1:13-cv-06656 (N.D. Ill. May 30, 2017). In April 2011, the EEOC and a Bedford, Ohio, auto dealership reached a $300,000 settlement of a case alleging that the dealership permitted a general manager to harass Black employees and also discriminated against Black sales employees with regard to pay. 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). The trade union, which is responsible for sheet metal journeypersons in northern New Jersey, allegedly discriminated against black and Hispanic journeypersons over a multi-year period in hiring and job assignments. EEOC v. Outokumpu Stainless USA, LLC, No. In February 2011, the EEOC filed suit against an electric company alleging race discrimination. EEOC v. OfficeMax North America, Case No. EEOC had alleged that the company segregated the Black employees from non-Black employees and illegally fired a class of Black employees in violation of Title VII. Va. Mar. The agency also alleged that Hamilton Growers fired at least 16 African-American workers in 2009 based on race and/or national origin as their termination was coupled with race-based comments by a management official. These cases illustrate some of the common, novel, systemic and emerging issues in the realm of race and color discrimination. The display included a dollar bill with a noose around George Washington's neck and drawings of a man on horseback and a hooded figure with "KKK" written on his hood. In August 2014, a Thomasville mattress company agreed to pay a combined $42,000 to two Black former workers to settle an EEOC complaint that alleged they were unlawfully fired. Aug. 16, 2011). Case Information Case Title. 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 September 2015, BMW Manufacturing Co. settled for $1.6 million and other relief an EEOC lawsuit alleging that the company's criminal background check policy disproportionately affects black logistics workers at a South Carolina plant. The consent decree also requires four hours of Title VII training for all Video Only employees. "In the Matter of U.S. Tex. The decree also provides for posting anti-discrimination notices, record-keeping and reporting to the EEOC. consent decree filed 12/18/15) and Beaty et al v. The Hillshire Brands Co. et al., No. Specifically, the company allegedly violated federal law by failing to place a class of African American workers into temporary shipping positions at a FedEx SmartPost location in Southaven, Mississippi. and "redskins." Complainant had filed a formal EEO complaint alleging he was subjected to discriminatory harassment while in Iraq on the basis of his race (African-American) when, among other things, the word "DAN" was used by a coworker, which he learned meant "Dumb Ass Nigger," and management took no action. 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. Although the employee complained about the harassment to supervisors and reported the assault to the police, he was fired. 1:14cv5579 (7th Cir. EEOC RETALIATION LAWSUIT- $165,000 Settlement The Associate Director emailed the panel chair and Selection Official, asking that the panel interview Selectee as a professional courtesy. The BQ grid results were disregarded and all candidates were rated and ranked based solely on interview scores. Whirlpool filed a motion to alter or amend the judgment on January 15, 2010 which the district court denied on March 31, 2011. Remedial relief included back pay, benefits including reimbursement of leave, compensatory damages and attorney's fees, posting of a notice, training, and recommended disciplinary action against the responsible management officials. or name-calling such as "pencil dick," by his supervisor. The EEOC's suit had charged that the company unlawfully engaged in a pattern or practice of discrimination against American workers by firing virtually all American workers while retaining workers from Mexico during the 2009, 2010 and 2011 growing seasons. In addition, the company must revise its complaint mechanism and clarify and expand its website and toll-free phone number for the reporting of incidents of employment discrimination. Purported conduct of this nature violates Title VII of the 1964 Civil Rights Act. The amended policies must state that prohibited racial discrimination in "all other employment decisions" includes, but is not limited to, making decisions and providing terms and conditions of employment such as pay, assignments, working conditions, and job duties; also, it must prohibit retaliation. 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. For workers, the ruling is a reminder to make certain of the completeness of all filings with the EEOC to avoid potential exhaustion problems. . EEOC also can proceed with efforts to secure an injunction against future enforcement of the Navajo hiring preference, the court added. In May 2011, an IT service company entered a consent decree to pay $60,000 to an African-American employee who had allegedly been subjected to race discrimination and retaliation. Additionally, Reliable Nissan agreed to review its policies and procedures to ensure that employees have a mechanism for reporting discrimination and to make certain that each complaint will be appropriately investigated. The case, Yarbrough, et . 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. 