racially motivated interpretation, and by circumscribing its analysis to just one comment without reviewing the totality of the circumstances, the district court committed reversible error in its grant of summary judgment for Fairview on the discrimination and hostile work environment claims. A manager also made demeaning references to slavery to the fuelers, such as telling them: "You guys are lucky I pay you because way back then, you did not get paid"; "You are lucky to be paid. As such, the decision concluded that Complainant had been subjected to harassment based on her race and color. 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.