Brooks was also subjected to harassment such as racial slurs and racially derogatory insults, taunting and racial stereotypes, including the use of the "N-word." 15-cv-02901 (D. Minn. consent decree filed Mar. It must also place a notation in the personnel file of both managers stating that they were the subject of a racial harassment complaint. Sep. 12, 2014). In March 2011, a federal district court in Maryland rejected a novel attempt by a national restaurant chain to block the EEOC from airing radio spots seeking Black individuals who applied for a job or worked at the chain's Baltimore location, in connection with its race bias suit against the restaurant. In November 2008, a popular pizzeria based in Ferndale, Mich. agreed to pay $20,000 to resolve an EEOC lawsuit alleging that the pizzeria violated federal law when it told two qualified Black job seekers for waitress positions, one of whom is African and spoke with an accent, on two separate occasions that it had run out of applications but hired a White applicant as a waitress later the same day without requiring her to fill out an application. The consent decree also requires the pizzeria to keep records on information relevant to whether unlawful practices have been committed and its hiring data, and to submit reports to the EEOC on this information. She was also subjected to unequal terms and conditions of employment. EEOC v. Century Shree Corp. & Century Rama Inc., Case No. Co., No. 4:11-cv-03425 (S.D. The EEOC alleged that the store engaged in color discrimination when a Bangladeshi employee who was assigned to be store manager of a Staten Island location allegedly was told by her district supervisor that Staten Island was a predominantly White neighborhood and that she should change her dark skin color if she wanted to work in the area. In addition to the monetary relief, the conciliation agreement provides ensures that during the next five years, Ford will conduct regular training at the two Chicago-area facilities; continue to disseminate its anti-harassment and anti-discrimination policies and procedures to employees and new hires; report to EEOC regarding complaints of harassment and/or related discrimination; and monitor its workforce regarding issues of alleged sexual or racial harassment and related discrimination. In June 2015, EEOC filed a lawsuit accusing Outokumpu Stainless USA, LLC of not promoting workers at its Calvert plant because of their race. The comments included repeated use of the "N-word." In April 2019, a Jacksonville-based licensed sports merchandise company agreed to pay a Black former employee $57,050 in back pay and $265,000 in compensatory damages, a total of $322,050 as part of a consent decree to settle an EEOC lawsuit. In January 2010, an international designer and manufacturer of medical devices agreed to pay $250,000 to settle EEOC's Title VII lawsuit alleging race discrimination. In August 2006, a major national public works contractor paid $125,000 to settle race, gender, national origin and religious discrimination and retaliation lawsuits brought by EEOC on behalf of a class of Black, Asian, and female electricians who were subjected to daily harassment due to their race, national origin, and/or gender by their immediate foremen, racial and otherwise offensive graffiti in plain sight at the workplace, and retaliation for complaining. 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. In addition, the company must provide training in its policies on hiring, promotion, transfer, and co-employment. Although the company denied liability for the harassment, the three-year consent decree enjoins the company from engaging in further retaliation, race discrimination, or racial harassment, including associational bias. Selected List of Pending And Resolved Cases Involving Farmworkers from 1999 to the Present. 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. In April 2011, the Fourth Circuit vacated in part the district court's judgment and remanded for trial part of the EEOC's racial harassment suit against Xerxes, a fiberglass company. 06-cv-7806 (S.D.N.Y. In February 2008, the Commission upheld an AJ's finding of race and color discrimination where a probationary employee was terminated from his position of Part-Time Flexible Letter Carrier. Miss. 11-cv-08090 (C.D. Some recent examples highlight the impact of retaliation case settlements on an organization's bottom line, not to mention . The court of appeals also held that no particular degree or type of advocacy on behalf of individuals of a different race is required to state an associational discrimination claim based on this theory, again, so long as a plaintiff can show that she was discriminated against based on her advocacy on behalf of such individuals. 15-cv-4892 (N.D. Ill. consent decree filed Jan. 10, 2017). Co., No. "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. Hopkins (1989) The Supreme Court ruled that employment discrimination based on sex stereotypes is recognized as unlawful sexual discrimination under Title VII of the Civil Rights Act of 1964. The lawsuit alleged that since November 2012, a White manager harassed the worker of Filipino heritage by directing racial slurs ("non-white m----f----r," "non-white guy," "spic," "n----r," "monkey" and "ape") at him, jabbing him with a finger in the stomach and chest, and once urinating on his leg while he worked under a truck. 