The lawsuit also said workers were told not to speak Spanish on break, at least one employee lost his job after complaining about the treatment, and the company failed to correct the problems. The Eleventh Circuit essentially agreed and concluded that the discriminatory comments constituted circumstantial evidence of discrimination sufficient to defeat summary judgment. ) or https:// means youve safely connected to the .gov website. Check DoNotPay's Ranking of EEOC Discrimination Cases Won In addition to the monetary relief, the three-year consent decree requires the company to provide mandatory annual three-hour training on race discrimination and retaliation under Title VII; have its president or another officer appear at the training to address the company's non-discrimination policy and the consequences for discriminating in the workplace; maintain records of race discrimination and retaliation complaints; and provide annual reports to the EEOC. The court denied the request. The suit also included other Black applicants who were denied hire in favor of less qualified White applicants. consent decree filed July 24, 2017). 1:17-cv-00070 (E.D . The Court also took issue with KCSR's failure to document the reasons for the terminations and inability to identify the decisionmaker. 1-800-669-6820 (TTY) In September 2005, EEOC obtained a $34,000 default judgment on behalf of a then 19-year old Black former employee of a manufacturing plant in Illinois who alleged that he had been subjected to derogatory remarks and racial epithets, such as "what are you supposed to be, some kind of special nigger?" EEOC v. Whirlpool Corp., No. Subsequent to the complaints, the employee was fired. June 15, 2016). The lawsuit further charged that the company suspended and then fired all three employees for complaining about the harassment. According to the EEOC, the same supervisor hung a troll doll painted black with a Post-it affixed to the doll that read, "Clint King." 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. Mich. Mar. 15-cv-4892 (N.D. Ill. consent decree filed Jan. 10, 2017). Instead, another employee informed complainant's supervisor about the comment, and the supervisor promptly looked into the matter. The hostile conduct ranged from "cold shoulder" type behavior to the use of the term "nigger lover," references to the KKK, and direct threats on their lives, as well as being told to "stay with their own kind." Marshals Service, was not selected for the position of Assistant Chief Deputy U.S. In October 2005, an elevator manufacturing company agreed to pay $75,000 to an 18-year-old African American welder and $100,000 to 12 other Black employees in an EEOC suit alleging racial harassment of the teen and a pattern of discrimination against African American employees at the Middleton, Tennessee facility. In addition to paying $6 million, the company agreed to hire a criminologist to develop a new background check process that accounts for job applicants actual risk of recidivism. The suit charged that the foremen and former superintendent referred to the company's Latino employees with derogatory terms such as "f---ing Mexicans," "pork chop," "Julio," "spics," "chico" and "wetback." The substantial jury verdict in this case sends a strong message to employers that disability discrimination is unacceptable in our nations workplaces, said EEOC Chair Charlotte A. Burrows. EEOC v. Titan Waste Services, Inc., No. From 1996 to 2007, an African-American female reporter was paid lower wages than a comparable White female reporter and male reporters of all races. 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. Pursuant to a 3-year consent decree, 13 complainants would receive $871,000 and attorney's fees and costs. The case, EEOC v. Wal-Mart Stores East, E.D. Nonetheless, the court rejected AutoZone's argument, accepted by the district court below, that the absence of an "adverse employment action" defeats a claim under 2000e-2(a)(2). 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. is the contrast in races." 18, 2012). The plant where the discrimination occurred had closed during the litigation period. In May 2011, a property and casualty insurance giant agreed to pay $110,000 to settle an EEOC lawsuit alleging that it unlawfully refused to promote an Asian employee in its Milwaukee underwriting office because of her race. EEOC v. Day & Zimmerman NPS, Inc., No. 2:14-cv-00058 (E.D. Black and Hispanic employees also were allegedly given harder work assignments and were more frequently and severely disciplined than their Caucasian co-workers. As such, the decision concluded that Complainant had been subjected to harassment based on her race and color. In September 2006, EEOC filed this Title VII lawsuit alleging that a nonprofit organization that provides rehabilitation services for people with disabilities discriminated against four African-American employees because of their race (delayed promotion, unfair discipline, and termination) and retaliated against three of them for complaining about racially disparate working conditions, reduction of working hours, discipline, and termination. Because they maintained friendly relationships with, and engaged in various acts of advocacy on behalf of, their Black coworkers, they became targets of various threats and harassment by other White employees who were responsible for the racial hostility directed against their Black colleagues. 2011 U.S. Dist. In October 2010, defendants, a Spring, Texas, new and used car dealership and its general partner, agreed to pay $160,000 and provide neutral references indicating their eligibility for rehire to a 50-year-old White male used car salesperson (Robinson) and a 50-year-old African American male used car salesperson (Cotton). EEOC v. Bass Pro Outdoor World, LLC, Civil Action No. The court also enjoined the company from discriminating on the basis of race or protected conduct in violation of Title VII. In March 2020, Prewett Enterprises, Inc., doing business as B&P Enterprises, and Desoto Marine, LLC, rail services and disaster response companies, paid $250,000 and furnished other relief to settle a race harassment case brought by the EEOC. The prison officer job would have meant the Hispanic employee would have had as much or greater authority as her current supervisor. The company also agreed to implement training at all of its plants in a bid to end consolidated suits from the EEOC and former worker Stanley Beaty. Equal . 13-cv-00198 (D. Wyo. Specifically, the Commission found that the discipline issued was disproportionate and lacked uniformity, and the record showed that other employees were not disciplined for engaging in similar conduct. In June 2007, EEOC obtained $500,000 from a South Lyon, Mich., steel tubing company, which, after purchasing the assets of its predecessor company, allegedly refused to hire a class of African American former employees of the predecessor. 