Tenn. Jan. 19, 2012). In October 2007, the EEOC resolved a discrimination lawsuit alleging race and age discrimination for $48,000. EEOC v. Alliant Techsystems Inc., Case No. 09 CV 7693 (N.D. Ill. preliminary approval granted June 28, 2012). In March 2005, the Commission found that a federal employee's supervisor subjected him to hostile work environment harassment when he used a historically-offensive racist slur (n-word) in the employee's presence and at least once in reference to him; treated him less favorably than he did White employees; verbally abused him; and subjected him to hazardous working conditions because of complainant's race (African-American). Under the terms of the settlement, Nordstrom will pay $292,000, distribute copies of its anti-discrimination policy to its employees, and provide anti-harassment training. The university discharged her in June 2008 upon a denial of her tenure appeal. 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. 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. 11th Circ. Won't Revive Fla. Ex-Police Chief's Retaliation Suit Defendants were also ordered to: (1) provide monthly reporting to the EEOC on compliance with the new hiring procedure, recordkeeping and posting; (2) pay fines for late reporting; (3) allow random inspections by the EEOC subject to a fine, for failure to grant access; (4) pay fines for failure to post, destroying records or failing to distribute employment applications; (5) provide EEOC with any requested employment records within 15 days of a request; (6) cease comingling medical records; and (7) train management employees. Employees alleged that managers made offensive jokes about Muslim and Native American employees' religious practices and traditions, and used racial epithets like "n----r," "drunken Indians," "red." LockA locked padlock In August 2007, a San Jose body shop agreed to pay $45,000 to settle a sexual and racial harassment lawsuit filed by the EEOC, in which a male auto body technician of Chinese and Italian ancestry was taunted daily by his foreman with sexual comments, racial stereotypes and code words, including calling him "Bruce Lee." At the conclusion of the bench trial, the judge entered a final judgment and awarded the employee a total of $1,073,261 in back pay, front pay and compensatory damages on December 21, 2009. The U.S. The new hiring procedures include implementation of an extensive applicant tracking system that will better enable the EEOC and the company to assess whether the company is meeting the targeted hiring levels. Lastly, intervening Plaintiff provided direct evidence that the supervisor who fired him did so because of his race (through the supervisor's comment that he could get rid of "that . The EEOC also alleged that the company retaliated against other employees and former employees for opposing or testifying about the race discrimination, by demoting and forcing one out of her job and by suing others in state court. EEOC contends that the company's superintendant and foreman, both White, were actually in charge of the crew that caused the damage. 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. According to the lawsuit, the general manager of the hotel allegedly was told by the business owners "to hire more qualified maids, and that they preferred maids to be Hispanic because in their opinion Hispanics worked harder" and that White or non-Hispanic workers were indolent. Other racially hostile incidents included White coworkers displaying the Confederate flag on their clothing and tow motors, threatening racial violence, making repeated references to the KKK and the n-word, telling of racist jokes, remarking that they wished they had a "James Earl Ray Day" as a holiday, and "laughing and talking about the Black guy that got drugged [sic] behind a truck in Texas[,] saying he probably deserved it." The case was reinstated and remanded to the agency for an investigation. According to the EEOC's suit, Dellande was the first Black professor to have been allowed to apply for tenure at the ASBE, and was subjected to a higher standard for obtaining tenure and promotion than her non-Black peers. The company also agreed to fulfill notice-posting, training, and reporting requirements. In addition to requiring a payment of damages, the consent decree settling the suit prohibits the furniture company from further retaliating against employees who complain about discrimination and requires the company to amend its current anti-discrimination policy to conform to EEOC policy and to provide four hours of anti-discrimination training to all Koper employees, including management personnel, on a biannual basis. In May 2011, the nation's second-largest pharmacy chain, a new owner of Longs Drugs, agreed to pay $55,000 to settle an EEOC race and sex discrimination lawsuit alleging that Longs subjected an African-American female product buyer to a hostile environment after hiring her in January 2007, and firing her in May 2008 in retaliation for her complaint to company managers. 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. Tex. In June 2008, a San Jose-based manufacturer of semiconductor production equipment agreed to pay $168,000 to settle EEOC claims that it failed to stop the racial harassment of an African American assembly technician who was forced to listen to a Vietnamese coworker play and rap aloud to rap music with racially offensive lyrics and then fired the Black employee after he repeatedly complained about his work conditions. According to the EEOC, an African-American foreman repeatedly had racial slurs directed at him by a White superintendent and other White foremen. In December 2012, Hamilton Growers, Inc., doing business as Southern Valley Fruit and Vegetable, Inc., an agricultural farm in Norman Park, Ga., 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, the agency announced today. The complaint alleges that AutoZone attempted in 2012 to redistribute the non-Hispanic workers at its auto parts retail location at S. Kedzie Ave and W. 49th Street in Gage Park. 