Equal Employment Opportunity Commission (EEOC) on three claims of disability discrimination against Walmart, the federal agency announced today. 8:14-cv-1621-T-33TGW (M.D. 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. In September 2018, Big 5 store in Oak Harbor, Island County settled a racial harassment and retaliation case for $165,000 and other remedial relief. The Caucasian employee also was called derogatory names, such as "N-lover," when she turned down customers for dates. case is very strong against midwifery organizations. 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. The court granted the EEOC's motion for a default judgment and awarded $50,000 to five claimants. 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. 0720140005 (Dec. 9, 2016). Mar. In June 2008, a beauty supply chain agreed to pay $30,000 to settle a race discrimination lawsuit in which the EEOC charged that it rescinded a job offer after learning the successful applicant was Black. Additionally, the hotel agreed to hire an outside equal employment opportunity consultant to ensure that the company implements effective policies, procedures and training for all employees to prevent discrimination, harassment and retaliation. In addition to requiring a payment of damages, the consent decree settling the suit prohibits the furniture company from further retaliating against employees who complain about discrimination and requires the company to amend its current anti-discrimination policy to conform to EEOC policy and to provide four hours of anti-discrimination training to all Koper employees, including management personnel, on a biannual basis. 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). 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. Pursuant to a consent decree, the chain also agreed to hiring goals with the aim of having 11 percent of its future workforce be African American. 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. The three-year settlement includes the company's agreement to not permit or maintain a hostile work environment based on race, not to discriminate or retaliate against any employees because of opposition to any unlawful practice, a posting of procedures for reporting discrimination and harassment, the submission of a report to EEOC regarding internal discrimination and harassment complaints, and the provision of a neutral letter of reference that states one of the affected employees left employment because he was laid off. The EEOC will monitor compliance with the conciliation agreement. The punishment included removing the man from his crew and assigning him to perform menial tasks such as washing trucks and sweeping, rather than the oil field work that he had been hired to perform, and reducing his work hours, thereby reducing his income. 11-cv-08090 (C.D. A lock ( In August 2009, a Mississippi-based drilling company agreed to pay $50,000 to settle a Title VII lawsuit, alleging that four employees, three White and one Black, experienced racial harassment and retaliation while assigned to a remote drilling rig in Texas. In addition to the $100,000 payment, Sears has agreed to take specified actions designed to prevent future discrimination, including the posting of anti-discrimination notices to employees, dissemination of its anti-discrimination policy and providing anti-discrimination training to employees. 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. After being subjected to racial slurs and witnessing a supervisor display a noose with a black stuffed animal hanging from it, the employee complained. According to the EEOC's suit, Dellande was the first Black professor to have been allowed to apply for tenure at the ASBE, and was subjected to a higher standard for obtaining tenure and promotion than her non-Black peers. The EEOC had alleged that the Farms subjected American workers, most of whom were African American, to discrimination based on national origin and race at their Colquitt County location. The Commission had alleged Ready Mix USA LLC, doing business as Couch Ready Mix USA LLC, subjected a class of African American males at Ready Mix's Montgomery-area facilities to a racially hostile work environment. In January 2020, Jackson National Life Insurance paid Black female employees in Denver and Nashville $20.5 million to settle a racial and sexual discrimination case brought by EEOCs Denver and Phoenix offices. The EEOC also charged that their supervising chefs referred to the affected dishwashers as f-----g Haitians, and slaves and reprimanded them for speaking Creole, even amongst themselves, while Hispanic employees were permitted to speak Spanish. The EEOC charged in its lawsuit that the general manager who worked at both the Best Western Evergreen Inn (formerly La Quinta Federal Way) and Best Western Tacoma Dome persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of federal law. In January 2010, a Georgia car dealership agreed to pay $140,000 to settle a race discrimination suit. 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. Tex. Such alleged conduct violates the Age Discrimination in Employment Act, which prohibits discriminating against individuals because they are age 40 or older. According to the EEOC, evidence at trial indicated that a White supervisor used "the N word" in reference to Black employees, called male Black employees "motherfucking boys," posted racially tinged materials in an employee break room, and accused Black employees of "always stealing and wanting welfare." 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. 