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13.03.2018 – 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 EEOC charged that Skanska failed to properly investigate complaints from the buck hoist operators that white employees subjected them to racially offensive comments and physical assault. 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.
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1. 9The EEOC said that a noose was displayed in the worksite, that derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred.
2. 3 The company, however, altered the job’s requirements and hired the executive’s son who lacked a college degree and had scanty experience compared with the Black manager.http://softik.org/do-not-support-win-nt-earlier-version-windows-10/The Commission’s evidence included inculpatory tester evidence and expert testimony indicating that the names and voices of the Black applicants, as well as some of the organizational affiliations e. Regarding the disparate terms and conditions, the agency alleges that work start times were habitually delayed for White American and African American workers, that they were sent home early while foreign workers continued to work, and that they were subjected to production standards not imposed on foreign born workers.
3. 10 See also Resolution Agreement between the U. Comments Error posting comment. http://softik.org/goophone-i7-ewa-kuryluk/The court also entered a three-year injunction, enjoining the defendants from: In JulyEEOC filed a lawsuit against AutoZone alleging the company unjustly fired a Chicago man for refusing to be transferred because of his race.
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4. 4 The Commission affirmed the Agency’s finding of no discrimination with respect to other matters raised in the complaint.Dr web security space 7 0 1 08090 finalIn addition to the monetary award, the decree requires the company to provide ongoing anti-discrimination training to all of the company’s officers, managers, supervisors and human resources personnel; create a new anti-discrimination policy; institute new procedures for handling discrimination complaints; and file reports with the EEOC regarding compliance with the decree’s requirements.
5. 10 Bloom at BelfairNo. 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.
6. 3 The main program executable is dwservice. 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.
7. 6 The company has also pledged, among other things, to create a termination appeal process; extend rehire offers to aggrieved individuals from the 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.
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Under the E-RACE Initiative, the Commission continues to be focused on the eradication of race and color discrimination space the 21st century workplace and is seeking to retool its enforcement efforts to address contemporary forms of overt, subtle and implicit bias.
Below is an inexhaustive list of significant EEOC private or federal sector cases from to present. These cases illustrate some of the common, novel, systemic and emerging issues in the realm of race and color discrimination.
In DecemberLaquila Group Inc. 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.
The Commission also alleged that the company fired an employee web complained about the harassment. The consent decree also requires Laquila to set up a hotline for employees to report illegal discrimination, provide anti-discrimination training to its managers, adopt revised anti-discrimination policies and employee complaint procedures and report all worker harassment and retaliation complaints to the EEOC for the month duration of the agreement.
In Novemberafter an extensive five-year, complicated systemic investigation and settlement efforts, the EEOC reached an agreement with Lone Star Community College covering recruitment, hiring and mentoring of African-American and Hispanic applicants and employees.
The terms of the agreement were designed to enhance the College’s commitment to web recruitment of African-American and Hispanics and to engage in meaningful monitoring of the College’s efforts to reach its recruitment and hiring goals.
The agreement included some novel relief, such as: In its investigation, the EEOC found reasonable cause to believe that personnel at two Ford facilities in the Chicago area, the Chicago Assembly Plant and the Chicago Stamping Plant, had subjected female and African-American employees to sexual and racial harassment.
The EEOC also found that the company retaliated against employees who complained about the harassment or discrimination. 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.
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. Additionally, the restaurant will overhaul its hiring procedures and has agreed to institute practices aimed at meeting hiring targets consistent with the labor market in each of the locations in which it has facilities.
The new hiring procedures include implementation of an extensive applicant tracking system that will better enable the EEOC and the company to assess whether the company is meeting the targeted hiring levels.
The restaurant will also space an annual report to EEOC detailing the company’s efforts in complying with the agreement and its objectives over the term of the five-year agreement, including detailed hiring assessments for each facility covered by the agreement.
The chain was charged with refusing to hire African-American applicants and having managers who used racial slurs to refer to African-Americans. The monetary award will be paid to African-American applicants who were denied jobs.
Pursuant web a consent decree, the chain also agreed to hiring goals with the aim of having 11 percent of its future workforce be African American. Rosebud is also required to recruit African-American applicants as well as train employees and managers about race discrimination.
The agency also found that the company discriminated against black and Hispanic employees in the selection of space positions at the St. According to the EEOC’s complaint, Crothall used criminal background checks to make hiring decisions without making and keeping required records that disclose the impact criminal history assessments have on persons identifiable by race, sex, or ethnic group, a violation of Title VII of the Civil Rights Act of In Augusta magistrate judge reaffirmed that “African” has long been recognized as an acceptable class entitled to protection under Title VII.
The EEOC alleged that the Defendants, a health care management system and nursing home discriminated against African employees, specifically employees from Ethiopia and Sudan, when it terminated four personal care providers all on the same day, allegedly for failing to pass a newly instituted written exam.
The EEOC brought disparate impact and treatment claims based on race and national origin, and a retaliation claim for a white supervisor who stood up for the African workers and was fired several months before the test was instituted.
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 final aggrieved individuals so they could security 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.
The Magistrate Judge recommended that the motion be denied in total. In this case, the Commission alleged that the company engaged in a pattern-or-practice of race discrimination by relying on word-of-mouth hiring which resulted in a predominantly white workforce despite the substantial African-American available workforce in the Newark area.