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 v. Day & Zimmerman NPS, Inc., No. The EEOC also had found that the company retaliated against the employee who brought the initial complaint by firing him after he reported the unlawful treatment. The 3-year consent decree, which applies to the company's headquarters in Minnesota and Virginia, enjoins Alliant from further discriminating in hiring based on race and from retaliating against persons who oppose practices made unlawful under Title VII. "The EEOC's investigation revealed that more than 300 African Americans were adversely affected when Pepsi applied a criminal background check policy that disproportionately excluded Black applicants from permanent employment. The Agency also appeared to have violated its Merit Promotion Plan by having a lower-level employee participate in the interview panel. Over an even longer periodfrom January 2009 through July 2017Lex Machina found that of 54,810 cases that were filed and closed, employees bringing the suits won just 584 times in trial, or . 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. In November 2006, the EEOC affirmed an AJ's findings that a federal employee complainant was not selected for promotion to Team Leader based on race (African American), sex (female) and age (DOB 2/14/54), notwithstanding her qualifications, and that she was subjected to discriminatory harassment by the same management official. Association with a disabled person is enough to qualify for protection. Mar. Further, the EEOC alleged that the harasser belittled the various religious beliefs of employees, including calling a professed Christian "weak-minded" and allegedly telling another employee that she should have an abortion because she already had a child, and that she was her own God and could control her own destiny. 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 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. 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. 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. OFO found that the elimination of objective Best Qualified criteria in favor of rating and ranking candidates based solely on interviews was the creation of a deliberately subjective selection process that was highly suggestive of pre-selection and unlawful discrimination. In April 2012, the Fifth Circuit ruled that Kansas City Southern Railway Company (KCSR) violated Title VII when engaged in race discrimination by terminating two Black employees because of work rule violations and retaining their similarly-situated White co-drivers who were involved in the same incidents leading to Black employees' dismissals. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on an employees disability. The consent decree also includes provisions for equal employment opportunity training, reporting, and posting of anti-discrimination notices. Cal. 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. Defendants moved for dismissal arguing (1) Africa is not a nation and so cannot serve as the basis of a national origin claim, (2) EEOC failed to allege any shared cultural or linguistic characteristics between the aggrieved individuals so they could not constitute a protected class; and (3) the EEOC's retaliation claim must be dismissed because EEOC failed to allege protected activity or the Defendants had knowledge of the white supervisor's motivations. According to the EEOC's complaint, Crothall used criminal background checks to make hiring decisions without making and keeping required records that disclose the impact criminal history assessments have on persons identifiable by race, sex, or ethnic group, a violation of Title VII of the Civil Rights Act of 1965. In June 2013, a national food distributor paid $15,000 in compensatory damages to three former employees to resolve an EEOC race discrimination lawsuit alleging that its Mason City warehouse failed for months to remove racist graffiti in a men's restroom that included a swastika and references to the Ku Klux Klan, despite complaints from an African-American employee. According to an EEOC lawsuit filed in September 2011 in a federal court in Pennsylvania, the executives of the cleaning company prohibited a White supervisor from hiring Black employees for a client in Concordsville, PA. The AJ sanctioned the agency for failing to timely investigate the complaint. The complainant suffered debilitating and career-ending shoulder, neck, arm, and back injuries and lapsed into a major depression. In September 2009, a Phoenix credit card processing company agreed to pay $415,000 and furnish significant remedial relief to settle a race harassment lawsuit, in which the EEOC charged that the company subjected a group of African American workers to racial slurs and epithets. The doll was hung from a hook and displayed in the middle of the facility. 