20, 2012). The racial hostility manifested as racist graffiti, racial epithets, and the hanging of a noose at a Salt Lake City rail yard. In November 2018, a Texas-based oil and gas company operating in Tioga, N.D., paid $50,000 and furnished other relief to settle an EEOC racial harassment lawsuit. The agency employs about 570, down roughly 150 from a decade ago. When the Rastafarians complained, a white security supervisor made light of the physical threat and implied the Rastafarians were at fault. EEOC v. KCSR, No. 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. proposed consent decree filed Sep. 25, 2012). In December 2019, DSW Shoe Warehouse Inc., a nationwide shoe retailer headquartered in Columbus, Ohio, paid $40,000 and furnished equitable relief throughout the stores in its Midwest Great Lakes Region (including Michigan and Ohio) to resolve a race discrimination lawsuit filed by the EEOC. The lawsuit further charged that the company suspended and then fired all three employees for complaining about the harassment. When he refused, EEOC claimed the owner threatened the employees job and reduced his work hours. 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. White employees and managers regularly emailed racially derogatory jokes, cartoons, and other materials to coworkers, and posted racially offensive photographs on the bulletin board outside the human resources office. According to the EEOC complaint, two employees at one of the company's North Carolina salons were allegedly fired for opposing what they reasonably believed was an unlawful employment practice. 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 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. 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. Blacks were termed "n-----s" and Hispanics termed "s---s;" offensive graffiti in the men's restroom, which included racial and ethnic slurs, depictions of lynchings, swastikas, and White supremacist and anti-immigrant statements, was so offensive that several employees would relieve themselves outside the building or go home at lunchtime rather than use the restroom. 15-1055 (4th Cir. Under the consent decree resolving this case, Taylor Shellfish has agreed to implement new policies, conduct extensive training for employees and management, post an anti-discrimination notice at the workplace and report compliance to the EEOC for a three-year period. The EEOC noted that Complainant discussed her experience as Acting Division Secretary in her KSA responses, and, contrary to the Agency's assertion, made numerous references to acting as a Division Secretary in her application. The alleged racial harassment largely involved a serial harasser who continually used racial slurs, including various permutations on "nigger," made references to the Ku Klux Klan openly and on a daily basis, and left a threatening message on a coworker's husband's answering machine. A Black employee to complained and then was fired. If, for example, your itemized damages are $12,000 and you estimate you have a 50% chance of winning, your case can be valued at $6,000. EEOC v. Baby O's Restaurant dba Danny's Downtown, Civil Action No. Employers Sued for Rejecting Hearing-Impaired Job Applicants - SHRM 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. Action No. The class of Black employees worked for C-1, Inc. Construction Company, a minority-owned subcontractor for Skanska. The harassment by White employees of King-Lar Co. directed at the employee included calling him "Mexican nigger," "wetback" and "nigger slave," the Commission alleged in a lawsuit filed in August 2015. In January 2007, EEOC settled a racial harassment lawsuit against AK Steel Corporation, a Fortune 500 company, for $600,000. 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. 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. Blanket prohibitions are not in accordance with the agency's policy guidance on the subject, which was reissued on April 25, 2010. The EEOC charged that Hospman's former chief executive officer ordered the housekeeping supervisor to terminate all of the housekeepers - all but one of whom were Black - because he did not work with "those kind of people." EEOC v. Sears, Roebuck & Co., No. "The number of cases filed by the EEOC increased in a respectable climb back to pre-pandemic levels, forecasting a busy year ahead for the Commission and employers in FY . 11-cv-134 (M.D. Real EEOC Cases. Should Maritime reopen and reactivate its Maryland facilities, it shall be enjoined from creating or maintaining a hostile work environment and inferior economic terms and conditions of employment on the basis of national origin or race. The Commission argued in this appeal that the district court erred in dismissing the case because the general manager's repeated references to the plaintiff's race and age, such as "you're the wrong color" and "you're too old" along with plaintiff's supervisor's comment to her, "old white bi" shortly before the general manager and supervisor terminated plaintiff were sufficient to establish a prima facie case and to provide evidence of pretext. In October 2012, a district court ruled that the EEOC proved that a construction site where a White supervisor regularly used racial slurs was objectively a hostile work environment for Black employees under Title VII of the 1964 Civil Rights Act. 1:07-cv-02964 (N.D. Ohio consent decree filed July 21, 2010). In its lawsuit, EEOC alleged that Laquila engaged in systemic discrimination against black employees as a class by subjecting them to racial harassment, including referring to them using the N-word, "gorilla," and similar epithets. In a unanimous published opinion, a three-judge panel said it found no issue with a trial court