Sanford Police Log, Articles E

EEOC v. Shanska USA Building, Inc., No. The manager's harassment included "humping" her from behind, grabbing her head, demanding that she perform oral sex on him, telling customers that she had AIDS "because it was proven that 83 percent of African American women had AIDS," calling her a slut, and slapping her in the face with his penis. River View Coal LLC, a unit of Alliance Resource Partners LP, also will have to regularly report to the EEOC on its hiring practices for two years to escape the suit, which alleged that the company refused to hire a class of African-American applicants for coal mining jobs at its Waverly, Ky., location since 2008. In November 2017, the EEOC reversed the Department of Homeland Security's (Agency) finding of no race discrimination on the Complainant's allegation that the Agency discriminated against him based on race when it issued him Letters of Counseling for unprofessional conduct and missing a duty call. The harassment continued even after the employee reported the conduct. It also decided, however, that a jury must determine if the three Black plaintiffs found the workplace subjectively offensive because, although their repeated complaints indicate they were offended, a jury must resolve factual issues raised by some co-workers' testimony that the plaintiffs actually did not seem bothered by the harasser's conduct. EEOC v. Holmes & Holmes Indus. As part of a five-year conciliation agreement, J.B. Hunt agreed to review and, if necessary, revise its hiring and selection policies to comply with EEOC's April 2012 enforcement guidance regarding employers' use of arrest and conviction records. 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." 2:15-cv-01347 (E.D. 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 company also must submit reports to the EEOC demonstrating its compliance with the consent decree. 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. The company conducted an internal investigation, trained its employees, and terminated the company official to address the claims filed against it. The jury awarded the former employees $50,000 in compensatory damages and $75,000 each in punitive damages. 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. Of these, employees lost at least half of all cases. 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. Additionally, managers allegedly imitated what they perceived to be the speech and mannerisms of Black employees, and denied them breaks while allowing breaks to White employees. According to the consent decree, "these policies and practices have resulted in a laborer workforce that is almost 100% Hispanic." In October 2018, MPW Industrial Services, Inc., a Hebron, Ohio industrial cleaning company, paid $170,0000 to settle a race discrimination lawsuit filed by EEOC. In June 2015, the EEOC filed an amicus brief in support of a pro se plaintiff whose race and age discrimination case was dismissed for failure to establish a prima facie case. The company also agreed to fulfill notice-posting, training, and reporting requirements. Among other reasons for removal, the coroner testified that he disagreed with Linehan's attempts to discipline certain subordinate employees. In January 2012, a marine construction and transportation company located in Dyersburg, Tenn., will pay an African-American job applicant $75,000 to settle a racial discrimination lawsuit filed by the EEOC. In January 2008, a Lockheed Martin facility in Hawaii settled a Title VII lawsuit for $2.5 million, the largest amount ever obtained by the EEOC for a single person in a race discrimination case. In September 2009, a Phoenix credit card processing company agreed to pay $415,000 and furnish significant remedial relief to settle a race harassment lawsuit, in which the EEOC charged that the company subjected a group of African American workers to racial slurs and epithets. According to the EEOC, the company has relied exclusively on "word-of-mouth recruitment practices" for field laborer positions, with the intent and effect of restricting the recruitment of Black and female applicants. EEOC v. Scully Distribution Servs. 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 consent decree also requires the restaurant to provide training in equal employment opportunity laws for all of its employees and to appoint an Equal Employment Office Coordinator, who will be responsible for investigating discrimination complaints. 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. 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. In October 2008, a department store chain in Iowa entered a consent decree agreeing to pay $50,000 and to provide other affirmative relief. The 24- month consent decree requires the company to pay $180,000 to the two employees, provide training to its staff on unlawful employment discrimination, and to review and revise its policies on workplace discrimination. In August 2015, the EEOC won a judgment of more than $365,000 against the Bliss Cabaret strip club and its parent company this week after a Black bartender was allegedly fired based on her race. Brief filed Sept. 22, 2014). The consent decree also includes provisions for equal employment opportunity training, reporting, and posting of anti-discrimination notices. The settlement requires Baker Farms to stop discriminatory practices on the basis of national origin or race, refrain from automatically filling jobs with H-2A workers, or foreign nationals who receive a visa to fill temporary agricultural jobs, without first considering American workers and institute a formal anti-discrimination policy by Aug. 1, in addition to the monetary relief. Under Pepsi's former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense." 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 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. 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, a provider of operational support software and back office services deployed by cable and broadband operators worldwide agreed to pay $60,000 to settle a race and national origin discrimination lawsuit. 