Besides the monetary compensation, the five year consent decree requires FAPS to meet substantial hiring goals for African-Americans; give hiring priority to rejected class members who are interested in working at the company; use recruiting methods designed to increase the African-American applicant pool; and hire an EEO coordinator to ensure compliance with Title VII.
In AprilLocal 25 of the Sheet Metal Workers’ International Association and its associated apprenticeship school agreed to create a back pay fund for a group of minority sheet metal workers in partial settlement of race discrimination claims against the local union.
The trade union, which is responsible for sheet metal journeypersons in northern New Jersey, allegedly discriminated against black and Hispanic journeypersons over a multi-year period in hiring and job assignments.
An analysis of hours and wages showed African-American and Hispanic workers received fewer hours of work than their white co-workers during most of this same timeframe.
This particular agreement covers from April through December 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 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.
The settlement also requires Hillshire to designate one employee to serve as a point-of-contact for those who feel they’ve been treated improperly and to punish workers with suspensions and even termination who are found “by reasonable evidence” to have engaged in racial bias or behavior related to it.
The Hillshire Brands Co. In Octobera 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.
The judge also faulted Noble and New Indianapolis Hotels for comingling of medical records in employee personnel files. The agency also charged that the hotel paid lower wages to Black housekeepers, excluded Black housekeeping applicants on a systemic basis, and failed to maintain records required by law in violation of Title VII.
In Septemberthe judge entered a five-year consent decree resolving the EEOC’s litigation against the hotel operators. The court also enjoined the operators from race discrimination and retaliation in the future.
Defendants were also ordered to: The posting and training final of the Decree were also extended by two years. Specifically, the EEOC alleged that after learning the results of the criminal background checks around JulyBMW denied plant access to 88 logistics employees, resulting in their termination from the previous logistics provider and denial of hire by the new logistics services provider for work at BMW.
Of those 88 employees, 70 were Black. Some of the logistics employees had been employed at BMW for several years, working for the various logistics services providers utilized by BMW since the opening of the plant in Under the terms of a consent decree signed by Judge Henry M.
Herlong of the U. In addition to the monetary relief, the company will provide each claimant who wishes to return to the facility an opportunity to apply for a logistics position.
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. BMW has implemented a new criminal background check policy and will continue to operate under that policy throughout the three-year term of the decree.
The company is expressly enjoined from “utilizing the criminal background check guidelines” challenged by the EEOC in its lawsuit, the decree states. The agreement also imposes on BMW notice-posting, training, record-keeping, reporting and other requirements.
In AugustTarget Corp. Three assessments used by Target disproportionately screened out female and racial minority applicants, and a separate psychological assessment was a pre-employment medical examination that violated the Americans with Disabilities Act, the EEOC had charged.
Target also violated Title VII of the Civil Rights Act by failing to maintain the records sufficient to gauge the impact of its hiring procedures. Under the three-year conciliation agreement, reached before any lawsuit was filed, Target has discontinued the use of the tests and made changes to its applicant tracking system, the EEOC said.
About 4, unsuccessful applicants affected by the alleged discriminatory tests now are eligible to file claims for monetary relief. According to a complaint filed by the EEOC the same day final the proposed decree, Patterson-UTI had engaged in patterns or practices of hostile work environment harassment, disparate treatment discrimination and retaliation against Hispanic, Latino, Black, American Indian, Asian, Pacific Islander and other minority workers at its facilities in Colorado and other states.
Under the proposed four-year consent decree, the drilling company also will create a new vice president position to be filled by a “qualified EEO professional” who will facilitate, monitor and report on the company’s compliance with certain training, management evaluation, minority outreach, and other remedial measures.
According to the EEOC’s suit, Skanska violated federal law by allowing workers to subject a class of Black employees who were working as buck hoist operators to racial harassment, and by firing them for complaining to Skanska about the misconduct.
Skanska served as the general contractor on the Methodist Le Bonheur Children’s Hospital in Memphis, where the incidents in this lawsuit took place. The class of Black employees worked for C-1, Inc.
Construction Company, a minority-owned subcontractor for Skanska. Skanska awarded a subcontract to C-1 to provide buck hoist operations for the construction site and thereafter supervised all C-1 employees while at the work site.
The EEOC charged that Skanska failed to properly investigate complaints from the buck hoist operators that white employees subjected them to racially offensive comments and physical assault.
The EEOC’s lawsuit charged that the staffing firms had discriminated against four Black temporary employees and a class of Black and non-Hispanic job applicants by failing to place or refer them for employment.
The four temporary employees said while seeking employment through 08090 company’s Memphis area facilities, they witnessed Hispanic applicants getting preferential treatment in hiring and placement.
Employees of these racial groups on company rigs regularly heard racist terms and demeaning remarks about green cards and deportation, the EEOC complaint said. Several individuals complained to management, but their complaints were minimized or ignored, the complaint alleged.
For example, an area supervisor responded to employee complaints by telling the complainants they could quit or by saying that he was sick of everyone coming to him and that everyone simply needed to do their jobs.
In addition, the complaint stated that several men were demoted or fired after taking their complaints of discrimination to the Wyoming Department of Workforce Services’ Labor Standards Division.
In Novembera Rockville, Md. Under a three-year consent decree signed Nov. Grimm of the U. 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.
ACM also subjected the two charging parties to harassment based on sex, national origin and race, and it retaliated against them for opposing the mistreatment-and against one of them based on her association with Black people-by firing security, the commission alleged.
