A Puerto Rican employee reported that a coworker said that the company was starting to look like an immigration camp because of all the Black and Hispanic employees. The decision awarded complainant a retroactive promotion with back pay, $150,000 in compensatory damages and attorneys fees and costs. May 24, 2016). Because of this finding, the decision found it unnecessary to address the basis of retaliation. A former attorney for the County of Kauai's Office of the Prosecuting Attorney, who is Caucasian, alleged that she was harassed due to her race by a top-level manager. 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." EEOC v. Stone Pony Pizza, Inc., No. According to the suit, supervisors and employees subjected an African American truck washer, the only black employee at the Milton facility for most of his employment, to racial epithets and insults despite the truck washer's complaints to management and then the company fired him on the same day that he complained. EEOC also found that the supervisor violated the anti-retaliation provisions of Title VII when, standing behind the federal employee, he informed all employees that if they wanted to file an EEO complaint, they had to discuss it with him first. Further, the AJ was entitled to draw a reasonable inference from the fact that the Selecting Official did not contact Complainant's supervisor despite having contacted the Selectee's most recent supervisor. In addition to the monetary relief, Holmes also committed to implement several affirmative steps to prevent and address race-based conduct on the worksite. In September 2011, the EEOC filed suit against Bass Pro Outdoor World, LLC, alleging that the nationwide retailer of sporting goods, apparel, and other miscellaneous products has been discriminating in its hiring since at least November 2005. 13-cv-5789 (N.D. Ill. consent decree entered Nov. 10, 2014). After Titan's attorney withdrew from the case, the court found Titan did not continue to assert its defenses and ignored several orders of the court, displaying a reckless and willful disregard for the judicial proceedings. Ala. Dec. 2016). 2:14-cv-00058 (E.D. But in a race . The company has agreed to adopt an online employee handbook and other documents spelling out company policies and practices; to post all vacancies for marketing company president; to provide training on discrimination and retaliation to all board members; and to provide periodic reports to the EEOC. The manager was given a written warning for "shop talk" and "horseplay." The Fourth Circuit also decided that discriminatory discrete acts could support a hostile work environment claim even if it is separately actionable. The harassment included racial slurs, explicit sexual comments and gestures and threats. 8:12-cv-00643-EAK-MAP (M.D. EEOC Releases New Details On Systemic Age Discrimination: What - Forbes According to the EEOC's lawsuit, the company coded the preferences of clients who requested White caregivers, and made assignments based on the preferences. EEOC also charged Scully gave non-White drivers less favorable job assignments than their White counterparts. The consent decree requires other equitable relief, including reporting and training. 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. In May 2008, the Sixth Circuit ruled that two Black male dockworkers had been subjected to a racially hostile work environment in violation of Title VII. Case Information Case Title. the restaurant. The Black employee allegedly complained to company management, but the harassment continued. EEOC v. Emmert Industrial Corp., d/b/a Emmert International, No. The consent decree requires the company to implement a policy prohibiting race, color, and national origin harassment. Supreme Court Rules In Cases Involving Age Discrimination, Traffic The EEOC's complaint charged that the supervisor regularly referred to Black employees with the "N" word and other derogatory slurs. 11-cv-08090 (C.D. He is retired, but not by choice. The agency was ordered to, among other things, offer complainant reinstatement into the next training program, with back pay. On appeal, the Commission concluded that the AJ's finding was supported by substantial evidence, and agreed with the AJ that the Agency's legitimate, nondiscriminatory reason for not selecting Complainant was a pretext for race and age 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. The company must also report certain complaints of harassment or retaliation to the EEOC for monitoring. The racial harassment included a male shift leader's frequent use of "nigger" and his exhortations that Whites were a superior race. Significant Disability Discrimination Litigation Filed or Resolved: July 2013-July 24, 2014. It must also place a notation in the personnel file of both managers stating that they were the subject of a racial harassment complaint. What is the average EEOC settlement? The Commission found that the agency failed to provide a legitimate, non-discriminatory reason for the non-selection. In December 2010, Roadway Express, a less-than-truckload motor carrier with terminals throughout North America, settled the claims of two lawsuits alleging racial harassment of Black employees and race discrimination in terms and conditions of employment at two Illinois facilities. The two employees complained to management but the harassment allegedly continued. In May 2010, an apartment management company paid $90,000 in monetary relief and agreed to provide affirmative relief to settle an EEOC lawsuit alleging that the company violated Title VII by firing a White manager in retaliation for hiring a Black employee in contravention of a directive by one of the owners to maintain a "certain look" in the office, which did not include African Americans. 