One employee had a stapler thrown at her head while another was told she was nothing but a "welfare mother" and should abort her pregnancy. In May 2009 a North Carolina-based restaurant entered a three-year consent decree to pay $14,700 and provide a positive letter of reference for the claimant. In addition to the monetary relief, Holmes also committed to implement several affirmative steps to prevent and address race-based conduct on the worksite. The monetary award will be paid to African-American applicants who were denied jobs. There was no evidence that the term or any other racial epithet was used after this meeting. After consultation among the friends, another White friend entered the store and was immediately given an application on request. They also treated him differently than non-Black employees. The settlement included a donation of $10,000 value of books or 1000 books relevant to the EEOC's mission, which will be given to a non-profit organization with an after-school program. 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. 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. 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 comments were sometimes accompanied by demeaning physical contact, such as slapping the employee in the head or shoving him, the EEOC said. The employee ultimately was fired after he complained to the company's safety manager about the harassment. Workers Win Only 1% Of Federal Civil Rights Lawsuits At Trial A federal lawsuit filed by the EEOC alleged that supervisors amd coworkers were "constantly" targeted with slurs such as "taco bell," "bean burrito" and "f____ aliens." 27, 2012). 7:14-CV-136 (M.D. Pioneer failed to stop and rectify the harassment and discrimination despite repeated complaints by the Latino / brown-skinned workers. The Agency was ordered, among other things, to place Complainant into the position or a similar position, with appropriate back pay and benefits, and pay him proven compensatory damages. 6 min read. The class of Black employees worked for C-1, Inc. Construction Company, a minority-owned subcontractor for Skanska. The EEOC ordered the placement of Complainant into the Division Secretary position, with appropriate back pay and benefits, and payment of attorney's fees and costs. In the lawsuit, EEOC alleged that Day & Zimmerman, through its foreman at the Poletti Power Plant in Astoria, Queens, N.Y., had subjected Carlos Hughes to physical and verbal racial harassment that included racial insults and derogatory stories referring to African Americans as stupid and incompetent, as well as frequently tripping Hughes, and once kicking him in the buttocks. In June 2011, a district court ruled that the EEOC could proceed with its two Title VII cases alleging race, national origin, and religion discrimination by a meatpacking firm against a class of Black Somali Muslim workers at its facilities in Greeley, Colo., and Grand Island, Neb. This evidence included a White manager's statement that if the Black recommending official hired the Black aide based on her the strength of her interview and her demonstrated ability to interact and work one-on-one with clients, "people are going to think" nonetheless that she was selected "because she was Black." According to the EEOC's suit, Hospman fired several Black employees in August 2012 after taking over management responsibility of a Fort Myers hotel. EEOC v. Dart Energy Corp., No. Because the employee feared for his safety, he resigned. This resolution settles claims that the company subjected a class of Black employees to a hostile work environment that included racist graffiti and comments, that included the N-word and "boy." The EEOC's administrative investigation found that African-American drivers were assigned to predominately Black neighborhoods and White drivers to White neighborhoods. The EEOC also had found that the company retaliated against the employee who brought the initial complaint by firing him after he reported the unlawful treatment. 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. 3 Surprising Examples of Recent Wrongful Termination Cases In March 2020, Porous Materials, a manufacturer in Ithaca, NY, must pay $93,000 in monetary relief and report any future harassment allegations directly to the EEOC to settle claims that it engaged in pervasive harassment based on race, sex and national origin, according to a recent EEOC lawsuit. EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. In November 2011, a hospital on Chicago's South Side agreed to pay $80,000 to settle a class race, sex discrimination and retaliation lawsuit filed by the EEOC. The company has also pledged, among other things, to create a termination appeal process; extend rehire offers to aggrieved individuals from the 2009-2012 growing seasons; provide transportation for American workers which is essential to viable employment in that part of the country; and limit contact between the alleged discriminating management officials and American workers. The evidence showed that a Black female employee reported escalating offensive verbal conduct and gestures by her White male coworker over a period of two months before he physically assaulted her at the Tennessee-based facility; four levels of Whirlpool's management were aware of the escalating harassment; Whirlpool failed to take effective steps to stop the harassment; and the employee suffered devastating permanent mental injuries that will prevent her from working again as a result of the assault and Whirlpool's failure to protect her. Equal Employment Opportunity Commission (EEOC) on Cardwell's behalf. The comments included repeated use of the "N-word." 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. In a 2-1 decision partially overturning a federal trial court in Louisiana, the divided panel found that EEOC established a prima facie case of "work-rule" discrimination against Kansas City Southern Railway Co. on behalf of two of the four claimants. 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. LockA locked padlock That number includes both private sector and state and local . 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. 