In March 2020, G.N.T, Inc., doing business as GNT Foods, a grocery store located in East Point, Ga., paid $60,000 and furnished other relief to settle a racial harassment and retaliation lawsuit filed by the EEOC. I Won My EEOC Claim. Can I Negotiate the Amount Awarded? In addition to the monetary settlement, the four year consent decree contained injunctive relief: OfficeMax agreed to target additional recruitment efforts in the Sarasota/Bradenton area to reach more African American and Hispanic applicants, provide training for its management and human resource personnel in three locations in the Bradenton/Sarasota area on racial harassment and retaliation, and will report future internal discrimination complaints to the EEOC. EEOC v. Battaglia Distrib. In September 2010, the EEOC sued an Indianapolis hotel for denying employment to Black housekeeping applicants, offering lower pay and hours to Black housekeeping staff, terminating Black housekeeping staff who complained of the less favorable treatment, and destroying employment records since at least September 2, 2008 because of the hotel's preference for Hispanic workers. The EEOC will monitor compliance with the conciliation agreement. There are few ways to determine if these items could have been awarded based on merit or favoritism. The company failed to retain counsel to prosecute the lawsuit. 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 addition to the monetary relief, the consent decree settling the suit enjoins the company from terminating employees in its El Dorado central location's Inorganic Bromine Unit on the basis of race. In December 2018, Maritime Autowash (later known as Phase 2 Investments, Inc.) paid $300,000 in monetary relief and furnished equitable relief to settle an EEOC race and national origin discrimination lawsuit. 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. According to one discrimination victim: "My supervisors often referred to my fellow African-American employees and me as 'n-----rs' and 'porch monkeys' and forced us to play so-called 'Civil War games' where employees were divided into North and South. The harassment continued even after the employee reported the conduct. The manager hired a White candidate with more seniority. The lawsuit further charged that the company suspended and then fired all three employees for complaining about the harassment. 11-cv-11296 (E.D. EEOC v. Hamilton Growers, Inc., No. Customer: can someone do an EEOC case if they were discriminated against before they could work. In September 2016, Resource Employment Solutions, LLC, a temporary staffing agency, will pay $435,000 to settle a race and national origin discrimination lawsuit brought by the EEOC. 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. Further, the Commission found that the agency failed to provide a legitimate, nondiscriminatory reason for terminating complainant because the responsible management official failed to specify a standard to which complainant was compared when he determined that complainant was not performing at an acceptable level. 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, Compliance Manual Section on Race and Color Discrimination, Significant EEOC Race/Color Cases(Covering Private and Federal Sectors), http://www.hhs.gov/ocr/civilrights/activities/agreements/hurley.html, https://www.clearinghouse.net/detail.php?id=8939. The agency further alleged that FAPS refused to hire qualified African-American candidates, including by telling them that no positions were available when in fact FAPS was hiring. The comments were sometimes accompanied by demeaning physical contact, such as slapping the employee in the head or shoving him, the EEOC said. The consent decree enjoins the company from engaging in any racial discrimination or retaliation and requires the company to post a remedial notice for two years. EEOC v. Ready Mix USA d/b/a Couch Ready Mix USA LLC, No. Furthermore, the foreman, who wore a swastika on his arm, stated that he had "cut an African from the belly to the neck" and that he "likes killing blacks and Mexicans." CHICAGO - Stan Koch & Sons Trucking, Inc., a Minnesota-based transportation company, will pay $165,000 and furnish other relief to settle a retaliation case brought by the Equal Employment Opportunity Commission (EEOC), the federal agency announced today. According to the EEOC's investigation, when the dining manager complained, the customer turned on him, saying, "If you don't like it, why don't you go back to your country?" Several of the Black plaintiffs also testified about the presence of racial graffiti in the plant bearing similar messages, including "KKK everywhere," "go home sand niggers," and "Jesus suffered, so the niggers must suffer too, or Blacks must suffer, too.". The company also agreed to establish an internal complaint procedure, disseminate an anti-harassment policy, and train its workforce to prevent future harassment. Bowers v. Dep't of Transp., EEOC Appeal No. Rosebud is also required to recruit African-American applicants as well as train employees and managers about race discrimination. The supervisor also allegedly threatened Robinson, that he would "get back at" him for the "terrible things whites had done to blacks" in the past and allegedly berated him for being "too old" for the job and "washed up" in the industry. Ohio Aug. 5, 2011). 