The court affirmed the rest of the district court's judgment. EEOC v. Hospman, LLC , Case No. The 2-year consent decree prohibits the company from engaging in sex and race discrimination and retaliation at the three stores. Below is an inexhaustive list of significant EEOC private or federal sector cases from 2003 to present. In September 2010, the EEOC filed a lawsuit against a Union City, Tenn., pork company, alleging that the company engaged in race discrimination by paying an African-American maintenance worker less than non-Black employees, subjecting him to a hostile work environment, and forcing him out of his job. The company must also report certain complaints of harassment or retaliation to the EEOC for monitoring. In February 2004, the Commission settled a racial and sexual harassment lawsuit for $67,000 plus injunctive relief on behalf of two Black young female employees who alleged that they were subjected to unwelcome touching, degrading sexual and racial comments, and were shown a drawing of a Ku Klux Klan member by their supervisor. In March 2012, the U.S. Court of Appeals for the Fifth Circuit ruled that the EEOC presented sufficient evidence that two African American railroad workers were disciplined more harshly for workplace rule violations than comparable White employees to raise a jury issue of race discrimination under Title VII. In June 2008, a beauty supply chain agreed to pay $30,000 to settle a race discrimination lawsuit in which the EEOC charged that it rescinded a job offer after learning the successful applicant was Black. Although they deny the allegations, the companies also agreed to provide the affected workers with neutral employment references; maintain social media and information policies that prohibit the use of email, software, or hardware or any company-owned devices to be used for racially offensive communications or similar misconduct; and maintain procedures that encourage workers to come forward with race bias complaints. The agency was ordered to pay complainant $100,000.00 in compensatory damages, expunge any derogatory materials relating to complainant's performance, and pay attorney's fees and costs. EEOC v. Sierra Restroom Solutions, LLC, Civ. 4:10-CV-002070-SWW (E.D. The Commission alleged that Whirlpool violated Title VII of the Civil Rights Act of 1964 when it did nothing to stop a White male co-worker at a Whirlpool plant in LaVergne, Tenn., from harassing an African-American female employee because of her race and sex. EEOC v. MWR Enterprises Inc., II, C.A. Following a hearing, the AJ found that the U.S. Department of Agriculture (Agency) discriminated against Complainant on the bases of race and age when it did not select him for a. EEOC had asserted that the company gave an African American employee an unjustifiably negative performance evaluation shortly after she filed two internal complaints with management about her White supervisor's use of racially offensive language about her and in her presence and when it discharged her two weeks after she filed an EEOC charge because of her dissatisfaction with the company's response to her discrimination complaints. The lawsuit alleged that the driver was fired after complaining twice in one month about the treatment. Marshals Service, was not selected for the position of Assistant Chief Deputy U.S. Of these, employees lost at least half of all cases. In addition to monetary relief, the consent decree required the owner to provide a signed letter of apology to Kaleemuddin and that the alleged harassing manager alleged be prohibited from ever working again for the company. 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. Ark. EEOC v. Caldwell Freight Lines, Case No. $186,295 disability discrimination settlement for an applicant being denied employment for being blind. 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 district court decided that the companies were a single employer. In March 2016, a manufacturing company based in New Ulm, Minn., paid $19,500 to settle a race discrimination lawsuit filed by the EEOC, alleging that Windings, Inc. violated Title VII of the Civil Rights Act of 1964 when it refused to hire a biracial (African-American and White) applicant for a vacant assembler position, and instead hired a White applicant. In addition to monetary relief, the 18-month consent decree settling the lawsuit provides for training on employee rights under Title VII, and requires the company to maintain records of racial harassment complaints, provide annual reports to the EEOC, and post a notice to employees about the lawsuit that includes the EEOC's contact information. 