3. No. In October 2014, Prestige Transportation Service L.L.C., a Miami company that provides transportation services to airline personnel to and from Miami International Airport, paid $200,000 to settle a race discrimination and retaliation lawsuit, in connection with actions allegedly committed under different ownership. Workplace Racial Discrimination Cases That Can Affect Your Chances of a Successful Lawsuit. Invest., No. They also alleged that they were subjected to racial insults and harassment when they complained. The court then reversed summary judgment and remanded the case for trial. The agency employs about 570, down roughly 150 from a decade ago. The appellate decision found that Complainant was subjected to harassment when she received the email from the coworker. The AJ questioned the Director's credibility, finding that there were considerable gaps in the Director's statements. Pursuant to the consent decree settling the suit, the Hamilton Growers will exercise good faith in hiring and retaining qualified workers of American national origin and African-American workers for all farm work positions, including supervisory positions. In January 2017, Gonnella Baking Co. of Chicago, an established bread and rolls manufacturer, agreed to pay $30,000 to settle an EEOC lawsuit alleging racial harassment at the company's Aurora, Ill., facility. Alpha Kappa Alpha Sorority, Inc.) disclosed on their resumes, could have served as proxies for race. The DM, a White female, e-mailed Defendant's Chief Operating Officer in September 2001 expressing her concerns about the exclusion of African Americans and other racial minorities from management positions. 2015). 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. The Ninth Circuit ruled that the jurors could have reasonably determined that the district manager and regional human resources manager failed to exercise reasonable care to correct promptly "the obscene and harassing behavior" of the store since management did not check the video cameras that were in parts of the store where the rep was assaulted, the investigation was not confidential, certain employees were never interviewed, the harassment was not reported to the corporate office, critical corroborating evidence was lost, and the rep had complained to management "immediately and repeatedly." 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 December 2010, the EEOC filed a race discrimination and retaliation suit against a real estate brokerage and management company alleging that the company refused to hire numerous Black applicants and then retaliated against other employees or former employees for opposing the race discrimination. They also referred to Black children or mixed-race children as 'porch monkeys' or 'Oreo babies.' The outcome of this 11th Circuit case holds important lessons for both workers and employers involved in alleged instances of discrimination and retaliation. In October 2012, a Hampton Inn franchise in Craig, Colorado agreed to pay $85,000 to resolve a race and national origin discrimination lawsuit regarding the terminations of three Caucasian and non-Latino employees. . 7:15-CV-00151-F (E.D. In addition to the monetary relief, the three-year consent decree requires the company to provide mandatory annual three-hour training on race discrimination and retaliation under Title VII; have its president or another officer appear at the training to address the company's non-discrimination policy and the consequences for discriminating in the workplace; maintain records of race discrimination and retaliation complaints; and provide annual reports to the EEOC. 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. The employee also frequently heard other co-workers use racial slurs such as "nigger" and "monkey" over the radio when communicating with each other. 16-cv-03823 WMW/FLN (D. Minn. Sep. 6, 2017). BMW will also notify other applicants who have previously expressed interest in a logistics position at the facility of their right to apply for work, the decree states. EEOC v. Northern Star Hospitality, Inc., No. $186,295 disability discrimination settlement for an applicant being denied employment for being blind. After the first interview, the recruiter allegedly advised her to take out her braids to appear more professional. Additionally, the manager asked a Black hostess to "touch and suck his penis" and inappropriately grabbed her buttocks and breasts. The consent decree also requires the owner/manager to attend individual training on EEO issues and the company must report to the EEOC on its compliance with the consent decree. The hotel also agreed to conduct antidiscrimination training and implement procedures to investigate discrimination complaints. EEOC v. Baby O's Restaurant dba Danny's Downtown, Civil Action No. According to the EEOC's lawsuit, a Puerto Rican store manager allegedly harassed a dark-complexioned Puerto Rican sales associate because of his skin color (e.g., taunting him about his color and asking why he was "so Black") and then fired him for complaining. 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 consent decree also requires that the hospital provide training to all employees, including supervisory employees, in its Cardiopulmonary Department; that it submit periodic reports to EEOC about any complaints of sex and/or race discrimination or retaliation; and that it post a notice at various locations within its facility regarding the outcome of this lawsuit. In March 2011, the Ninth Circuit affirmed the judgment of the district court against a major auto parts chain because it had permitted an African American female customer service representative (rep) to be sexually harassed by her Hispanic store manager. 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. 10-CV-7399 (S.D.N.Y. According to the EEOC's investigation, when the dining manager complained, the customer turned on him, saying, "If you don't like it, why don't you go back to your country?" The decree enjoins the company from racial coding and prohibits race-based caregiver assignments. Nov. 21, 2017). Although the employee complained about the harassment to supervisors and reported the assault to the police, he was fired. In August 2009, a Washington Park, Ill., packaging and warehousing company agreed to pay $57,500 and provide training to settle a race discrimination and retaliation lawsuit alleging that the company failed to provide a Black employee the pay raise and health insurance coverage provided to his White co-workers, and then fired him in retaliation for filing a charge of race discrimination with the EEOC. The Rastafarian security officer immediately contacted EEOC about the incident. The court "assume[d] for the sake of argument" that the evidence created a material factual dispute about whether AutoZone intentionally segregated its Black employee Kevin Stuckey because of his race when it transferred him out of a predominantly Hispanic-staffed store. The suit also included other Black applicants who were denied hire in favor of less qualified White applicants. 2012). In its lawsuit, the EEOC charged that near Union City violated federal law by paying an African-American maintenance worker less than White counterparts and subjecting him to a hostile work environment. In December 2010, a cosmetic laboratory settled an EEOC lawsuit charging discrimination based on race, color, national origin, and retaliation against a Black employee for $30,000.