In addition to the monetary relief, the decree requires the company to set numerical hiring goals for its field laborer positions, recruit Black and female applicants via print and Internet advertisements and report to the EEOC regarding its attainment of the numerical hiring goals and other settlement terms.
In this case, the EEOC alleged that the Battaglia tolerated an egregious race-based hostile work environment, requiring African-American dock workers to endure harassment that included racial slurs including the “N” word.
Among other relief provided under the decree, Battaglia 08090 will provide its managers with training on Title VII and report regularly to the EEOC on any complaints it has received, as well as provide other data to demonstrate that it has not retaliated against any of the participants in the litigation.
According to the EEOC’s suit, Black employees were subjected to racial slurs and other racially offensive comments by their White supervisor, at U-Haul’s Memphis facility.
The EEOC’s complaint charged that the supervisor regularly referred to Black employees with the “N” word and other derogatory slurs. The suit further alleged that the company engaged in retaliation by firing one employee when he complained of racial harassment to the company president.
Under the two-year consent decree, U-Haul Company of Tennessee must maintain an anti-discrimination policy prohibiting race discrimination, racial harassment, and retaliation, and provide mandatory training to all employees regarding the policy.
Additionally, the marketing company president will receive training on race discrimination and on obligations to report race discrimination, racial harassment, and retaliation.
Finally, the company will provide written reports to the EEOC regarding any race discrimination or racial harassment complaints by employees. The consent decree also requires River View to refrain from any future racial discrimination in its hiring procedures.
Black employees alleged that the supervisors allowed the behavior to continue unchecked. The consent decree permanently enjoins the company from discriminating against employees on the basis of race and requires the company to enact a graffiti abatement policy and undergo annual reviews of its compliance for two years EEOC v.
According to the EEOC’s lawsuit, 51 African American applicants sought work with Caldwell Freight and none was hired even though many had previous dock experience and were qualified for the positions.
An EEOC investigation revealed that the company hired no Black dock workers during the period studied and that one high-level manager allegedly said he “didn’t want any [B]lacks on the dock.
Caldwell Freight Lines, Case No. 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.
When some employees complained, the supervisor allegedly replied the noose was “no big deal” and that workers who complained were “too sensitive. In a judgment entered Oct.
Because trial evidence also showed that 08090 Foundries lacked effective internal procedures to handle discrimination complaints, it must conduct at least one hour of equal employment opportunity training for all employees within 60 days of the court’s Oct.
The company must distribute copies of its revised written anti-harassment policy to all current and future employees and post the policy in the break room of its San Antonio security facility.
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The EEOC alleged the retaliation was so severe that one of the entertainers was forced to leave her employment. Which OS releases does it run on? According to the lawsuit, when the students met with the store manager, he briefly reviewed their applications and told them they were “not what he was looking for. The use of arrest and conviction records to deny employment can be illegal under Title VII of the Civil Rights Act ofwhen it is not relevant for the job, because it can limit the employment opportunities of applicants or workers based on their race or ethnicity. Consequently, despite promising the Black applicant he would be hired for a warehouse position, the company hired a less qualified White applicant. The comments included repeated use of the “N-word.
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Protection against viruses that use rootkit-technology Improved! When the mechanic reported this behavior to management, the supervisor retaliated against him and Taylor Shellfish simply advised him to “put his head down and do what he was told.
Under the consent decree resolving this case, Taylor Shellfish has agreed to implement new policies, conduct extensive training for employees and management, post an anti-discrimination notice at the workplace and report compliance to the EEOC for a three-year period.
Taylor Shellfish Company, Inc. In July , the Fourth Circuit reversed summary judgment in an employment discrimination case alleging race, national origin, religion, and pregnancy discrimination, hostile work environment, and retaliation in violation of Title VII and 42 U.
During her work tenure, Washenko made several derogatory comments about Morrocans, Muslims and Middle Easterns, often referring to them as “terrorists” and “crooks. By failing to address numerous comments that were open to a racially motivated interpretation, and by circumscribing its analysis to just one comment without reviewing the totality of the circumstances, the district court committed reversible error in its grant of summary judgment for Fairview on the discrimination and hostile work environment claims.
The Fourth Circuit also decided that discriminatory discrete acts could support a hostile work environment claim even if it is separately actionable. According to the EEOC’s complaint, a Black powder coater at the Bishopville plant was repeatedly subjected to racial slurs by two White employees.
The comments included repeated use of the “N-word. Within hours of his final complaint, the coater was fired, allegedly in retaliation for his complaints of racial harassment.
The consent decree enjoins Carolina Metal from engaging in future racial discrimination. The decree also requires the company to conduct anti-discrimination training at its Bishopville facility; post a notice about the settlement at that facility; implement a formal anti-discriminatory policy prohibiting racial discrimination; and report certain complaints of conduct that could constitute discrimination under Title VII to the EEOC for monitoring.
In December , Swissport Fueling, Inc. The lawsuit alleged that a Swissport manager routinely called the African fuelers “monkeys” in various degrading ways. A manager also made demeaning references to slavery to the fuelers, such as telling them: A long time ago Blacks were doing this for free”; “At one time, you people would not be paid”; and “Blacks work for free.
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 , but the harassment continued. 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.
Carolina Mattress Guild Inc. According to the EEOC’s suit, Titan’s highest-level managers subjected its sole Black driver, Michael Brooks, to discriminatory treatment during his employment, including assigning White drivers more favorable routes, requiring Brooks to perform degrading and unsafe work assignments.