7:14-CV-136 (M.D. The consent decree enjoins the company from engaging in racial discrimination. He also asked the housekeeping supervisor about her race and, upon learning that she was Black, fired her as well. The EEOC alleged that she had expressed interest in promotion and had substantial qualifications, but Dollar General instead hired less-qualified white applicants. No. In September 2013, U-Haul agreed to pay $750,000 to eight African-American current and former employees and to provide other relief to settle a race and retaliation discrimination lawsuit filed by the EEOC. They also treated him differently than non-Black employees. Va. Mar. In July 2016, J&R Baker Farms LLC agreed to pay $205,000 and comply with the terms of a consent decree to settle an EEOC lawsuit alleging the Georgia farm favored foreign-born employees over African American and Caucasian domestic workers in employment. In November 2007, the Commission upheld an Administrative Judge's finding of discrimination on the bases of race (African-American), sex (female), and disability (cervical strain/sprain) when complainant was not accommodated with a high back chair. Nov. 21, 2017). For Deaf/Hard of Hearing callers: In May 2008, the EEOC obtained a settlement of $1.65 million in a racial harassment case filed against a general contractor and its subsidiaries on behalf of a class of African American employees who were subjected to egregious racial harassment at a construction site in Bethlehem, Pennsylvania. The Court cautioned: "KCSR is no stranger to Title VII employment discrimination litigation, and it would behoove KCSR to discharge its burden with greater acuity." The applicant was qualified for the job as he passed the job-related assessment tests, and had previous work experience as an assembler. In January 2018, a water and waste-water services company in Bear, Delaware paid $150,000 to settle an EEOC lawsuit alleging racial harassment. . In February 2011, the EEOC settled a suit against a Portland-based seafood processor and distributor for $85,000 on behalf of a warehouse worker. Can someone do an EEOC case if they were discriminated against before consent decree entered Aug. 1, 2014). What are the chances of winning an EEOC case? - LegalKnowledgeBase.com They also alleged that they were subjected to racial insults and harassment when they complained. Spaeths request was a simple one and denying it profoundly altered her life.. 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. 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 judge faulted Noble Management LLC and New Indianapolis Hotels for failing to: (1) properly post notices; (2) properly train management employees; (3) keep employment records; (4) institute a new hiring procedure for housekeeping employees; and (5) reinstate three former housekeeping employees. According to EEOC's lawsuit, Kimball applied for a vacant assembler job and interviewed with the company in January 2014. 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. Further, to demonstrate its strong and clear commitment to a workplace free of race and national origin discrimination, the agency agreed that if it advertises, it will devote a portion of its advertising budget to placing ads in diverse media outlets. The company also agreed to fulfill notice-posting, training, and reporting requirements. For more information on the ADA, please call the Justice Department's toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. 22, 2012). According to the EEOC, the six-year employee had his work scrutinized more critically than non-Black employees, was placed on a performance improvement plan because of his race, and was fired when he complained despite his excellent performance history and numerous awards. On appeal, the Seventh Circuit unanimously rejected the facility's argument that Indiana's patient-rights law permitted such practice and remanded the case for trial because the "the racial preference policy violates Title VII by creating a hostile work environment and because issues of fact remain over whether race motivated the discharge.". June 12, 2012) (granting joint motion to dismiss). According to the EEOC's lawsuit, the three African American men endured the store owner's daily use of racial slurs, one employee was slapped by the owner, and racially offensive posters of monkeys were prominently displayed in the workplace to humiliate the Black employees. Valuing settlement offers. Ga. dismissal order filed Aug. 11, 2015). In July 2012, hotel groups Pacific Hospitality and Seasons Hotel agreed to pay $365,000 and provide preventative measures to settle a federal harassment lawsuit by the EEOC. and "redskins." Under the proposed two-year consent decree, PBM Graphics Inc. would place the settlement funds in escrow for distribution later among non-Hispanic workers identified by EEOC as victims of the alleged national origin discrimination. 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. What is the average EEOC settlement? Kenny C. v. Dep't of Def., EEOC Appeal No. As a result, a default judgment was entered by U.S. District Judge M. Casey Rodgers, based upon evidence submitted by the EEOC and Titan was ordered to pay lost wages and other damages suffered by Brooks. A blind individual applied as a night warehouse loader after his company eliminated his previous position as a driver's aide. When the Black employees complained about the discriminatory treatment, the manager fired them. 