9, 2012). Some recent examples highlight the impact of retaliation case settlements on an organization's bottom line, not to mention . The court also entered a three-year injunction, enjoining the defendants from: discharging employees in retaliation for complaints about racially offensive postings in their workplace; failing to adopt policies that explicitly prohibit actions made unlawful under Title VII; failing to adopt an investigative process with regard to discrimination claims; and failing to provide annual training regarding Title VII to Chris Brekken, who owns all interests in the three corporate defendants, and other managers. In August 2008, a tobacco retail chain agreed to pay $425,000 and provide significant remedial relief to settle a race discrimination lawsuit on behalf of qualified Black workers who were denied promotion to management positions. 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. The monetary award will be paid to African-American applicants who were denied jobs. The claims included: (1) awarding Black employees less favorable assignments (both terminals); (2) assigning them more difficult and demanding work (both terminals); (3) enforcing break times more stringently (Chicago Heights); (4) subjecting their work to heightened scrutiny (Chicago Heights); and (5) disciplining them for minor misconduct (both terminals). In September 2019, the EEOC Office of Federal Operations reversed an agency finding of no discrimination. Ala. Dec. 2016). The lawsuit alleged that a Black employee was asked if he could read because a lot of you guys cant read, and that a general manager referred to Black employees as monkeys or Africans and many other accusations. Additionally, Diversified must implement a targeted hiring plan that tracks the number and race of applicants, and reason(s) why they are not hired. 13-cv-00198 (D. Wyo. 11-cv-134 (M.D. In April 2013, a Utah construction company paid three former employees $230,000 and improved its future employment practices to settle an EEOC race harassment and retaliation lawsuit. Stay connected with the latest EEOC news by subscribing to our email updates. In November 2006, the EEOC affirmed an AJ's findings that a federal employee complainant was not selected for promotion to Team Leader based on race (African American), sex (female) and age (DOB 2/14/54), notwithstanding her qualifications, and that she was subjected to discriminatory harassment by the same management official. The consent decree also bolsters supervisor accountability and requires training on the requirements of Title VII for all managers, supervisors, and Human Resources personnel. The decree also required the company to report future complaints of race harassment and any measures taken to investigate and remedy such complaints. Real EEOC Cases | U.S. Equal Employment Opportunity Commission Female employees were subjected to offensive sexual comments and touching by managers and coworkers; Black employees to racially derogatory language, and directives to wait on customers that White employees refused to serve and to work in the smoking section; and a White employee to racially offensive language because of her association with a Black employee. . In July 2007, EEOC and Walgreens agreed to a proposed settlement of $20 million to resolve allegations that the Illinois-based national drug store chain engaged in systemic race discrimination against African American retail management and pharmacy employees in promotion, compensation and assignment. In December 2014, two Memphis-based affiliates of Select Staffing, employment companies doing business in Tennessee, agreed to pay $580,000 to settle allegations they engaged in race and national origin discrimination. 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. Yellow Transp. In reversing the Agency's decision finding no discrimination, the Commission found that the issuances of the disciplinary actions giving rise to these claims was motivated by discriminatory animus based on Complainant's race. In October 2007, the EEOC resolved a discrimination lawsuit alleging race and age discrimination for $48,000. 3:12-cv-3069(LTS) (N.D. Iowa consent decree granted June 24, 2013). In November 2011, a furniture company operating in several locations in Puerto Rico, agreed to pay $40,000 and furnish other relief to settle a charge of retaliation at a worksite in San Juan. In addition, former employees alleged that Hispanic workers were routinely exposed to racist graffiti, which the company never addressed. For workers, the ruling is a reminder to make certain of the completeness of all filings with the EEOC to avoid potential exhaustion problems. Corey Bussey, Justin Jones and Christopher Evans worked in the meat department at GNT Foods. Such alleged conduct violates the Americans with Disabilities Act (ADA), which prohibits discrimination based on an employees disability. proposed consent decree filed Sep. 25, 2012). The EEOC found that the employees supervisor, an Asian woman, intentionally sabotaged complainant because she did not want a Hispanic woman to potentially serve as her supervisor. The complainant also alleged that the supervisor only wanted to promote Caucasian employees. In May 2009, an Illinois construction company agreed to pay $630,000 to settle a class action race discrimination suit, alleging that it laid off Black employees after they had worked for the company for short periods of time, but retained White employees for long-term employment. In November 2006, the Commission found that a federal employee had been discriminated against based on his race (Asian/Pacific Islander) when he was not selected for the position of Social Insurance Specialist. In February 2012, major cement and concrete products company, paid $400,000 and furnished other relief to settle am EEOC lawsuit alleging racial harassment. In accordance with the agreement, the company will pay a civil penalty and discontinue its "word-of-mouth" referrals to settle the accusations that its behavior stifled diversity in the laborer role. filed consent decree 12/15/11). EEOC v. Northern Star Hospitality Inc., Civil Action No. The persistent same-race harassment - which was reported to management and the Board of Directors - included graphic language, racial slurs and pejorative insults. The store manager allegedly told one applicant that the store "does not hire White people.". 