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. The EEOC complaint stated that the African-American employee was subjected to derogatory remarks, such as use of the N-word, from both the restaurant's co-owner and customers. 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. 3 Surprising Examples of Recent Wrongful Termination Cases The driver complained about the racial jokes and language to management but was suspended for 4 days following a dispute about a work assignment, and was discharged during the suspension. 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. Twenty-one employees filed an EEOC complaint about receiving less pay than their white colleagues, being passed over for promotions, being subjected to sexual harassment and referred to by slurs, including lazy and streetwalkers. In addition to the payout, the deal requires Jackson to take steps to prevent future race- and sex-based harassment, including designating an internal compliance monitor and hiring a consultant to review its policies. Of all the forms of workplace discrimination, cases involving race have been the most headline-grabbing in recent years.. June 20, 2014). In July 2008, an Oregon video company paid $630,000 to resolve an EEOC lawsuit alleging that two employees, an African American who was converting to Judaism and a Hispanic with some Jewish ancestry, were forced to endure repeated racial, religious, and national origin jokes, slurs and derogatory comments made by employees and upper management since the beginning of their employment in 2005. 2:13-cv-155 (S.D. Based on interview scores, Selectee was chosen. 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." He labelled the statue "Clint." The consent decree enjoins the company from engaging in racial discrimination and requires it to post a remedial notice and arrange training in racial discrimination for its managers and supervisors. 6:12-cv-00051 (S.D. The restaurant also must revise its discrimination complaint and investigation policies and disseminate them when they are approved by the EEOC as well as create a complaint procedure that is designed to encourage employees to come forward with incidents of racial discrimination. According to the EEOC, the six-year employee had his work scrutinized more critically than non-Black employees, was placed on a performance improvement plan because of his race, and was fired when he complained despite his excellent performance history and numerous awards. Employers Sued for Rejecting Hearing-Impaired Job Applicants - SHRM The case was reinstated and remanded to the agency for an investigation. In addition to the $150,000 payment, Outokumpu agrees to take specified actions designed to prevent future discrimination, including implementing new policies and practices designed to prevent race discrimination in employment decisions, providing anti-discrimination training to employees, and the posting of anti-discrimination notices in its workplace. In addition to management subjecting the Black supervisor to heightened and unfair scrutiny, the company moved his office to the basement, while White employees holding the same position were moved to higher floors. The supervisor continued to hire qualified Black workers, and later was fired for defying her managers' instructions. During the first month of 2020, EEOC has settled nineteen discrimination lawsuits. EEOC v. AutoZone, Inc., No. More and more workplace discrimination cases are closed before they're His direct supervisor commented that his father used to run "your kind" out of town. 11-6426 & 11-6427 (6th Cir.) In December 2016, a south Alabama steel manufacturing plant agreed to pay $150,000 as part of a three-year consent decree to resolve an EEOC lawsuit. 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. Kilgore v. Trussville Dev., No. Bowers v. Dep't of Transp., EEOC Appeal No. EEOC RETALIATION LAWSUIT- $165,000 Settlement On one occasion, the supervisor physically assaulted the employee when he poured a bottle of water on Villanueva's head, grabbed his head, and pushed it down towards a table, the EEOC charged. 12, 2013). In July 2008, a Chicago-based leading chemical manufacturer of high-quality surfactants, polymers, chemical specialties and cosmetic preservatives paid $175,000 to settle a class race discrimination and retaliation lawsuit filed by the EEOC. 0720140005 (Dec. 9, 2016). The harassment included the White coworkers calling the Black employee racial slurs such as "spook," "spade" and "Buckwheat." Complainant also stated that the Director, who was extensively involved in the selection yet did not testify at the hearing, made several comments that revealed a discriminatory intent. 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. 1:10-CV-02692 (D. Md. EEOC v. L.A. 3:12-cv-3069(LTS) (N.D. Iowa consent decree granted June 24, 2013). EEOC Wants New Judgment In Trucking Co. Disability Case In a complaint filed in June 2011, EEOC alleged that, from at least May 2007 through June 2008, one Black employee was subjected to derogatory and threatening comments based on his race by his supervisor and co-workers, and that a coworker mechanic displayed a noose and asked him if he wanted to "hang from our family tree." After being subjected to racial slurs and witnessing a supervisor display a noose with a black stuffed animal hanging from it, the employee complained. 