12, 2013). In February 2006, the Commission settled for $275,000 a Title VII lawsuit alleging that defendant, an aviation services company, subjected Charging Party to discriminatory terms and conditions of employment, discipline, and demotion based on race, Black. For example, "circle dots" referred to the clients that preferred Caucasian caregivers. In November 2019, a federal judge approved a $1.2 million settlement resolving the EEOCs racial harassment suit against Nabors Corporate Services Inc. and another Houston-based oil field services company. 2:09-CV-923 (M.D. The parties entered a consent decree that enjoins the company from engaging in color discrimination or retaliation. Washington, DC 20507 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 2004, the Commission settled a racial and sexual harassment lawsuit for $67,000 plus injunctive relief on behalf of two Black young female employees who alleged that they were subjected to unwelcome touching, degrading sexual and racial comments, and were shown a drawing of a Ku Klux Klan member by their supervisor. Allegedly, the company disciplined an African-American quality control supervisor for having facial hair and using a cell phone during work, while Caucasian employees were not reprimanded for similar conduct. In August 2010, a judge refused to dismiss an EEOC lawsuit alleging that a freight management company hired Hispanic workers to the exclusion of equally or more qualified non-Hispanic employees for non-management positions at a Wal-Mart distribution facility in Shelby, North Carolina. The judge faulted Noble Management LLC and New Indianapolis Hotels for failing to: (1) properly post notices; (2) properly train management employees; (3) keep employment records; (4) institute a new hiring procedure for housekeeping employees; and (5) reinstate three former housekeeping employees. According to the EEOC's complaint, a Black powder coater at the Bishopville plant was repeatedly subjected to racial slurs by two White employees. In September 2012, the County of Kauai in Hawaii paid $120,000 to settle a federal charge of race harassment filed with the EEOC. In its lawsuit, the EEOC asserted that the Piggly Wiggly locations owned by MWR Enterprises Inc. II violated federal law by maintaining policies and practices that intentionally failed to hire African-Americans because of their race for positions at the company's Piggly Wiggly store in Hartsville and Lafayette. EEOC v. AutoZone, Inc., No. or name-calling such as "pencil dick," by his supervisor. A posting notice and attorneys fees were also ordered. 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 . When the employee complained, she was told to "pray about it" or "leave" by the owner; the employee resigned. In October 2019, a Phoenix-based moving company accused of "pervasive" racial harassment against a Black employee will pay $54,000 to settle an EEOC lawsuit. No supervisor made any attempt to stop the abuse. No. In June 2017, the EEOC reversed the Administrative Judge's finding of no discrimination by summary judgment, which the Department of Homeland Security (Agency) adopted, regarding Complainant's claim that the Agency discriminated against her, an African American woman, when it failed to select her for a promotion. 0720150030 (Aug. 29, 2017). The lawsuit alleged that the manager told one employee she looked as "Black as charcoal" and repeatedly called her "charcoal" until she quit. EEOC v. Dolgencorp, LLC d/b/a Dollar General, No. The evidence of record established, however, that the "DAN" comment was unlikely used in complainant's presence as he could not recall who said it and he conceded it was not directed at him. According to the lawsuit, the employee who was the only African American worker at the site was daily subjected to racial slurs by coworkers which management refused to address. The EEOC will monitor compliance with the conciliation agreement. 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. 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. According to the lawsuit, EEOC alleged from at least 1993 to the present, a White foreman repeatedly used racial slurs toward Black workers, that the company assigned Black employees to the most difficult, dirty, and least desirable jobs, that the roofing contractor systematically excluded Black employees from promotion opportunities, and that the company retaliated against those who complained. In August 2003, the EEOC obtained a $40,000 settlement on behalf of an African American former employee who was discriminated against based on his dark skin color by a light skinned African American manager, and terminated when he complained to corporate headquarters. 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). The U.S. 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. 