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. 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.
As a result, a default judgment was entered by U. Titan Waste Services, Inc. In March , Olympia Construction, Inc. The EEOC alleged that the distributor’s supervisors, including the Black employee’s supervisor, used that restroom, yet the racist message remained for 30 days after he complained.
In addition to the monetary relief, the consent decree requires the company will repaint the restrooms and train employees on race discrimination within 45 days.
Iowa consent decree granted June 24, According to the EEOC’s suit, an African-American employee of Torqued-Up assigned to a field crew in South Texas experienced racial harassment in the form of racial slurs and epithets from two employees who supervised him on the job.
According to the EEOC, the employee, who had 30 years of experience in the oil industry, reported the racial harassment to Torqued-Up’s management, but instead of putting a stop to it, the company unlawfully retaliated against him.
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.
Torqued-Up Energy Services, Inc. The EEOC filed suit against the company in September , charging that the company subjected Antonio and Joby Bratcher and a class of African-American employees to racial harassment and retaliation.
In a ruling last year, Judge Dale A. Kimball found that the Bratchers and class member James Buie were subjected to an objectively hostile work environment based on race. The court observed that the site superintendent, Paul E.
Facer, referred to the African-American employees as “nrs” or a variation of that word almost every time he spoke to them. Other Holmes employees used the term “nr-rigging” while working there, and racist graffiti was evident both inside and outside portable toilets on the work site.
In addition to the monetary relief, Holmes also committed to implement several affirmative steps to prevent and address race-based conduct on the worksite. Utah consent decree filed Apr.
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 abuse lasted for two months and escalated when the co-worker physically assaulted the Black employee and inflicted serious permanent injuries. During a four-day bench trial, the court heard evidence that the employee repeatedly reported offensive verbal conduct and gestures by the co-worker to Whirlpool management before she was violently assaulted, without any corrective action by the company.
The trial also established that the employee suffered devastating permanent mental injuries that will prevent her from working again as a result of the assault. Whirlpool filed a motion to alter or amend the judgment on January 15, which the district court denied on March 31, On April 26, , Whirlpool appealed the judgment to the U.
Court of Appeals for the Sixth Circuit. The plant where the discrimination occurred had closed during the litigation period. June 12, granting joint motion to dismiss. A noose was displayed in the worksite, derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred.
Ready Mix denies that racial harassment occurred at its worksites. The two-year decree enjoins Ready Mix from engaging in further racial harassment or retaliation and requires that the company conduct EEO training.
Ready Mix will be required to modify its policies to ensure that racial harassment is prohibited and a system for investigation of complaints is in place. The company must also report certain complaints of harassment or retaliation to the EEOC for monitoring.
The jury also found that one employee was fired in retaliation for complaining about the hostile environment. In a complaint filed in June , EEOC alleged that, from at least May through June , 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.
Evidence also revealed that A. Widenhouse’s general manager and the employee’s supervisor also regularly made racial comments and used racial slurs, such as asking him if he would be the coon in a “coon hunt” and alerting him that if one of his daughters brought home a Black man, he would kill them both.
The employee also frequently heard other co-workers use racial slurs such as “nigger” and “monkey” over the radio when communicating with each other. The second Black employee testified that, when he was hired in , he was the company’s only African American and was told he was the “token black.
Both employees reported the racial harassment, but company supervisors and officers failed to address the hostile work environment. In January , 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.
Emmert’s foreman and employees regularly used the “n-word,” called the Black employee “boy,” called the White employee a “n lover,” and made racial jokes and comments.
The decree also requires Emmert International to post notices explaining federal laws against workplace discrimination. 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.
The court said the undisputed evidence also indicated that human resources manager told the company’s employees during a safety meeting not to “nigger rig their jobs”; that company management was aware the worksite’s portable toilets were covered with racist graffiti; and that other White supervisors and employees routinely used racial epithets, including an incident where a White supervisor commented regarding rap music being played in a van transporting employees to the worksite, “I’m not listening to this nigger jig.
But I see you as a black man. In March , 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.
A Black employee to complained and then was fired. Northern Star Hospitality Inc. The EEOC said that a noose was displayed in the worksite, that derogatory racial language, including references to the Ku Klux Klan, was used by a direct supervisor and manager and that race-based name calling occurred.
The two-year decree also enjoins Ready Mix from engaging in further racial harassment or retaliation and requires that the company conduct EEO training. In August , a federal district court entered a default judgment in favor of the EEOC in its lawsuit alleging that a pipeline construction company permitted several African American employees to be subjected to hanging nooses in the workplace even after they complained about the offensive displays.
The company failed to retain counsel to prosecute the lawsuit. The court also enjoined the company from discriminating on the basis of race or protected conduct in violation of Title VII.
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. The two employees complained to management but the harassment allegedly continued.
According to the EEOC complaint, two employees at one of the company’s North Carolina salons were allegedly fired for opposing what they reasonably believed was an unlawful employment practice.
They alleged a soon-to-be salon manager told them that she did not want African-Americans working in the salon. The two employees then told an African-American candidate for an open position at the salon they believed the manager would not hire her due to her race.
The company then purportedly fired the two employees, stating they had lied. The two year consent decree requires Regis to report the action it takes in response to any employee’s complaint about discrimination and to post a notice to employees concerning their rights under federal, anti-discrimination laws.
The lawsuit alleged that since November , a White manager harassed the worker of Filipino heritage by directing racial slurs “non-white mfr,” “non-white guy,” “spic,” “nr,” “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.