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. He also said he did not know what it meant until another employee told him and did not report the comment to management. 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. 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. In November 2007, the district court ruled in favor of the EEOC in its Title VII suit alleging that a Texas transportation shuttle service discriminated against African American drivers in favor of native African drivers by denying them the more profitable routes, sending them to destinations where no passengers awaited pickup, and misappropriating tips earned by the Black American drivers and instead giving them to the African drivers. 5:11CV00134 (W.D.N.C. The court granted preliminary approval of a proposed consent decree, but it must grant final approval following a fairness hearing before the decree takes effect. 2:15-cv-01347 (E.D. The case, EEOC v. Wal-Mart Stores East, E.D. The EEOC ultimately found reasonable cause to believe that the county violated Title VII of the Civil Rights Act of 1964 for the harassment to which the former attorney was subjected. 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. An investigation by the EEOC's Minneapolis Area Office revealed that the mattress and box spring manufacturing company in St. Paul, Minn. subjected its Black and Hispanic employees to severe racial harassment in the form of KKK hoods, nooses, and racial slurs and jokes. In addition to the monetary relief, the EEOC consent decree requires the company to provide EEO training and to post a notice about the lawsuit in the workplace. 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. According to EEOC, SFI replaced the black employees with white employees. The company conducted an internal investigation, trained its employees, and terminated the company official to address the claims filed against it. In August 2016, a magistrate judge reaffirmed that "African" has long been recognized as an acceptable class entitled to protection under Title VII. 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. Under the agreement, 23 Black employees will receive $650,000. Cases Climbing Back Up. The agency alleges that all American workers were discriminatorily discharged, subjected to different terms and conditions of employment, and provided fewer work opportunities, based on their national origin and/or race. In the lawsuit, EEOC alleged that the harassment of African American employees included multiple displays of nooses, the repeated use of the "N-word," and physical threats. EEOC v. Caldwell Freight Lines, Case No. The EEOC asserted that the military contractor engaged in racial harassment and retaliation after it allegedly permitted a Latino supervisor and White co-workers to subject an African American electrician to racial jokes, slurs and threats daily for a year. The EEOC had charged the company with subjecting a Black Liberian employee to harassment because of his race and national origin and two Hispanic employees, one Colombian and the other Puerto Rican, to harassment based on national origin at one of its work sites in Greensboro, N.C. On January 15, 2011, the corporation asked that the damages be reduced because, inter alia, the plant where the victim had worked had closed. Individuals who believe they may have been victims of discrimination may file a complaint at https://civilrights.justice.gov/. The agency maintains that neither they nor the non-Black employees who actually caused the damage to the light fixture were terminated. 4:10-CV-002070-SWW (E.D. 10 of the biggest EEOC settlements ever | HRD America 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. 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. For more information on the ADA, please call the Justice Department's toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Konos Agrees to Pay $175,000 to Settle EEOC Sexual Harassment and Retaliation Case. The Magistrate Judge recommended that the motion be denied in total. The racial harassment included a male shift leader's frequent use of "nigger" and his exhortations that Whites were a superior race. It also must create a policy to prohibit harassment and retaliation and provide training on preventing discrimination, harassment and retaliation. 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. 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. 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. Under the consent decree, the principal of the company must attend an eight-hour training session on equal employment opportunity laws. Additionally, every six months for the next 42 months, Bass Pro is to report to the EEOC its hiring rates on a store-by-store basis. The salary of the complainant, the only African American account manager in his region, was never increased despite good performance or even when he assumed the accounts of two White employees who left the company.