granting summary judgment to the town of Sneads in John McAlpin's suit claiming retaliation in violation of the Family and Medical Leave Act, the First Amendment and Florida's whistleblower law. In September 2010, EEOC filed a racial harassment lawsuit against a cell phone installation and testing company, asserting that the company violated federal anti-discrimination laws when it subjected an African-American employee to severe and repeated harassment. Kenny C. v. Dep't of Def., EEOC Appeal No. Robinson later transferred to a lower-paid sales position to avoid the sales supervisor, but the sales supervisor ultimately transferred to a position in finance where he was responsible for approving paperwork on all sales, and he refused to process any of Robinson's sales transactions, causing Robinson to resign the same month. The analyst was terminated allegedly because she left work 30 minutes early to beat the traffic. Additionally, the restaurant will overhaul its hiring procedures and has agreed to institute practices aimed at meeting hiring targets consistent with the labor market in each of the locations in which it has facilities. EEOC v. Scully Distribution Servs. Tex. The EEOC also alleged that the general manager also illegally fired five women after they revealed they were pregnant. Additionally, the lawsuit alleged that the supervisor responsible for determining job assignments used racial slurs such as "pinche negro," the n-word, and other racially derogatory comments to refer to the Black employee. 4:11-cv-00117(JHM)(HBB) (W.D. In January 2018, a water and waste-water services company in Bear, Delaware paid $150,000 to settle an EEOC lawsuit alleging racial harassment. Examples of the harassing conduct included persistent coded references to black employees as "you people," as well as offensive statements such as, "Black people are lazy," and "I better watch my wallet around you." consent decree filed 12/18/15). In this Title VII case, EEOC claimed mineral lease provisions that require companies mining on the Navajo reservation in Arizona to give employment preferences to Navajos are unlawful. In February 2020, the EEOCs Office of Federal Operation (OFO) found that the Department of Veteran Affairs engaged in race and age discrimination when it did not select a Registered Nurse (RN) at the Murfreesboro VA Medical Center facility in Tennessee for the position of Nurse Manager, Specialty Clinics. In its lawsuit, the EEOC had alleged that the employee's supervisors subjected him to racial epithets and asked if he was a "black man or a n----r." The Commission further alleged that, following his complaints of racial discrimination, the company demoted and later discharged the employee. Nature of Suit. The parties entered a three-year consent decree on July 30, 2008, which enjoins the company from engaging in racial discrimination or retaliation and requires the company to institute an equal employment opportunity policy and distribute this new policy to its employees. EEOC v. Ganley Lincoln of Bedford Inc., No. Choctaw has also been ordered to maintain records of discrimination complaints, provide annual reports to the EEOC, and post a notice to employees about the lawsuit that includes the EEOC's contact information. McAlpin, who was the police chief in Sneads from 2006 to 2018, argued that he was terminated by the Town . The court denied the request. 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. J.B. Hunt also reached a private settlement with the alleged discrimination victim, who filed an EEOC charge after being denied a job at J.B. Hunt's San Bernardino, Calif., facility in 2009. The jury also found that one employee was fired in retaliation for complaining about the hostile environment. The EEOC complaint alleged that J&R employees regularly used racial slurs to refer to Black, Hispanic and Native American employees. In June 2009, a federal district court granted summary judgment for a Michigan-based freight and trucking company on all race discrimination claims asserted by the EEOC and the claimant. The decree also mandated that if the company ever re-opens the franchise in question or any other store, it must distribute its anti-discrimination policy to all employees, post a remedial notice, and report any future complaints alleging race-based discrimination. According to EEOC data, the average out-of-court settlement for employment discrimination claims is about $40,000. The EEOC also found that the company retaliated against employees who complained about the harassment or discrimination. For Deaf/Hard of Hearing callers: Other African-American employees were subjected to racial harassment, such as a White supervisor placing a hangman's noose on a piece of machinery. In August 2017, the EEOC affirmed an Administrative Judge's finding that the Department of Defense (Agency) had discriminated against Complainant when it did not select him for an Assistant Special Agent in Charge position. In June 2016, a Minnesota-based Regis Corporation, which does business as Smart Style Family Hair Salon, paid $90,000 to resolve allegations of retaliation discrimination. In November 2014, Battaglia Distributing Corporation paid $735,000 to a group of current and former African-American employees. Thereafter, the parties agreed to settle the matter. 