EEOC asserted that the supervisor also allegedly told her that she really should be working in Harlem with her dark skin color and threatened to terminate her if she did not accept a demotion and a transfer to the Harlem store. Consequently, despite promising the Black applicant he would be hired for a warehouse position, the company hired a less qualified White applicant. The lawsuit also claims that Bass Pro punished employees who opposed the company's unlawful practices, in some instances firing them or forcing them to resign. Miss. The record, however, showed that Complainant specifically listed relevant experience in all areas identified by the Selecting Official, and that the Selectee's application failed to establish relevant experience in two areas. The EEOC entered into a pre-suit conciliation agreement. The court, however, determined that Defendant was entitled to summary judgment on the hostile work environment claims brought on behalf of the White employees because injury must be personal and thus a White employee cannot sue for harassment of African-American employees that the White employee happened to see. In November 2012, Alliant Techsystems Inc. paid $100,000 to settle an EEOC suit alleging that the company violated Title VII when it refused to hire an African-American woman for a technical support job at its offices in Edina because of her race. The Court also affirmed the punitive damages award because a reasonable juror could conclude that the company had not acted in good faith to comply with Title VII when the human resources manager threatened to terminate the rep for hitting the store manager while defending herself against the sexual assault. As part of the three-year consent decree, the company also is required to create clear, understandable anti-discrimination policies, require training for the owner and employees and provide regular reports to the EEOC for the next three years. Mich. Mar. Kenny C. v. Dep't of Def., EEOC Appeal No. 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. In addition to the monetary settlement, the company is required to write an apology letter and a positive letter of reference for its former employee. In May 2013, the EEOC sued Clarksdale's Stone Pony Pizza, alleging that the pizza place maintains a racially segregated workforce, and that it "hired only whites for front-of-the-house positions such as server, hostess, waitress, and bartender, and hired African-Americans for back-of-the-house positions such as cook and dishwasher." The firm also allegedly retaliated against other employees and former employees for opposing or testifying about the race discrimination by demoting and forcing one worker out of her job and by suing others in state court. In addition, the company must submit two written reports to the EEOC regarding any future retaliation complaints and all pertinent information related to potential complaints. Wash. July 31, 2017 ). The company also must submit reports to the EEOC on its compliance with the consent decree. N.C. June 2016). In September 2004, the Commission affirmed an AJ's finding that a Caucasian registered nurse had been subjected to racial harassment and constructive discharge. EEOC v. Regis Corp., Civil Action No. 2:13-cv-155 (S.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. The EEOC alleged in a December 2017 complaint that the rent-to-own furniture chain subjected Black employees at a Queens, N.Y., warehouse to racist name-calling by two managers. EEOC v. River View Coal, LLC, No. The suit further asserted that the insurance company illegally retaliated against the employee by passing her over for job openings after she filed a discrimination charge with. In addition to monetary relief, the company has agreed to provide anti-discrimination training to all of its employees and additional training on harassment and retaliation to all supervisors, managers and owners. Should a court find a Title VII violation and issue such an injunction, Peabody and the Navajo Nation could file a third-party complaint against the Interior Secretary under Rule 14(a) to prevent the Secretary from seeking to enforce the lease provisions or cancel the leases, it said. Along with a monetary settlement, the three-year consent decree requires the company to disseminate and post a modified anti-discrimination policy; designate specific individuals to whom raced-based discrimination complaints should be directed; provide at least three hours of anti-discrimination training by a compliance specialist for all management and supervisory personnel; and submit a written report to the EEOC after one year identifying all race-based discrimination complaints. In addition to the monetary settlement, the company agreed to terminate the harassers and make significant policy changes to address any future discrimination. According to the lawsuit, an interviewing official for the company refused to schedule interviews for four Black applicants seeking entry-level management positions because of their race. No. All of those who come forward to ensure the right to a workplace free of discrimination do a service to our nation. Washington, DC 20507 2:14-cv-02740 (W.D. According to the EEOC's suit, an estimator and assistant project manager was subjected to derogatory comments from his supervisors, project manager and the company's owner on the basis of his national origin (Pakistani), religion (Islam), and color (brown). 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 June 2010, a Warren, Mich., automotive supplier paid $190,000 to settle a race discrimination and retaliation lawsuit in which the EEOC alleged that the supplier repeatedly overlooked qualified non-White employees, including a group of Black employees and a Bangladeshi employee, for promotions to the maintenance department. Burlington Industries, Inc. Ellerth (1998) In this case the Court held that an employee who refuses unwelcome and threatening sexual advances of a . Ala. Dec. 2016). The Commission also alleged that the company engaged in retaliation against workers who joined in the complaint. The EEOC further claims the owner of Porous Materials did nothing to put a stop to the harassment. In January 2010, an international investment management firm based in Malvern, Pennsylvania settled for $300,000 the EEOC's Title VII lawsuit, alleging that the firm failed to hire an African American female applicant for a financial planning manager position at defendant's Charlotte, North Carolina office because of her race. [2] As the Sixth Circuit explained: "A White employee who is discharged because his child is biracial is discriminated against on the basis of his race, even though the root animus for the discrimination is a prejudice against the biracial child" because "the essence of the alleged discrimination . EEOC APPELLATE CASES PENDING: 2012. Additionally, EEOC alleged that an assistant store manager threatened to lynch him. In March 2011, EEOC filed a lawsuit alleging that a provider of preventive maintenance for residential and commercial heating and air conditioning systems, which has approximately 247 employees at 13 locations within Florida, Georgia, the District of Columbia, Northern Virginia and Maryland, violated federal law by discriminating against non-Caucasian employees based on their race when it paid them less than their Caucasian colleagues. Alpha Kappa Alpha Sorority, Inc.) disclosed on their resumes, could have served as proxies for race. 16-cv-03823 WMW/FLN (D. Minn. Sep. 6, 2017). In February 2008, a restaurant agreed to pay $165,000 to resolve a Title VII lawsuit EEOC brought on behalf of a dining manager who was Arab and Moroccan because he and an Arab waiter from Tunisia allegedly had been subjected to customer harassment based on race and national origin and then the manager was fired in retaliation for opposing the harassment. 