No supervisor made any attempt to stop the abuse. The employee ultimately was fired after he complained to the company’s safety manager about the harassment. The Commission lawsuit charged that Izza’s manager instructed Peltonen not to hire the Black employee, who was working as a temporary employee, to a permanent position, and told her to get rid of him because of his race.
The display included a dollar bill with a noose around George Washington’s neck and drawings of a man on horseback and a hooded figure with “KKK” written on his hood. The district court decided that the companies were a single employer.
The court also entered a three-year injunction, enjoining the defendants from: 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.
The court also held that the new entity operating as a Denny’s franchise was liable as a successor. Northern Star Hospitality, Inc. 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.
In addition to the monetary settlement, the four year consent decree contained injunctive relief: The EEOC’s suit alleged that the company excluded Black applicants for jobs at the company’s Little Rock location based upon their race.
The EEOC also alleged that the company retaliated against other employees and former employees for opposing or testifying about the race discrimination, by demoting and forcing one out of her job and by suing others in state court.
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.
Bankers Asset Management, Inc. In its complaint, the EEOC said the driver was subjected to racial slurs by a supervisor and taunts by White employees. In one instance, the EEOC says a co-worker flaunted a swastika tattoo and talked about keeping the White race “pure.
In March , a Warren, Mich. The EEOC had charged that the company unlawfully retaliated against an employee for objecting to race discrimination. In its lawsuit, the EEOC said that Atsalis retaliated against a journeyman painter, who complained about the use of the “N-word” by his foreman, by not bringing him back to work for the work season.
In addition to the monetary award, the decree requires the company to provide ongoing anti-discrimination training to all of the company’s officers, managers, supervisors and human resources personnel; create a new anti-discrimination policy; institute new procedures for handling discrimination complaints; and file reports with the EEOC regarding compliance with the decree’s requirements.
The EEOC charged that Hospman’s former chief executive officer ordered the housekeeping supervisor to terminate all of the housekeepers – all but one of whom were Black – because he did not work with “those kind of people.
The only black front desk attendant also was terminated, while other non-Black front desk workers were allowed to continue their employment. 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.
The EEOC charged SFI, a fabricator and supplier of heavy-gauge steel and value-added products, with discharging three black employees on the same day because of their race. The three employees worked in the supply chain department at SFI and allegedly had no performance issues before their discharges.
The agency alleges these actions were motivated by race. In addition to monetary relief, the company must provide race discrimination training to all employees.
The EEOC charged that the director’s firing followed the termination of other African-American managers at the facility and was part of a company plan to eliminate African-Americans from management.
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. Bloom at Belfair , No. The EEOC filed an amicus brief in the case on behalf of the pro se plaintiff, a year old white female front desk clerk, who repeatedly had been told she was “too old” and “the wrong color” by the hotel general manager who terminated her.
The Commission argued that, contrary to the district court’s requirement that the plaintiff needed to identify comparators or a replacement to establish a prima facie case, the discriminatory comments were direct evidence of animus and sufficient to establish a prima facie case of discrimination as well as raise triable issues of pretext sufficient to overcome summary judgment.
The Eleventh Circuit essentially agreed and concluded that the discriminatory comments constituted circumstantial evidence of discrimination sufficient to defeat summary judgment.
In its lawsuit, the EEOC said the Clearwater strip club and its successor corporation, Executive Gentlemen’s Club, fired a bartender because its owner said he didn’t want a Black bartender working at the club.
The EEOC claimed that former manager who hired her, was suspended and then fired after he refused to comply with the owner’s request. The awarded relief included punitive damages, compensatory damages, back pay, interest and tax-penalty offsets.
Chapman University, a private university in Orange, Calif. The EEOC contended that Dellande was denied both tenure and promotion to associate professor in because she is African-American, despite strong recommendations in her favor by many professional peers.
The university discharged her in June upon a denial of her tenure appeal. 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.
In September , a Rosemont, Ill. 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.
Specifically, the EEOC said, the company discharged the black employee after he failed to stop a Caucasian driver who reported to work under the influence of alcohol from making deliveries on his route.
US Foods did not terminate the Caucasian driver for being under the influence, or another Caucasian safety specialist who saw the driver at the first stop on his route. Instead, the company discharged the white driver later for an unrelated matter.
In April , 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 Court also took issue with KCSR’s failure to document the reasons for the terminations and inability to identify the decisionmaker. In addition to monetary relief, the four-year consent decree required Pioneer Hotel must hire a consultant to help implement policies, procedures and training for all workers to prevent discrimination, harassment and retaliation.
The company also will receive additional training on its responsibilities under Title VII, will have to immediately report complaints to the human resources department, and must create a centralized system to track complaints.
In June , Pioneer Hotel, Inc. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers.
Pioneer entered into a four-year consent decree that prohibits Pioneer from creating, facilitating or permitting a hostile work environment for employees who are Latino or darker-skinned. 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.
Pioneer management will receive additional training on its responsibilities under Title VII; be required to immediately report complaints to the human resources department; create a centralized system to track complaints; and be held accountable for failing to take appropriate action.
Notice of consent decree will be visibly posted at the hotel. In March , a Fairfax County, Va. According to the EEOC’s suit, an estimator and assistant project manager was subjected to derogatory comments from his supervisors, project manager and the company’s owner on the basis of his national origin Pakistani , religion Islam , and color brown.