1-800-669-6820 (TTY) The Commission claimed that the company illegally granted placement preferences to Hispanic temps over African American temps. Evidence revealed that the director told her he only hired because she is a Black woman, he often used profanity toward her, referred to her by race and gender slurs, singled her out for verbal abuse in front of other employees, told plaintiff to "get your Black ass out of here", and told her and other Black managers they better not file EEO complaints. 15-cv-01597-MSK-CBS (D. Colo. Aug. 19, 2016). In May 2016, American Casing & Equipment Inc., a Williston-based oil field service company, paid $250,000 to a Filipino worker it fired after he complained of harassment to settle a discrimination and retaliation lawsuit filed by the EEOC. Memphis Health Center, Inc.: Case Nos. In April 2019, A&F Fire Protection, Inc., a NY fire sprinkler and standpipe contractor, paid $407,500 to settle a race discrimination lawsuit in which EEOC alleged that Black and Hispanic employees were frequently subjected to racial remarks by managers and coworkers and a supervisor who used gorilla sounds as a ringtone for a Black employee. 18, 2012). Furthermore, the company must conduct training on federal anti-discrimination laws, report on company responses to complaints, and post a remedial notice. The parties entered a three-year consent decree which enjoins the restaurant from engaging in race and national origin discrimination or retaliation. In February 2012, major cement and concrete products company, paid $400,000 and furnished other relief to settle am EEOC lawsuit alleging racial harassment. Robinson reported the misconduct to several managers, but rather than taking corrective action, the director of used cars joined in the harassing conduct. In February 2009, a discount retail chain agreed to pay $7,500 to resolve an EEOC lawsuit alleging that Title VII was violated when a light skinned Black female manager subjected darker skinned African American employees to a hostile and abusive work environment because of their color. In June 2016, DHD Ventures Management Company Inc. will pay a total of $40,000 to settle allegations of racial harassment and retaliation. The 39-month consent decree requires defendant to consider all female and Black applicants on the same basis as all other applicants, to engage in good faith efforts to increase recruitment of female and Black applicants, and to submit semiannual reports to EEOC that include applicant flow and hiring data by race and sex. Ill. consent decree filed 3/29/17). 1:13-cv-20684(JEM) (S.D. In July 2012, hotel groups Pacific Hospitality and Seasons Hotel agreed to pay $365,000 and provide preventative measures to settle a federal harassment lawsuit by the EEOC. In June 2016, the EEOC obtained a $350,000 settlement in its race discrimination lawsuit against defendant FAPS, Inc., a company located at Port Newark, N.J., involved in the processing for final sale of shipped automobiles. EEOC v. Gonnella Baking Co., Civil Action No. Tenn. Feb. 23, 2012). The agency stated that the selectees were chosen because their skills and qualifications fit the agency's needs. The suit also alleged that at least one of the women was demoted in retaliation for opposing and complaining about unlawful employment practices. Though the company hired 52 of its predecessor's former employees, none of them were Black. In its original complaint, EEOC alleged that since at least 2003, management officials and employees at Scully Distribution referred to Black drivers as "niggers," East Indian drivers as "Taliban" and "camel jockeys," and a Latino manager as a "spic." 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. In January 2009, a cocktail lounge agreed to pay $41,000 to settle an EEOC lawsuit alleging that the lounge engaged in race and religious discrimination when it refused to promote an African American employee who wears a headscarf in observance of her Muslim faith to be a cocktail server because the owner said she was looking only for what she termed "hot, White girls." Konos Agrees to Pay $175,000 to Settle EEOC Sexual Harassment and Retaliation Case. Workplace Racial Discrimination Cases That Can Affect Your Chances of a Successful Lawsuit. The jury found that Danny's also forced the dancers to work at a related club, Black Diamonds, even though they were subject to arrest there because they were not licensed to work at that club. In the lawsuit, the EEOC asked for Spaeth to be reinstated, as well as back pay, compensatory damages and punitive . 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 EEOC's findings arose from its investigation of the apprentice's appeal of his dismissal, which he filed with the court-appointed special master who monitors Local 25 and its JATC pursuant to past judicial findings of race and national origin discrimination. 15-cv-02901 (D. Minn. consent decree filed Mar. Skanska awarded a subcontract to C-1 to provide buck hoist operations for the construction site and thereafter supervised all C-1 employees while at the work site. The EEOC had alleged that the restaurant refused to hire an African American employee for a bartender position because of his race. In May 2006, EEOC settled a hostile work environment case against a retail furniture store chain for $275,000. A company with more than 14 employees is subject to the EEOC stepping in. In addition to monetary relief, a consent decree enjoins the company from engaging in either sexual or racial harassment or retaliation. 12, 2013). Court. The agency also said that Olympia terminated the victims because they complained to the EEOC. That's you!" The injunction survives the decree. 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.