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. 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. 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 December 2009, a national grocery chain paid $8.9 million to resolve three lawsuits collectively alleging race, color, national origin and retaliation discrimination, affecting 168 former and current employees. 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. Rock-Tenn Services Co., No. In February 2020, the EEOCs Office of Federal Operation (OFO) found that the Department of Veteran Affairs engaged in race and age discrimination when it did not select a Registered Nurse (RN) at the Murfreesboro VA Medical Center facility in Tennessee for the position of Nurse Manager, Specialty Clinics. In addition to the monetary settlement, the company agreed to hire an external monitor and implement hiring goals and measures to ensure hiring transparency and diversification. In the Garcia case, a respiratory therapist reported an incident in which a co-worker sexually harassed her in the break room. The two-year consent decree also requires the farm must hold interviews at the Georgia Department of Labor at least one day a week for two weeks "before the start of each H-2A season," and provide to the EEOC upon request a list of those people they hired, including their names, phone numbers, addresses and national origin, in addition to applicants not hired and those whom they fired, including any claims of discrimination, with those same details. 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. Fla. consent decree filed Sept. 26, 2014). Scully denied all of EEOC's allegations, but it and its successor Ryder System Inc. agreed to resolve the suit. In January 2007, EEOC settled a racial harassment lawsuit against AK Steel Corporation, a Fortune 500 company, for $600,000. The consent decree enjoins the restaurant from engaging in racial discrimination and requires the chain to post a remedial notice and amend and distribute its anti-discrimination and anti-harassment policies. In addition to the damages payment, the settlement requires that the laboratory adopt a non-discrimination policy and complaint procedure and conduct anti-discrimination training for its staff. In September 2004, the Commission affirmed an AJ's finding that a Caucasian registered nurse had been subjected to racial harassment and constructive discharge. In another recent California case, Kourtney Liggins sued the Archdiocese of Los Angeles for wrongful termination related to her pregnancy. Robinson reported the misconduct to several managers, but rather than taking corrective action, the director of used cars joined in the harassing conduct. Two African-American employees also alleged they were fired because of their race and two White employees asserted they were fired for engaging in protected activity and in retaliation for associating with African-American employees. Equal Employment Opportunity Commission (EEOC) on three claims of disability discrimination against Walmart, the federal agency announced today. The two-year consent decree requires the company to strengthen its discrimination complaint procedure and develop and implement investigation procedures. Tenn. Sep. 25, 2013). Hostile Work Environment & Discrimination Settlements Erwin B. v. Dep't of Homeland Sec., EEOC Appeal No. What happens when the EEOC determines that an employer is . EEOC v. Chapman Univ., No. The company also must provide equal employment opportunity training for all of its employees and post a remedial notice. In September 2010, the EEOC filed suit against a Roanoke-based hair salon chain for allegedly firing an African American hair stylist for complaining about an assistant manager's racist comments. A lock ( The posting and training provisions of the Decree were also extended by two years. As remedies, the agency was ordered to place complainant into the Risk Management Specialist position with back pay and consideration of compensatory damages, EEO training to responsible agency officials, consideration of discipline for responsible agency officials, attorneys fees order, and posting notice. Pursuant to a three-year consent decree, the store also is required to provide training and ensure that it has appropriate anti-harassment policies in place. According to OFO, the Agency investigated the claim which produced evidence in support of the allegation. The harassment by White employees of King-Lar Co. directed at the employee included calling him "Mexican nigger," "wetback" and "nigger slave," the Commission alleged in a lawsuit filed in August 2015. The plant where the discrimination occurred had closed during the litigation period. Ga. consent decree filed 12/10/12). In its lawsuit, the EEOC asserted that the Piggly Wiggly locations owned by MWR Enterprises Inc. II violated federal law by maintaining policies and practices that intentionally failed to hire African-Americans because of their race for positions at the company's Piggly Wiggly store in Hartsville and Lafayette. Tenn. Jan. 29, 2015). The restaurant also allegedly failed to display information regarding federal anti-discrimination laws. Employees alleged that managers made offensive jokes