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 Commission also ordered training of responsible officials, consideration of discipline, and the posting of a notice but rejected the AJ's award of $6,903.87 in closing costs for complainant's sale of his house as being too speculative to connect to the discriminatory conduct. While the Agency asserted that the Selecting Official's selection history precluded a finding of discrimination, the Commission stated that selection history is not controlling, and the AJ reasonably relied upon Complainant's prior performance appraisal as an indicator of his performance. In December 2014, three related well-servicing companies agreed to pay $1.2 million to settle allegations by the Equal Employment Opportunity Commission of verbal abuse of minority employees. 15-3201 (7th Cir. In September 2013, U-Haul agreed to pay $750,000 to eight African-American current and former employees and to provide other relief to settle a race and retaliation discrimination lawsuit filed by the EEOC. The company will also provide employee training designed to prevent future discrimination and harassment on the job. Facts of the case. According to the EEOC's lawsuit, the employee was racially harassed by his white supervisor. 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. 'More aggressive' EEOC likely to sue more employers in 2022 According to EEOC's lawsuit, Kimball applied for a vacant assembler job and interviewed with the company in January 2014. The EEOC also claimed that four White employees were harassed by their White co-workers because they associated with African-American employees. In addition to the monetary damages, the 30-month consent decree provided injunctive relief, required the company to post a notice about the settlement, and obligated the company to conduct anti-discrimination training and to report race discrimination complaints. In March 2014, Olympia Construction, Inc. paid $100,000 jointly to three former employees to resolve a race harassment and retaliation lawsuit filed by the EEOC. Whirlpool filed a motion to alter or amend the judgment on January 15, 2010 which the district court denied on March 31, 2011. The company also agreed to provide annual training for two years for its employees, including managers and human resources employees. Secure .gov websites use HTTPS The company also must provide equal employment opportunity training for all of its employees and post a remedial notice. The EEOC's 2012 lawsuit against the union alleged that the union advocated for an unlawful promotional process that had a disparate impact on African-American promotional candidates even after it learned that the EEOC had received charges challenging the citys promotion practices. On September 22, 2010, the Eighth Circuit affirmed the district court on all federal law claims and remanded the claimant's state law claim. EEOC Complaints: Everything You Need to Know - UpCounsel Agreeing with the position taken by the EEOC as amicus curiae, the court of appeals held that nearly all of the racially hostile acts alleged by the plaintiff could be considered as a single hostile work environment under National Railroad Passenger Corp. v. Morgan, 536 U.S. 101 (2002), and that the plaintiff could obtain relief for the entire period of the hostile work environment at issue notwithstanding the fact that he failed to file suit after receiving a notice of right to sue on an earlier Title VII charge challenging the racial harassment. Further, the AJ noted that the selection criteria was changed for one candidate who did not meet the requirements but not for Complainant. 18, 2012). 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 . "In the Matter of U.S. EEOC asserted in the lawsuit that the farm harassed Jamaican migrant workers and forced them to pay rent while permitting non-Jamaicans to live in housing rent-free in violation of Title VII. EEOC Accuses Va. Hospital System Of . EEOC v. Holmes & Holmes Industrial, Inc., No. In January 2017, Gonnella Baking Co. of Chicago, an established bread and rolls manufacturer, agreed to pay $30,000 to settle an EEOC lawsuit alleging racial harassment at the company's Aurora, Ill., facility. The 3-year consent decree enjoins defendant's Golden, Colorado facility from discriminating on the basis of race and from retaliation. 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. The EEOC charged in its lawsuit that the general manager who worked at both the Best Western Evergreen Inn (formerly La Quinta Federal Way) and Best Western Tacoma Dome persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of federal law. In October 2019, Eagle United Truck Wash, LLC, which operates truck washing facilities at truck stop locations around the United States, paid $40,000 and furnished significant equitable relief to settle a racial harassment, discrimination and retaliation lawsuit. 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. April 2, 2015). 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. At summary judgment, the district court denied in part the company's motion, stating that the company ignored both the extreme symbolism of a noose and that a reasonable jury could conclude that the worksite had at least some racial tension given the other nooses, threats, and racial epithets that each African-American employee experienced, and that the noose was intended to intimidate all African-Americans. In February 2011, the EEOC filed suit against an electric company alleging race discrimination. In its lawsuit, the EEOC charged that the food distributor violated federal law by firing an African-American employee who worked at its Memphis facility because of his race. An EEOC Administrative Judge's finding that a blanket policy excluding employees with Type I and II Diabetes adversely impacted African Americans and Native Americans resulted in a settlement and change in policy. CHICAGO - Stan Koch & Sons Trucking, Inc., a Minnesota-based transportation company, will pay $165,000 and furnish other relief to settle a retaliation case brought by the Equal Employment Opportunity Commission (EEOC), the federal agency announced today. The EEOC's suit alleged that qualified African-Americans and Hispanics were routinely denied retail positions such as cashier, sales associate, team leader, supervisor, manager and other positions at many Bass Pro stores nationwide and that managers at Bass Pro stores in the Houston area, in Louisiana, and elsewhere made overtly racially derogatory remarks acknowledging the discriminatory practices, including that hiring Black candidates did not fit the corporate profile. Although the employee complained about the harassment to supervisors and reported the assault to the police, he was fired. 