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. The law on disability discrimination is clear and unequivocalit is illegal to discriminate against anyone at work due to their disability. The JATC imposed this severe sanction despite the apprentice satisfactorily completing virtually the entire eight-term program and despite his complaints about inadequate on-the-job training from biased contractors. Within hours of his final complaint, the coater was fired, allegedly in retaliation for his complaints of racial harassment. Tenn. Feb. 23, 2012). Ala. Dec. 2016). The AJ found that the harassment ultimately led to proposed disciplinary action and complainant's constructive discharge. In addition to monetary relief, the company must provide race discrimination training to all employees. After the employee formally complained to human resources about the harassment, he was fired within 48 hours. The EEOC filed suit against the company in September 2010, charging that the company subjected Antonio and Joby Bratcher and a class of African-American employees to racial harassment and retaliation. The four-year consent decree also includes provisions requiring anti-discrimination training, reporting, and postings. LEXIS 110149 (N.D. Ill. Sept. 27, 2011). Workplace Racial Discrimination Cases That Can Affect Your Chances of a Successful Lawsuit. Although the assistant complained repeatedly to NYU management and human resources personnel, NYU took months to investigate and then took virtually no action to curb the supervisor's conduct. According to the EEOC's August 2017 lawsuit, Maritime violated Title VII of the Civil Rights Act of 1964 by segregating a class of Hispanic workers into lower-paying jobs as laborers or detailers at its former Edgewater, Md., facility. The Commission affirmed the AJ's finding that the agency's articulated reason for failing to select complainant -- the selectee was "highly recommended" to the selecting official -- was not worthy of belief since complainant was "definitely recommended" and that discrimination more likely motivated the agency's decision. The suit further alleged that Dollar General subjected the Black employee to increasing hostility and discipline after she complained about the unequal treatment. EEOC v. Regis Corp., Civil Action No. 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. Plaintiff Monica Guessous is an Arab-American Muslim woman from Morocco who worked for Fairview Property Investments, LLC until she was terminated from her position as a bookkeeping assistant by her supervisor, Greg Washenko, Fairview's Chief Financial Officer. In September 2019, Lexington Treatment Associates, a Delaware-based limited liability company that owns and operates methadone clinics in North Carolina, paid $110,000 and provided other relief to settle a racial harassment lawsuit brought by the EEOC. In March 2017, an Illinois sheet metal and HVAC company paid $325,000 to settle EEOC charges that it subjected a Black Puerto Rican worker to national origin, race and color harassment that culminated in a brutal physical assault. The employee also frequently heard other co-workers use racial slurs such as "nigger" and "monkey" over the radio when communicating with each other. In turn, officials at the U.S. Nonetheless, the court rejected AutoZone's argument, accepted by the district court below, that the absence of an "adverse employment action" defeats a claim under 2000e-2(a)(2). In December 2018, Maritime Autowash (later known as Phase 2 Investments, Inc.) paid $300,000 in monetary relief and furnished equitable relief to settle an EEOC race and national origin discrimination lawsuit. Under the decree, the supplier will provide web-based training to all employees at its Baton Rouge and Harahan, Louisiana offices on Title VII and defendant's antidiscrimination policies and complaint reporting procedures. The company also agreed to establish an internal complaint procedure, disseminate an anti-harassment policy, and train its workforce to prevent future harassment. 1981), which were consolidated for purposes of settlement. June 11, 2015). On appeal, the Seventh Circuit affirmed the district court's judgment and held for the first time held that a tax-offset award was appropriate in a Title VII claim when the lump-sum award place the employee in a higher tax bracket. EEOC v. Area Temps, No. In August 2012, a Tampa, Fla.-based environmental services company agreed to settle a race discrimination and harassment case brought by the EEOC and eleven intervening plaintiffs for $2,750,000 and other relief. In April 2007, a Pennsylvania hot dog franchise entered a consent decree with the EEOC agreeing to pay $7,500, to post a remedial notice in the restaurant, to semi-annually report on any future complaints alleging racial discrimination to the EEOC for a period of four years, and to provide Title VII training to all supervisors and managers. The EEOC's lawsuit charged that OfficeMax violated federal law when its store manager retaliated against a sales associate after the associate complained that he had been terminated because he is Hispanic. 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. Additionally, the EEOC alleged that an African-American telemarketer was paid less than a Caucasian telemarketer in a substantially similar job. In November 2019, Janitorial Service Provider Diversified Maintenance Systems, LLC paid $750,000 and furnished significant equitable relief to settle a federal race discrimination, harassment and retaliation lawsuit. consent decree filed Mar. Upon arrival, her employer realized she was Black and her supervisors gave her no direction and very few assignments despite her requests for work. In September 2012, the judge entered a five-year consent decree resolving the EEOC's litigation against the hotel operators. 2:10-cv-03095 (D.N.J. 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. EEOC v. A.C. Widenhouse Inc., No. The consent decree also requires River View to refrain from any future racial discrimination in its hiring procedures. 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. 