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. brief filed June 22, 2015). As a result, a default judgment was entered by U.S. District Judge M. Casey Rodgers, based upon evidence submitted by the EEOC and Titan was ordered to pay lost wages and other damages suffered by Brooks. . The EEOC's suit also alleged that, about a week after the distributor finally removed the graffiti, a second message appeared, this time stating "KKK I hate N*****s." The EEOC alleged that this second message remained visible for over three months after the employee alerted the EEOC to the situation. 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." The store manager allegedly made racially and sexually offensive remarks to a Black employee, referred to the African Americans as "you people" and interracial couples as "Oreos" or "Zebras," and disparaged the employee for marrying a Caucasian man. In March 2012, the EEOC sued a restaurant in Menomonie, Wisconsin because its managers allegedly posted images of a noose, a Klan hood and other racist depictions, including a dollar bill that was defaced with a noose around the neck of a Black-faced George Washington, swastikas, and the image of a man in a Ku Klux Klan hood. is the contrast in races." In November 2010, a Chicago janitorial services provider agreed to pay $3 million to approximately 550 rejected Black job applicants under a four-year consent decree, settling the EEOC's allegations of race and national origin discrimination in recruitment and hiring. In May 2009, the district court ruled that the distributor was not liable for racial harassment or retaliation under Title VII because the employer took prompt and remedial action once it was notified of the racial slur and because it terminated the employee misconduct, not because he opposed race discrimination. In December 2012, an office and technology supply store paid $85,000 and target recruitment of African-Americans and Hispanics to settle a retaliation lawsuit filed by the EEOC. 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. Under a 30-month consent decree, the company must designate an EEOC-approved individual to conduct independent investigations into future complaints of workplace harassment and determine what, if any, disciplinary and corrective action needs to be taken in response to a harassment complaint. 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. According to the EEOC's lawsuit, the store manager of the Port Huron, Mich., location made derogatory, race-based comments to the only African American employee. ADP LLC, under a conciliation agreement signed before any lawsuit was filed, also will enhance its recruitment, hiring and promotion of racial minorities, the EEOC announced July 29. Jan. 8, 2015). 8:14-cv-1621-T-33TGW (M.D. Under the consent decree resolving the EEOC's claims, Hospman also will revise policies regarding race discrimination complaints as set forth in its employee handbook; conduct annual training of its managers and supervisors on the requirements of Title VII; post a notice about the lawsuit for its employees; and report to the EEOC regarding complaints of race discrimination and the company's employment practices. Here's Why Retaliation Claims Are Easier To Prove In Court Than 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. 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). Racially offensive pictures targeted against minority employees were also posted in the workplace. In September 2010, the EEOC commenced a lawsuit against a giant shipping and delivery service for subjecting a class of African-American employees to different job assignments because of their race. The four-year consent decree also includes provisions requiring anti-discrimination training, reporting, and postings. 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. The Commission alleged that Whirlpool violated Title VII of the Civil Rights Act of 1964 when it did nothing to stop a White male co-worker at a Whirlpool plant in LaVergne, Tenn., from harassing an African-American female employee because of her race and sex. Stay connected with the latest EEOC news by subscribing to our email updates. In July 2007, the Sixth Circuit agreed in part with EEOC's amicus argument that a district court improperly granted summary judgment against a Black rehabilitation aide because she presented sufficient evidence - whether categorized as "direct" or "circumstantial" - that race was a factor motivating her employer's decision not to promote her. The EEOC currently has a number of on-going lawsuits and settlements of lawsuits. 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. The general manager also talked about a noose and having "friends" visit in the middle of the night as threats to Floyd. EEOC v. Windings, Inc., Civil Action No. The same manager allegedly referred to one Black employee as "gorilla" while the employee was holding a banana. 