about Muslim and Native American employees' religious practices and traditions, and used racial epithets like "n----r," "drunken Indians," "red." In this case, the EEOC alleged that a White consultant visited the car dealership three to four times a week and never missed an opportunity to make racially derogatory comments towards the Black sales manager and almost always in the presence of other people. Tex. When the employee complained, she was told to "pray about it" or "leave" by the owner; the employee resigned. The company will name an EEO officer to receive complaints of discrimination and retaliation, and starting in January 2011, and every 6 months thereafter, will report to EEOC and to defendant's vice president of national operations on complaints of discrimination and retaliation received from applicants and employees in Washington, DC, Maryland, and Virginia and the outcome. 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. 1:09-cv-4272 (N.D. Ill. consent decree filed Aug. 23, 2012). In August 2010, a judge refused to dismiss an EEOC lawsuit alleging that a freight management company hired Hispanic workers to the exclusion of equally or more qualified non-Hispanic employees for non-management positions at a Wal-Mart distribution facility in Shelby, North Carolina. Tenn. Sep. 12, 2012). Black employees alleged that the supervisors allowed the behavior to continue unchecked. According to EEOC's lawsuit, the complainant was hired as a junior account manager in the supplier's Baton Rouge, Louisiana office with an annual salary of $32,500, plus commissions. 12, 2013). EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. The lawsuit also alleged that the club retaliated against the Black dancers after one of them filed a complaint with the EEOC, allegedly by reducing their work hours and subjecting them to fines, forcing one of them to quit. 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. 15-11850 (11th Cir. Tenn. Feb. 23, 2012). The court "assume[d] for the sake of argument" that the evidence created a material factual dispute about whether AutoZone intentionally segregated its Black employee Kevin Stuckey because of his race when it transferred him out of a predominantly Hispanic-staffed store. In February 2005, EEOC settled a retaliation case against Burger King for $65,000, on behalf of a Caucasian manager who was terminated after refusing to comply with a Black customer's preference that a "White boy" not make her sandwich. 7/6/2016). Pursuant to this settlement, BBI will The settlement provides monetary relief to the class identified by the EEOC and ensures the company will take proactive measures to prevent such discrimination from occurring in the future. In its lawsuit, the EEOC charged that near Union City violated federal law by paying an African-American maintenance worker less than White counterparts and subjecting him to a hostile work environment. J.B. Hunt also reached a private settlement with the alleged discrimination victim, who filed an EEOC charge after being denied a job at J.B. Hunt's San Bernardino, Calif., facility in 2009. In the lawsuit, EEOC alleged that the company subjected a Native American employee to continuous race-based harassment, which included co-workers calling him derogatory names and making insulting jokes about Native Americans over a period of years and then fired him when he continued to complain about the mistreatment. In September 2012, the County of Kauai in Hawaii paid $120,000 to settle a federal charge of race harassment filed with the EEOC. 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. EEOC v. Wells Fargo Financial Michigan, Inc., Case No. Secure .gov websites use HTTPS The settlement agreement resolves an EEOC commissioner's charge filed against the company. The three employees worked in the supply chain department at SFI and allegedly had no performance issues before their discharges. In September 2010, EEOC filed a racial harassment lawsuit against a cell phone installation and testing company, asserting that the company violated federal anti-discrimination laws when it subjected an African-American employee to severe and repeated harassment. The court affirmed the rest of the district court's judgment. EEOC v. Bass Pro Outdoor World LLC, Case No. filed 1/17/12 - The Commission appealed a decision by the Western District of Tennessee awarding attorney's fees to Memphis Health Center after granting its motion for summary judgment in an age discrimination and retaliation case. In March 2010, the EEOC upheld an Administrative Judge's determination that a federal agency discriminated against a Black employee on the basis of race when it terminated the complainant's participation in a training program. Farm Labor Organizing Committee v. Joshua Stein. He labelled the statue "Clint." According to an EEOC lawsuit filed in September 2011 in a federal court in Pennsylvania, the executives of the cleaning company prohibited a White supervisor from hiring Black employees for a client in Concordsville, PA. 20, 2017). 