5:10-cv-01068-R (W.D. 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. 2:11-cv-06183 (E.D. EEOC v. Bass Pro Outdoor World LLC, Case No. 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. 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. Mich. Mar. As has been the case in past months, most of the settlements . 0120141506 (June 2, 2017). Selected List of Pending And Resolved Cases Involving Farmworkers from 1999 to the Present. According to the consent decree, "these policies and practices have resulted in a laborer workforce that is almost 100% Hispanic." In September 2004, an AJ determined that a Black male complainant was subjected to race discrimination when he was not selected for an EEO Specialist (Mediator) position despite having performed the duties of the position in the area in which he applied. In this case, the Commission alleged that the company engaged in a pattern-or-practice of race discrimination by relying on word-of-mouth hiring which resulted in a predominantly white workforce despite the substantial African-American available workforce in the Newark area. In the two-year consent decree, the company states it will avoid engaging in racial discrimination or retaliation and must post a remedial notice and provide Title VII training to all supervisors and managers. The Commission claimed that the company illegally granted placement preferences to Hispanic temps over African American temps. In addition, the company must also create and post an anti-discrimination policy in the restaurant, train its employees annually on Title VII requirements, and submit written reports regarding any future complaints alleging discrimination to the EEOC. The new GM also berated the personnel coordinator for assisting the Black employee with his complaint and intensified his harassment of him until the employee resigned. In November 2004, the Commission settled for $50 million a lawsuit filed against Abercrombie & Fitch on behalf of a class of African Americans, Asian Americans, Latinos, and women allegedly subjected to discrimination in recruitment, hiring, assignment, promotion and discharge based on race, color, national origin, and sex. If an EEOC claim is not enough to recover from the matter, it may be necessary to contact a lawyer to move forward with litigation against the employer or company. But when the employee was the plaintiff in an employment discrimination lawsuit, they . 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. The EEOC lawsuit alleged that Black employees assigned to fracking and coiled tubing oilfield service operations in Pleasanton, Texas, were subjected to a hostile work environment based on race since at least 2012 and that Nabors and C&J Well Services Inc. retaliated against employees who complained about the harassment. Congress did so by defining "religion" to "include[] all aspects of reli-gious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasona-bly accommodate to an employee's or prospective em- Further, to demonstrate its strong and clear commitment to a workplace free of race and national origin discrimination, the agency agreed that if it advertises, it will devote a portion of its advertising budget to placing ads in diverse media outlets. According to the lawsuit, three White workers at the Whirlpool plant in LaVergne, Tennessee, witnessed numerous instances of racial hostility and slurs directed at their Black coworkers. 06-cv-7806 (S.D.N.Y. The EEOC alleged that the distributor's supervisors, including the Black employee's supervisor, used that restroom, yet the racist message remained for 30 days after he complained. Specifically, the EEOC said, the company discharged the black employee after he failed to stop a Caucasian driver who reported to work under the influence of alcohol from making deliveries on his route. EEOC v. Emmert Industrial Corp., d/b/a Emmert International, No. The agreement follows conciliation between the EEOC and Reliable Nissan over claims that two Reliable Nissan Managers repeatedly used the "N-word" during a sales meeting, and referred to African, African-American, Native American, Muslim and Hispanic employees in a derogatory manner. In April 2010, the EEOC settled its lawsuit against Professional Building Systems for $118,000 and significant non-monetary relief after it had identified at least 12 Black employees who had been subjected to racial harassment there. 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. According to the EEOC, shortly before the 2008 presidential election, Titan's facility manager terminated Brooks without cause after discussing the upcoming election with him. In December 2010, a company which provides in-home care certified nursing assistants (CNAs) and non-CNAs to seniors in Anne Arundel County and Howard County, Maryland agreed to settle claims alleging that it discriminated based on race in assigning caregivers. 1999) (holding employee stated a claim under Title VII when he alleged that company owner discriminated against him after his biracial child visited him at work). Nov. 21, 2017). In August 2015, Target Corp. settled for $2.8 million an EEOC charge that the retailer's former tests for hiring for professional jobs discriminated against applicants based on race, sex and disability. 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. In short, the appellate court found that a train engineer and a train conductor, both African American, were fired following separate incidents involving operational errors while White employees involved in the same incidents were not disciplined or were dismissed but reinstated despite committing comparable infractions. Frequently Asked Questions, Commissioner Charges and Directed Investigations, Office of Civil Rights, Diversity and Inclusion, Management Directives & Federal Sector Guidance, Federal Sector Alternative Dispute Resolution, Jury Awards Over $125 Million in EEOC Disability Discrimination Case Against Walmart. Official websites use .gov 0120170218 (Dec. 21, 2017) . In this case, a jury found that two employees of Seattle City Light, a Vietnamese-American and an African-American, had been discriminated against and faced a hostile work environment because of their races . The consent decree enjoins the company from engaging in any racial discrimination or retaliation and requires the company to post a remedial notice for two years. A noose was displayed in the worksite, derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred. In June 2010, the Equal Employment Opportunity Commission and a Kansas-based national employment staffing firm settled for $125,000 a case on behalf of a White, 55-year-old former employee who allegedly was treated less favorably than younger Black colleagues and fired when she complained.

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