3:14-cv-03815 (D.S.C. The three-year decree enjoins the company from future discrimination and retaliation on the basis of race or national origin and mandates anti-discrimination and investigation training for all of its employees and supervisors. The EEOC took the case to trial and won, with a jury awarding Nelson $187,000 in back pay on his retaliation claim. EEOC v. Columbine Health Sys. Selected List of Press Releases Announcing Litigation Filings and Resolutions in Recent Race Harassment Cases. In January 2007, the Commission found discrimination based on race (African-American) when a federal employee was not selected for the position of Criminal Investigator despite plainly superior qualifications as compared to the selectee. In August 2011, New York University agreed to pay $210,000 in lost wages and compensatory damages to settle a racial and national origin harassment lawsuit by the EEOC, alleging that an African NYU Library employee from Ghana was subjected to racial slurs, such as "monkey" and "gorilla" and insults such as "do you want a banana," "go back to the jungle," and "go back to your cage" by his mailroom supervisor. Fla. Jan. 27, 2017). These practices led to all American workers receiving less pay than their foreign born counterparts. The term was spray-painted on walls and doors, written in Black marker or spray painted in the locker rooms, equipment, and on a calendar in the break room over Martin Luther King's birthday, etched into bathroom walls in the terminal, and written in dust on dock surfaces, even after the employer held a sensitivity session to explain the term's racial and derogatory implications. In June 2005, EEOC obtained an $8 million dollar settlement from Ford Motor Co. and a major national union in a class race discrimination lawsuit, alleging that a test had a disproportionately negative impact on African American hourly employees seeking admission to an apprenticeship program. In June 2010, the EEOC obtained a ruling by the Ninth Circuit that permits the Commission to pursue injunctive relief to stop a coal company mining in the Navajo Nation from discriminating in employment against non-Navajo Indians. The company denied the allegations in court. Corey Bussey, Justin Jones and Christopher Evans worked in the meat department at GNT Foods. Ultimately, both Black employees were terminated, but the EEOC asserted that one of the employees was discharged for an infraction for which non-Black employees were not disciplined, while the other was discharged after relaying his intention to file a charge of discrimination to the company. According to the lawsuit, Lesine and Ware allegedly were subjected to unwelcome derogatory racial comments and slurs made by a White coworker, including the repeated use of the "n" word. In March 2007, EEOC reached a $60,000 settlement in its Title VII lawsuit against Stock Building Supply d/b/a Stuart Lumber alleging that defendant did not give Charging Party a salary increase when he was promoted to a managerial position while White employees who were promoted were given salary increases. According to the consent decree, Bass Pro will engage in good faith efforts to increase diversity by reaching out to minority colleges and technical schools, participating in job fairs in communities with large minority populations and post job openings in publications popular among Black and Hispanic communities. May 23, 2018. According to the EEOC's lawsuit, Prewett and Desoto supervisors and managers subjected African American employees to daily harassment and humiliation because of their race by calling them racially offensive and derogatory names and assigned Black employees the more dangerous job duties. In October 2019, the EEOCs Office of Federal Operation found that the U.S. Bureau of Prisons (BOP) Devens Federal Medical Center in Ayer, MA discriminated against a Hispanic female former Health Information Technician on the basis of race and sex when a supervisor gave her an unwarranted negative reference which cost her the job. In October 2015, a federal judge held that the operators of an Indianapolis Hampton Inn in contempt for failing to comply with five different conditions settling the EEOC's class race discrimination and retaliation lawsuit against the companies. In April 2011, a federal district court in Tennessee reaffirmed a court judgment of $1,073,261 when it denied the world's leading manufacturer and marketer of major home appliances' motion to reduce the victim's front and back pay awards. McAlpin, who was the police chief in Sneads from 2006 to 2018, argued that he was terminated by the Town . The alleged harassment included name-calling such as "black Polack," "Buckwheat," and "boy;" White coworkers' frequent use of the N-word; and the discovery of a note in a Black employee's locker that said: "KKK plans could result in death, serious personal injury, Nigga Bernard." The lawsuit further charged that the company suspended and then fired all three employees for complaining about the harassment. Ind. The outcome of this 11th Circuit case holds important lessons for both workers and employers involved in alleged instances of discrimination and retaliation. May 28, 2013). ) or https:// means youve safely connected to the .gov website. See Equal Employment Opportunity Act of 1972, Pub. reopened after dismissal due to bankruptcy Mar. The Court decided that there was substantial evidence to support the Commission's determination that the coroner's reasons for Linehan's demotion and subsequent termination were pretextual. The EEOCs Chicago District Office is responsible for processing charges of employment discrimination, administrative enforcement and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.