1:11-cv-498 (M.D.N.C. According to the EEOC, the same supervisor hung a troll doll painted black with a Post-it affixed to the doll that read, "Clint King." But in a race . The EEOC said Maritime required Hispanic workers to perform personal tasks for the owner and managers, such as routinely assigning the female Hispanic class members to clean the houses of the owner or manager and assigning the male Hispanics to perform duties at their homes, such as landscaping, cleaning the pool, picking up dog excrement, painting or helping with moves. The EEOC further claims the owner of Porous Materials did nothing to put a stop to the harassment. 4:10-CV-002070-SWW (E.D. See. EEOC v. Shanska USA Building, Inc., No. The jury awarded Spaeth $150,000 in compensatory damages and $125,000,000 in punitive damages after deliberating for three hours following the four-day trial. According to the lawsuit, EEOC alleged from at least 1993 to the present, a White foreman repeatedly used racial slurs toward Black workers, that the company assigned Black employees to the most difficult, dirty, and least desirable jobs, that the roofing contractor systematically excluded Black employees from promotion opportunities, and that the company retaliated against those who complained. In August 2015, the EEOC won a judgment of more than $365,000 against the Bliss Cabaret strip club and its parent company this week after a Black bartender was allegedly fired based on her race. The lawsuit alleged that a Swissport manager routinely called the African fuelers "monkeys" in various degrading ways. In November 2010, a nationwide provider of engineering and janitorial services to commercial clients entered into a 4-year consent decree paying $90,000 in backpay and compensatory damages to settle the EEOC's claim that it discharged a building services engineer at a mall in Bethesda, Maryland in retaliation for complaining of race and sex discrimination. complaint filed 2006) (nearly $1 million settlement of national origin discrimination case in which 48 Thai welders paid exorbitant recruitment fees to an agency that kept them in involuntary servitude, and had their passports confiscated by employers that forced them to work without pay and threatened them with arrest if they tried to escape their slave-like, squalid conditions). In August 2009, a Pinehurst, N.C.-based support services company for condominium complexes and resorts paid $44,700 and will furnish significant remedial relief to settle a race and national origin discrimination lawsuit, alleging the company unlawfully discharged six housekeepers because of their race (African American) and national origin (non-Hispanic) and immediately replaced them with Hispanic workers. Although it ceased operations, the agency agreed to pay $200,000 to the aggrieved employees. Id. The EEOC ordered the BOP, among other things, to consider disciplinary action against the supervisor and to pay the job seeker damages. 10-CV-7399 (S.D.N.Y. Specifically, the EEOC alleged that after learning the results of the criminal background checks around July 2008, BMW 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. In addition to the monetary relief, the hotel must offer three of those employees their next available housekeeping positions and train any employees involved in the hiring process. In March 2004, the EEOC settled a hostile work environment case in which a Caucasian-looking employee, who had a White mother and Black father, was repeatedly subjected to racially offensive comments about Black people after a White coworker learned she was biracial. The decree provided $355,000 in monetary relief to approximately 75 African-American former housekeeping employees and applicants and required training, notice posting, reinstatement of three former housekeeping employees, a new hiring procedure for housekeeping employees and ordered that the defendants maintain employment-related records. Eventually, the Black employee resigned because he believed he would never be placed in the bartender position. She did so and purportedly was later told by the recruiter that Alliant wanted to hire her and that she would be contacted by the company's Human Resources Department. According to the EEOC, a parts department manager, who is White, allegedly used the "N-word" to refer to at least two Black employees and made racially derogatory comments and jokes on a near daily basis at the dealership. 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. In June 2011, a leading provider of advanced office technology and innovative document imaging products, services and software agreed to pay $125,000 and to provide substantial affirmative relief to settle a Title VII case alleging race, national origin, and retaliation claims. EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. EEOC v. NYU, No. 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. 4. The harassment in this case, in which the EEOC filed an amicus brief in support of the victims, centered on the frequent use of the term "boy" to refer to the Black male employees. The EEOC charged that the company, a New York-based real estate management company, allowed Charles Lesine and Marlin Ware to be harassed from late 2007 to November 2011 at Grandeagle Apartments, a residential complex in Greenville, South Carolina, that DHD managed. Mar. In its complaint, the EEOC alleged that the managers of the company not only knew about the harassment and took no action to stop or prevent it, but also that a manager was one of the perpetrators of the harassment.