The lawsuit indicated that the comments occurred almost daily and included things like telling the estimator he was the same color as human feces. The lawsuit also alleged that the estimator was told that his religion Islam , was “fing backwards,” and “fing crazy,” and was asked why Muslims are such “monkeys.
In April , the EEOC found that the transportation department engaged in race and color discrimination when it failed to select the Complainant, the Acting Division Secretary, for the position of Division Secretary.
The EEOC found the Agency’s explanation to be “so fraught with contradiction as not to be credible,” and thus, a pretext for discrimination. 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 June , 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.
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. The manager allegedly made continually disparaging comments to the former attorney, saying that she needed to assimilate more into the local culture and break up with her boyfriend at the time, also White, in favor of a local boy.
Following the determination, the County of Kauai entered into an over two-year conciliation agreement with the EEOC and the alleged victim. Aside from the monetary relief, the county agreed to establish policies and complaint procedures dealing with discrimination and harassment in the workplace and to provide live EEO training to all managers and supervisors.
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. Following a hearing, the AJ found that the U.
Department of Agriculture Agency discriminated against Complainant on the bases of race and age when it did not select him for a Contracting Officer position.
The AJ determined that Complainant’s qualifications were plainly superior to the Selectee’s qualifications in that Complainant had more years of contracting experience, had contracting experience involving more complex matters and higher monetary amounts, and had more years of supervisory experience.
The AJ also found that the Selecting Official’s testimony about the Selectee’s qualifications was not credible and was not supported by the documentation in the record.
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.
While the Agency asserted that the Selecting Official’s selection history precluded a finding of discrimination, the Commission stated that selection history is not controlling, and the AJ reasonably relied upon Complainant’s prior performance appraisal as an indicator of his performance.
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.
The loan processor applied for a promotion but was passed over for five lesser qualified Caucasian women aged between 23 and 30 who were based in various other branch offices, even though the processor had the best combination of relevant, objective scores that measured productivity, was “loan processor of the year” for , the year immediately preceding the promotion decision, worked at the one of the largest and most profitable offices in the relevant district, and was the “go-to person” for the district on loan processing.
Wells Fargo Financial Michigan, Inc. According to the EEOC lawsuit, an over 40, African-American female employee who worked in loss prevention at several Sears stores in the Oklahoma City area, from until her termination in March of , was passed over for promotion to supervisor several times beginning in in favor of younger, less experienced, White males.
Sears allegedly retaliated against Johnson for her initial EEOC discrimination charge in September by subjecting her to worsening terms and conditions at work. The harassment by White employees of King-Lar Co.
Under a 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.
King-Lar’s policies and training materials also must reference the name and contact information for the designated employee as well as an number and website that employees can use to make anonymous complaints.
The company also agreed to fulfill notice-posting, training, and reporting requirements. In December , an agricultural farm in Norman Park, Ga. 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.
Hamilton Growers will also implement non-discriminatory hiring measures, which include targeted recruitment and advertising, appointment of a compliance official, and training for positive equal employment opportunity management practices.
The company has also pledged, among other things, to create a termination appeal process; extend rehire offers to aggrieved individuals from the 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.
Pursuant to a three-year consent decree, the university also will improve and implement university-wide enhanced policies and complaint procedures; designate an EEO coordinator to monitor NYU’s compliance with federal anti-discrimination laws; conduct in-person, comprehensive EEO training sessions for employees, supervisors, and HR staff; and maintain records of its responses to future employee complaints of discrimination, harassment, and retaliation.
The EEOC’s lawsuit asserted that a non-Rastafarian security officer threatened to shoot a group of Rastafarian officers. When the Rastafarians complained, a white security supervisor made light of the physical threat and implied the Rastafarians were at fault.
One Rastafarian security officer objected to the supervisor’s reaction and complained that he heard the supervisor had referred to the Rastafarians by the “N-word. The EEOC had previously sued the developer for failing to accommodate the religious beliefs of four Rastafarian employees who needed modifications to its dress code.
That lawsuit was resolved by a consent decree which prohibited Grand Central Partnership from retaliating against Rastafarian security officers for their participation in the lawsuit, but the developer’s current conduct constituted a breach of the earlier consent decree.
In addition to the monetary relief, the new consent decree requires the developer to conduct extensive training on investigating discrimination complaints, including methods for proper documentation and unbiased assessment of witness credibility.
The decree also requires developer to regularly report to EEOC about any further complaints of religious discrimination or retaliation. Grand Central Partnership, Inc. In June , 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.
The Commission instead found that summary judgment in favor of Complainant was appropriate. The Selecting Official stated that she did not select Complainant for the position because Complainant did not demonstrate experience relevant to the job description, while the Selectee did demonstrate relevant experience and received the highest interview score.
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 addition, one of the individuals on the interview panel stated that the Selectee was not completely qualified for the position. The Agency also appeared to have violated its Merit Promotion Plan by having a lower-level employee participate in the interview panel.
Therefore, the Commission found that Complainant established that the Agency’s stated reasons for her non-selection were a pretext for race and sex discrimination. The Agency was ordered, among other things, to offer Complainant the position or a substantially similar position, and pay her appropriate back pay, interest, and benefits.
In January , Gonnella Baking Co. According to the EEOC’s complaint, Gonnella violated federal law by allegedly failing to respond adequately to a Black employee’s complaints that he endured a pervasive pattern of disparaging racial comments made by his co-workers.