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. The clinic also agreed to incorporate a zero-tolerance policy concerning discriminatory harassment and retaliation into its internal EEO and anti-harassment policies. In February 2011, a family owned restaurant agreed to pay $25,000 to settle an EEOC case alleging that it violated Title VII when it demoted and discharged an African-American employee because of his race, and then discharged a Caucasian employee because of her association with him. 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. EEOC settled 19 lawsuits, including the largest settlement of $20,500,000 obtained by the Phoenix District and Denver field offices. EEOC v. Day & Zimmerman NPS, Inc., No. According to the EEOC's complaint, the assistant manager subjected the Black stylist to racist slurs in two separate incidents occurring in March and April 2008. Robinson later transferred to a lower-paid sales position to avoid the sales supervisor, but the sales supervisor ultimately transferred to a position in finance where he was responsible for approving paperwork on all sales, and he refused to process any of Robinson's sales transactions, causing Robinson to resign the same month. The consent decree also requires Hillshire to implement anti-racism training and create a mechanism for employees at its existing plants to confidentially report instances of harassment, discrimination and retaliation. Robinson reported the misconduct to several managers, but rather than taking corrective action, the director of used cars joined in the harassing conduct. EEOC had alleged that the company segregated the Black employees from non-Black employees and illegally fired a class of Black employees in violation of Title VII. In September 2008, the company locked out, suspended, and ultimately fired Somali Muslim employees in Greeley who had walked outside the plant to break their Ramadan fasts, EEOC alleged. The Commission ordered the retroactive promotion of complainant, back pay, compensatory damages ($5,000), attorney's fees, and other relief. In June 2010, EEOC and an Atlanta home builder settled for $378,500 a suit alleging the company unlawfully discriminated by assigning Black sales employees to neighborhoods based on race, failing to promote African Americans or women to management, and harassing an employee who complained. The concrete finisher called the police to file charges after one co-worker groped him and another intentionally poked him with a shovel handle, the EEOC said. As has been the case in past months, most of the settlements . These cases illustrate some of the common, novel, systemic and emerging issues in the realm of race and color discrimination. The EEOC sued the company for violating the Pregnancy Discrimination Act, as the company discriminated against Rowe based on her pregnancy and related medical condition. EEOC APPELLATE CASES PENDING: 2012. In November 2014, Battaglia Distributing Corporation paid $735,000 to a group of current and former African-American employees. valuing your EEOC case and a low settlement offer Ala. Feb. 3, 2012). 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. In April 2011, the EEOC affirmed an agency's final decision because the preponderance of the evidence of record did not establish that discrimination occurred. According to OFO, the Agency investigated the claim which produced evidence in support of the allegation. When advised about the missing money by the store manager, the White cashier asserted she knew nothing about it and was permitted to leave without being searched. In June 2005, an AJ found direct evidence of retaliation and circumstantial evidence of race discrimination where the agency's managers did not act on the Black complainant's plea for mail handling assistance for many months before the complainant injured himself. The EEOC decided there was a pattern of racial discrimination at the company, and ordered Texaco to settle for $115million in cash for about 1500 minority employees. Selected List of Press Releases Announcing Litigation Filings and Resolutions in Recent Race Harassment Cases. 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 county further agreed to post notices on the matter on all bulletin boards throughout the county and to permit the disclosure of the settlement. This article will cover what to expect, and will provide a few key . The company claimed the entire case should be dismissed either because EEOC failed to join the relevant local union, which the company believed was a necessary party to the litigation, EEOC failed to conciliate the discrimination charges, and the plaintiff-intervenors failed to exhaust their administrative remedies. Specifically, Complainant was considered the best candidate by his second-level supervisor, and the record showed that Complainant was better qualified than the selectee. 1:11-cv-915 (E.D. Studies of verdicts have shown that about 10% of wrongful termination cases result in a verdict of $1 million or more. ADP in resolving the charges didn't admit it engaged in any violations of Title VII of the 1964 Civil Rights Act.. A Hispanic employee said his supervisor called him an anti-Hispanic slur and referred to him as a dumb-in-a-can in reference to his Dominican national origin. In March 2012, a northern Nevada company agreed to pay $50,000 to a Black driver to settle an EEOC lawsuit alleging racial harassment and retaliation. As such, the decision concluded that Complainant had been subjected to harassment based on her race and color. The complaint alleged that they complained to the company about racial comments that included the "N-word" made by a White employee between June and August 2012, but the harassment continued. 4:15-cv-00066 (DLH-CSM) (D.N.D. 1, 2013). 2:11-cv-01588-LRH-GWF (D. Nev. June 17, 2015). 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. Brief filed Sept. 22, 2014). 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. Konos Agrees to Pay $175,000 to Settle EEOC Sexual Harassment and Retaliation Case. The supervisor also frequently mocked the assistant's accented English, deriding it as "gibberish," and expressed hostility toward immigrants generally and Africans specifically.