1:10-cv-1234 (S.D. Real EEOC Cases. Below is an inexhaustive list of significant EEOC private or federal sector cases from 2003 to present. According to the EEOC, Danny's, and its predecessor, Baby O's Restaurant, subjected Black dancers to discriminatory terms and conditions of employment for years, including limiting the number of shifts Black dancers could work, and subjecting them to racially offensive epithets. Instead, the staffing agency granted placement preferences to Hispanic workers and also retaliated against an African American employee who complained of the discrimination by refusing to place her and denying her a promotion. 06-cv-7806 (S.D.N.Y. The EEOC said that Area Temps used code words to describe its clients and applicants for discriminatory purposes, such as "chocolate cupcake" for young African American women, "hockey player" for young White males, "figure skater" for White females, "basketball player" for Black males, and "small hands" for women in general. Because of this finding, the decision found it unnecessary to address the basis of retaliation. In October 2007, the Commission obtained $2 million for approximately 50 claimants in this Title VII lawsuit alleging that defendant subjected employees in its three Illinois restaurant/gift stores to sex and race discrimination and retaliation, causing the constructive discharge of some employees. An analysis of hours and wages showed African-American and Hispanic workers received fewer hours of work than their white co-workers during most of this same timeframe. 1:71-cv-02877(LAK)(MHD) (S.D.N.Y. Schedule a free consultation today. Dec. 10, 2010). 8:14-cv-02997 (D. Md. The company has also pledged, among other things, to create a termination appeal process; extend rehire offers to aggrieved individuals from the 2009-2012 growing seasons; provide transportation for American workers which is essential to viable employment in that part of the country; and limit contact between the alleged discriminating management officials and American workers. 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. DENVER, COA manufacturer will pay $100,00 and furnish additional relief to settle a discrimination and retaliation lawsuit from the EEOC. 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. 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 decision then determined that the Agency erred finding that it took prompt action. Selected List of Pending And Resolved Cases Involving Farmworkers from 1999 to the Present. 24, 2015). 8:14-cv-1621-T-33TGW (M.D. In March 2010, the EEOC upheld an Administrative Judge's determination that a federal agency discriminated against a Black employee on the basis of race when it terminated the complainant's participation in a training program. The two year consent decree requires Regis to report the action it takes in response to any employee's complaint about discrimination and to post a notice to employees concerning their rights under federal, anti-discrimination laws. 0:11-cv-02785-DSD-JJG (D. Minn. consent decree filed Nov. 20, 2012). OFO rejected the Agencys explanation that the BQ scoring grid failed to consider years of nursing experience within specialty care clinics, noting that Selectee was considerably less experienced than Complainant. Ongoing Litigation and Settlements | U.S. Equal Employment Opportunity Nov. 21, 2017). 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. 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. 2:15-cv-00419-JES-CM (M.D. EEOC also charged that the company then engaged in a series of acts designed to punish the victims for complaining and to ridicule those who corroborated the complaints. Ex-Prison Guard Union Boss' Sentence Cut In Bribery Case In September 2019, the EEOC Office of Federal Operations reversed an agency finding of no discrimination. According to the complaint, the Black employee sought and was qualified for the bartender position, but the restaurant hired him as a server and refused to place him in the bartender position on several occasions when it became available. More information is available at www.eeoc.gov. The four-year consent decree also requires Defendant MWR Enterprises Inc., II, to establish a written policy which provides that all job assignments will be made without consideration to gender; establish guidelines and procedures for processing employment applications; provide Title VII training on race and gender discrimination to its managers; meet recordkeeping and reporting requirements; and post a notice about the lawsuit and settlement at its store locations. EEOC v. Hamilton Growers, Inc., Civil Action No. 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. 4:11-cv-00117(JHM)(HBB) (W.D. What are the chances of winning an EEOC case? - LegalKnowledgeBase.com

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