71 Civ. EEOC v. AA Foundries Inc., No. This is definitely one reason organizations like to reach settlement out of court. In June 2011, Herzog Roofing, Inc., a Detroit Lakes, Minn., roofing company, agreed in a pre-suit settlement to pay $71,500 to seven Black, Hispanic, and American Indian employees to settle racial harassment and retaliation charges, alleging that the targeted employees were frequently subjected to racial epithets, racial jokes and hostile treatment by managers and coworkers and that complaints were ignored. EEOC v. Holmes & Holmes Industrial, Inc., No. The evidence in that case was both severe and pervasive because the workplace featured Nazi symbols, racially graphic and threatening graffiti with messages to kill Black people, displays of nooses and swastikas in work areas open to Black employees, racial slurs and epithets, an open display of KKK videos in the employee lounge areas and circulation of political literature by David Duke, a known KKK leader. She also asserted that her termination was racially motivated. The company also agreed to provide annual training for two years for its employees, including managers and human resources employees. The 24-month consent decree applies to all of Defendant's facilities in Georgia and include requirements that Defendant create and institute a nonretaliation policy, advise all employees that it will not retaliate against them for complaining about discrimination, and instruct all management and supervisory personnel about the terms of the decree and provide them with annual training on Title VII's equal employment obligations, including nonretaliation. Additionally, Black workers were terminated because of their race, female workers were subjected to a sex-based hostile work environment, which included male managers making sexual advances and calling them gender-related epithets such as "b-----s.", and all complainants suffered retaliation for reporting the discrimination. A Black employee to complained and then was fired. The consent decree provided $255,000 in monetary relief: $105,000 to Charging Party and $150,000 for a settlement fund for eligible claimants as determined by EEOC. The company failed to retain counsel to prosecute the lawsuit. In December 2009, a national restaurant chain settled a racial harassment lawsuit brought by EEOC for $1.26 million and significant remedial relief in a case alleging repeated racial harassment of 37 Black workers at the company's Beachwood, Ohio location. Other African-American employees were subjected to racial harassment, such as a White supervisor placing a hangman's noose on a piece of machinery. He is retired, but not by choice. In July 2010, one of the largest temporary placement agencies in Greater Cleveland area agreed to pay $650,000 to settle an employment discrimination lawsuit brought by the EEOC. In April 2008, a national video store entered a consent decree to pay $80,000 and to provide neutral references for the claimant in resolution of the EEOC's Title VII lawsuit against it. Pursuant to a 3-year consent decree, 13 complainants would receive $871,000 and attorney's fees and costs. EEOC v. Bloom at Belfair, No. 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 other employee was forced to resign. In January 2013, Emmert International agreed to settle an employment discrimination lawsuit filed by EEOC that charged the company harassed and retaliated against employees in violation of federal law. After the interviews, the panel selected Complainant. The company denied the allegations in court. 15-1055 (4th Cir. EEOC v. J&R Baker Farms LLC, 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. 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. The decree also requires the company to establish and enforce a written policy that will ensure that employees are protected from discrimination. Ill. consent decree filed 3/29/17). For example, in federal court from 1979 to 2006, plaintiffs in non-employment law cases won 51% of the time. In addition to the monetary relief, the consent decree requires the store chain to post a remedial notice, provide semi-annual training to managers and supervisors on employee and applicant rights under Title VII and employer obligations under Title VII, and report applicant data and any future complaints related to racial discrimination to the EEOC. Lastly, EEOC asserted that dozens of employees complained about the discriminatory treatment and harassment and were subsequently given the harder job assignments, were passed over for promotion and even fired as retaliation. The decree also mandates training of employees and reporting to the EEOC any future complaints of race harassment. In July 2010, Area Temps, Inc., a northeast Ohio temporary labor agency, agreed to pay $650,000 to resolve an EEOC lawsuit alleging that the company engaged in a systematic practice of considering and assigning (or rejecting) job applicants by race, sex, Hispanic national origin and age. Law360 (February 24, 2023, 4:10 PM EST) -- A Manhattan federal judge has ruled that a former boss in New York City's largest correction officers union should have his bribery sentence reduced and . According to the lawsuits, minority employees were repeatedly subjected to derogatory comments and graffiti. The EEOC lawsuit accused the owner of 28 Event Space of retaliating against an African American employee who was a witness in an earlier race discrimination claim against Profile Cabinet and Design.