Examples of the harassing conduct included persistent coded references to black employees as “you people,” as well as offensive statements such as, “Black people are lazy,” and “I better watch my wallet around you.
In July , Area Temps, Inc. The EEOC said that Area Temps used code words to describe its clients and applicants for discriminatory purposes, such as “chocolate cupcake” for young African American women, “hockey player” for young White males, “figure skater” for White females, “basketball player” for Black males, and “small hands” for women in general.
Area Temps , No. Ohio consent decree filed July 21, Trans Bay Steel, Inc. Skip top navigation Skip to content. In December , 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.
Roadway also assigned Chicago Heights employees to segregated work groups. In addition to prohibiting race discrimination and retaliation against Black employees at YRC’s Chicago Heights facility, the decree also requires YRC to provide all Chicago Heights employees annual training on racial harassment and race discrimination and engage a Work Assignment Consultant and a Disciplinary Practice Consultant to assist it in reviewing and revising the company’s work assignment and disciplinary policies and practices at the Chicago facility.
In pertinent part, the EEOC alleged that Black employees at AFP were subjected to intimidation, ridicule, insults, racially offensive comments and jokes, and cartoons and images that denigrated African-Americans.
White employees and managers regularly emailed racially derogatory jokes, cartoons, and other materials to coworkers, and posted racially offensive photographs on the bulletin board outside the human resources office.
They also engaged in threatening and intimidating conduct toward Black employees, such as tampering with the brake lines and air hoses of one CP’s truck. The 2-year consent decree also enjoins race and sex male discrimination under Title VII, as well as retaliation.
Defendant will file annual audit reports with the EEOC summarizing each complaint of race or sex male discrimination, or retaliation, it receives at its Pfluggerville, Texas location and its disposition.
Austin Foam Plastics, Inc. 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 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.
Other African-American employees were subjected to racial harassment, such as a White supervisor placing a hangman’s noose on a piece of machinery. According to the lawsuit, EEOC alleged from at least 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.
Additionally, nooses were displayed and portable toilets featured racially offensive graffiti with swastikas and “KKK” references at the job sites, EEOC alleged. Although it admitted no wrongdoing and said that it settled the case for financial reasons, the company agreed to hire an equal employment opportunity coordinator to provide employee EEO training, monitor future race discrimination complaints, and file periodic reports with EEOC regarding hiring, layoffs, and promotions.
According to the lawsuits, minority employees were repeatedly subjected to derogatory comments and graffiti. Blacks were termed “ns” and Hispanics termed “ss;” offensive graffiti in the men’s restroom, which included racial and ethnic slurs, depictions of lynchings, swastikas, and White supremacist and anti-immigrant statements, was so offensive that several employees would relieve themselves outside the building or go home at lunchtime rather than use the restroom.
Black and Hispanic employees also were allegedly given harder work assignments and were more frequently and severely disciplined than their Caucasian co-workers. 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 three-year consent decree also prohibits the company from engaging in future discrimination and retaliation; requires that it implement a policy against race discrimination and retaliation, as well as a procedure for handling complaints of race discrimination and retaliation; mandates that the company provide training to employees regarding race discrimination and retaliation; and requires the company to provide periodic reports to the EEOC regarding layoffs and complaints of discrimination and retaliation.
The three-year consent decree also requires the company, which has stores in Arkansas, Missouri, and Mississippi, to train all managers and supervisors on preventing race discrimination and retaliation; create job descriptions for manager and assistant manager positions that outline the qualifications for each position; develop a written promotion policy that will include the procedures by which employees will be notified of promotional opportunities; report assistant manager and manager vacancies, the name and race of all applicants for the position, and the name of the successful candidate; report the names of all African Americans who are either hired or promoted to manager or assistant manager positions; and report any complaints of race discrimination and describe its investigation in response to the complaint.
According to the lawsuit, a class of African American employees had been subjected to race discrimination, racial harassment, and retaliation for complaining about the misconduct.
The company agreed to conduct EEO training and refrain from future acts of discrimination and retaliation. The harassment included a life size noose made of heavy rope hung from a beam in a class member’s work area for at least 10 days before it was removed; the regular use of the “N-word”; racially offensive comments made to Black individuals, including “I think everybody should own one” and “Black people are no good and you can’t trust them” and “Black people can’t read or write.
The aggrieved employees alleged that they were restricted to “back of the house” positions such as busboys and runners and refused promotions to “front of the house” positions such as captains, which instead went to Caucasian workers with less experience and seniority.
They also alleged that they were subjected to racial insults and harassment when they complained. Though the company hired 52 of its predecessor’s former employees, none of them were Black.
EEOC charged that many of the White employees hired had significantly less experience than the Black former employees represented by the EEOC, and in some cases had actually been trained by the same African American employees who were denied hire.
The suit also included other Black applicants who were denied hire in favor of less qualified White applicants. Michigan Seamless Tube , No. Woodward Governor Company, No. The complaint also alleged that defendant failed to retain employment applications.
The 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.
C MEJ N. The hotel also agreed to conduct antidiscrimination training and implement procedures to investigate discrimination complaints. According to the EEOC lawsuit, after a day at the beach with her Caucasian friends, the teen was asked if she would request an application on her friend’s behalf since the friend was a little disheveled in appearance.
The owner refused to give the teen an application and told her the store was not hiring anymore despite the presence of a “Help Wanted” sign in the window. After consultation among the friends, another White friend entered the store and was immediately given an application on request.