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. Spaeth had worked for the company for approximately 16 years and had consistently received positive performance evaluations from her managers, according to evidence presented at trial. According to the EEOC's lawsuit, MPW subjected two African-American employees to racial harassment, including hangman's nooses, racial epithets, racist comments and jokes, and an alleged KKK meeting at the worksite. The Agency was ordered, among other things, to offer Complainant the position, pay him appropriate back pay and benefits, and pay him $5,000 in proven compensatory damages. Corp., No. His direct supervisor commented that his father used to run "your kind" out of town. According to the EEOC's suit, an African-American employee of Torqued-Up assigned to a field crew in South Texas experienced racial harassment in the form of racial slurs and epithets from two employees who supervised him on the job. 12, 2013). EEOC had alleged that the hospital, which served parts of the Navaho Nation, paid its non-White doctors thousands of dollars less than a White American physician who performed the same work. 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. Service L.L.C., No. The trainee stressed by the harassment and retaliation after reporting the harassment to upper management, took leaves from work and was eventually fired. The supervisor continued to hire qualified Black workers, and later was fired for defying her managers' instructions. Below is an inexhaustive list of significant EEOC private or federal sector cases from 2003 to present. EEOC complaints do not necessarily have to result in court cases. EEOC v. MBM Corp., No. The EEOC will monitor compliance with the conciliation agreement. In January 2013, Emmert International agreed to settle an employment discrimination lawsuit filed by EEOC that charged the company harassed and retaliated against employees in violation of federal law. The jury concluded the White manager was discharged solely because of his race and awarded approximately $85,000 in monetary relief. According to the EEOC lawsuit, an over 40, African-American female employee who worked in loss prevention at several Sears stores in the Oklahoma City area, from 1982 until her termination in March of 2010, was passed over for promotion to supervisor several times beginning in 2007 in favor of younger, less experienced, White males. 7:14-CV-136 (M.D. 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. When the Black intern raised concerns about unequal treatment with management, she was fired. 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. 3:14-cv-03815 (D.S.C. Mar. In July 2006, EEOC reached a $100,000 settlement in its Title VII lawsuit against a Springfield, Missouri grocery chain alleging that a Black assistant manager was subjected to racially derogatory comments and epithets and was permanently suspended in retaliation for complaining about his store manager's racial harassment of him and the manager's sexual harassment of another worker. The EEOC further claims the owner of Porous Materials did nothing to put a stop to the harassment. al, No. consent decree filed Nov. 10, 2014). In December 2012, an agricultural farm in Norman Park, Ga., has agreed to pay $500,000 to a class of American seasonal workers - many of them African-American - who, the EEOC alleged, were subjected to discrimination based on their national origin and/or race. Pursuant to the agreement, the EEOC will conduct non-discrimination training for all Hurley staff each year and will examine any progress made to see if more needs to be done. EEOC v. McCormick & Schmick's Restaurant Corp, No. 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. The agency was ordered to restore leave; pay complainant $50,000.00 in non-pecuniary compensatory damages and $6,944.00 in pecuniary compensatory damages; and pay $45,517.50 in attorney's fees and $786.39 for costs. In September 2010, the EEOC filed suit against a Roanoke-based hair salon chain for allegedly firing an African American hair stylist for complaining about an assistant manager's racist comments. The court denied Dollar General's motion for summary judgment and the parties ultimately entered a two-year consent decree requiring Dollar General to maintain effective anti-discrimination policies, distribute the policies to all newly hired employees, and provide management training on anti-discrimination laws and other injunctive relief to ensure discrimination complaints are promptly reported and investigated. Cases Climbing Back Up. Under a three-year consent decree signed Nov. 10 by Judge Paul W. Grimm of the U.S. District Court for the District of Maryland, ACM Services Inc. will pay a combined $110,000 to the two Hispanic female workers who first brought the allegations to the EEOC's attention and will establish a class fund of $305,000 for other potential claimants to be identified by the agency. Complainant was reinstated to his position with backpay. Under a two-year consent decree, the company is prohibited from engaging in discrimination based on race or unlawful retaliation in the future and must provide training on federal anti-discrimination laws, including preventing harassment. 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. Lectric Chandler provided paralegal support at trial. The lawsuit also alleged that the companies discouraged non-Hispanic applicants for applying for open positions by imposing a language requirement not required for the job in violation of Title VII of the Civil Rights Act of 1964. The firm was also ordered to allocate $20million in salary increases for minority employees, $35million in diversity training, and the establishment of an equality task force at . According to the EEOC's complaint, a Black powder coater at the Bishopville plant was repeatedly subjected to racial slurs by two White employees. 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. The analyst was terminated allegedly because she left work 30 minutes early to beat the traffic. The Fourth Circuit also decided that discriminatory discrete acts could support a hostile work environment claim even if it is separately actionable. Apr. 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. The EEOC's lawsuit asserted that a non-Rastafarian security officer threatened to shoot a group of Rastafarian officers. Spaeths request was a simple one and denying it profoundly altered her life.. 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." 1981, in which the EEOC filed an amicus brief in support of the plaintiff. The employee also claimed he was hit with a racial slur from a team leader on his first day of work and that after voicing complaints about what he saw as unfair treatment of Black employees, his supervisor told him that he would never be promoted.. In May 2009 a North Carolina-based restaurant entered a three-year consent decree to pay $14,700 and provide a positive letter of reference for the claimant. Skanska served as the general contractor on the Methodist Le Bonheur Children's Hospital in Memphis, where the incidents in this lawsuit took place. The lawsuit asserts that, after the warehouse worker spoke to management about race discrimination because a non-Hispanic co-worker received a larger raise, he was told that if he was going to accuse the company of discrimination, they "should part ways." In July 2014, EEOC filed a lawsuit against AutoZone alleging the company unjustly fired a Chicago man for refusing to be transferred because of his race.
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