In December , EEOC resolved this Title VII lawsuit alleging that a fast food conglomerate subjected a Black female employee and other non-White restaurant staff members some of them minors to a hostile work environment based on race.
The racial harassment included a male shift leader’s frequent use of “nigger” and his exhortations that Whites were a superior race. Although the assistant manager received a letter signed by eight employees complaining about the shift leader’s conduct, the shift leader was exonerated and the Black female employee who complained was fired.
Carl Karcher Enterprises, Inc. Harassment of the teen included calling him a “Black [S. Thyssenkrupp Elevator Manufacturing, Inc. The supervisor was the father of the company’s president and he insisted that the “n-word” is Latin for “Black person.
Midwest Rack Manufacturing, Inc. According to the lawsuit, when the students met with the store manager, he briefly reviewed their applications and told them they were “not what he was looking for.
After one of the women complained, her hours were cut and she was eventually terminated. The other employee was forced to resign. Planet Wings of Rockland, Inc. In March , 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 December , 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.
The lawsuit seeks back pay, compensatory and punitive damages, instatement or reinstatement as well as an injunction against future discrimination and retaliation. The EEOC had alleged that the provider had recruited through media directed at Eastern European immigrants and Hispanics and hired people from those groups over African Americans, and that the provider’s use of subjective decisionmaking had a disparate impact on African Americans.
As part of the decree, the provider also agreed to extensive changes in its employment policies, to engage in “active recruitment” of African American employees, to hire previously rejected Black applicants, to implement training on discrimination and retaliation, and to hire an outside monitor to review compliance with the decree.
In June , 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.
EEOC also can proceed with efforts to secure an injunction against future enforcement of the Navajo hiring preference, the court added. Should a court find a Title VII violation and issue such an injunction, Peabody and the Navajo Nation could file a third-party complaint against the Interior Secretary under Rule 14 a to prevent the Secretary from seeking to enforce the lease provisions or cancel the leases, it said.
She was the only African American among four candidates, and according to the EEOC, had met or exceeded all requirements for the job, had received highly favorable comments as she progressed through defendant’s interview process, which included multiple in-person and telephone interviews with high level managers, as well as an in-person assessment by a third party on matters such as personality and aptitude.
Additionally, at the conclusion of her final interview, defendant’s managing director allegedly told the Black applicant she was “obviously qualified for the position. The 2-year consent decree also enjoins the firm from making hiring decisions based on race and prohibits retaliation.
In March , a manufacturer and distributor of foodservice equipment has offered permanent employment to an African American applicant and furnished other relief to resolve a race discrimination lawsuit alleging that the company refused to hire the Black applicant into a permanent position at its Fayetteville, Tenn.
EEOC had alleged that the store chain refused to hire qualified Black job applicants for sales, truck driver and other positions in its retail or warehouse facilities for reasons that were not applied to successful White applicants.
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.
Von Maur , No. The company was accused of discriminating on the basis of race when it hired the son of a selecting official rather than a veteran African American manager, to serve as the company’s marketing company president.
The company, however, altered the job’s requirements and hired the executive’s son who lacked a college degree and had scanty experience compared with the Black manager. The manager complained and the company disciplined and fired him.
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.
In a deposition, the former acting store manager of the West Orange store gave sworn testimony that she had a telephone conversation with the district manager after the applicant had applied, and the district manager “told [me] she didn’t want another Black person working in the store.
The AJ sanctioned the agency for failing to timely investigate the complaint. Relief included retroactive promotion, back pay and a tailored order to allow complainant to submit her request for fees incurred solely for the successful prosecution of the appeal.
In January , 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.
The manager who recommended the selectee, ignored complainant’s qualifications and was reported to have previously told another African-American applicant that his “Black ass would never become a special agent.
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.
In August , a federal appellate court in Illinois reversed a negative trial court ruling and decided that the EEOC had produced sufficient evidence to proceed to trial in its race discrimination case against Target Corporation, a major retailer.
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 Commission’s evidence included inculpatory tester evidence and expert testimony indicating that the names and voices of the Black applicants, as well as some of the organizational affiliations e.
Alpha Kappa Alpha Sorority, Inc. Target Corporation , F. In December , a company which provides in-home care certified nursing assistants CNAs and non-CNAs to seniors in Anne Arundel County and Howard County, Maryland agreed to settle claims alleging that it discriminated based on race in assigning caregivers.
According to the EEOC’s lawsuit, the company coded the preferences of clients who requested White caregivers, and made assignments based on the preferences. For example, “circle dots” referred to the clients that preferred Caucasian caregivers.
The facility claimed that it ceased the coding practice in , but admitted that it continued to take client racial preferences into account in making caregiver assignments.
The decree enjoins the company from racial coding and prohibits race-based caregiver assignments. The injunction survives the decree. Where a client indicates a preference not to have a caregiver of a certain race, and there is a risk that the client will become violent, the facility will notify the caregiver, who can choose to refuse the assignment.
The company also will provide 2 hours of training annually to recruiters and HR personnel on Title VII, with a special emphasis on the discriminatory assignment of caregivers based on the racial preferences of clients.
In July , Plaintiff Brenda Chaney and the EEOC as amicus curiae obtained a reversal of a summary judgment in favor of an employer in a Title VII case that “pit[ted] a [Black] health-care worker’s right to a non-discriminatory workplace against a patient’s demand for [W]hite-only health-care providers.