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. EEOC v. Day & Zimmerman NPS, Inc., No. In November 2007, a high-end suburban Illinois retirement facility agreed to pay $125,000 to settle a discrimination lawsuit alleging that it terminated its director of nursing, because of her national origin (Filipino) and race (Asian). EEOC v. JL Schwieters Construction, Inc., Civil Action No. These measures include: a comprehensive training regimen on discrimination (including racial discrimination and harassment); discussions of harassment in work site meetings on a monthly basis; the provision of an external ombudsman to receive and investigate complaints of discrimination or retaliation; and a detailed review and revision of Holmes' policies and procedures concerning protected-class discrimination and retaliation. CHICAGO An eight-member jury in Green Bay, Wisconsin returned a verdict of $125,150,000 in favor of the U.S. The decision awarded complainant a retroactive promotion with back pay, $150,000 in compensatory damages and attorneys fees and costs. In July 2010, the Seventh Circuit affirmed the EEOC's rulings on race discrimination and retaliation claims in a case brought by a White "policymaking level" employee under the Government Employee Rights Act. 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. According to the EEOC's lawsuit, two Black carpenters were subjected to racial harassment during their employment by a White supervisor, who made racially derogatory comments including calling them "n----r." The supervisor also made a noose out of electrical wire and threatened to hang them, the EEOC charged. In July 2014, EEOC filed a lawsuit against AutoZone alleging the company unjustly fired a Chicago man for refusing to be transferred because of his race. EEOC v. Alliant Techsystems Inc., Case No. 11-cv-08090 (C.D. In March 2011, a television station settled a race and sex discrimination case filed by the EEOC for $45,000 and additional consideration. The EEOC claims that the company wanted to broaden the number of Hispanics at the store to better reflect its customer base. Ms. Under the decree, the supplier will provide web-based training to all employees at its Baton Rouge and Harahan, Louisiana offices on Title VII and defendant's antidiscrimination policies and complaint reporting procedures. In July 2006, Home Depot paid $125,000 to settle a race discrimination and retaliation lawsuit. In addition to the monetary settlement, the company is required to write an apology letter and a positive letter of reference for its former employee. The suit further alleged that the company engaged in retaliation by firing one employee when he complained of racial harassment to the company president. The agency alleges that all American workers were discriminatorily discharged, subjected to different terms and conditions of employment, and provided fewer work opportunities, based on their national origin and/or race. In January 2013, 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. EEOC had alleged that the company refused to hire a Black female applicant for a part-time customer service position, even after she was designated best qualified and had passed the requisite drug test. EEOC v. Ready Mix USA LLC, No. The Black employee allegedly complained to company management, but the harassment continued. Harassment of the teen included calling him a "Black [S.O.B. We are looking for people who may have been affected by the unlawful discrimination alleged in these suits. An EEOC Administrative Judge's finding that a blanket policy excluding employees with Type I and II Diabetes adversely impacted African Americans and Native Americans resulted in a settlement and change in policy. The manufacturer also agreed to amend its harassment policy to refer specifically to harassment through the playing of music, and to include offensive musical lyrics in its examples of racial harassment. The consent decree also requires four hours of Title VII training for all Video Only employees. An official website of the United States government. Ky. Sep. 26, 2013). The 2-year consent decree also enjoins race and sex (male) discrimination under Title VII, as well as retaliation. The EEOC alleged that Lawler violated Title VII by engaging in a pattern or practice of intentionally failing to hire black and other non-Hispanic applicants for jobs, and by using hiring practices, including word-of-mouth recruiting and advertising a Spanish-language preference, that had an adverse disparate impact on black and other non-Hispanic applicants without any business justification. In February 2020, an Illinois fencing company paid $25,000 to settle a race harassment case brought by the EEOC. 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. In February 2007, EEOC obtained a $5 million settlement resolving two consolidated class action employment discrimination lawsuits against a global engine systems and parts company, asserting that the company engaged in illegal discrimination against African-Americans, Hispanics and Asians at its Rockford and Rockton, Ill., facilities with respect to pay, promotions and training. The law on disability discrimination is clear and unequivocalit is illegal to discriminate against anyone at work due to their disability. In contrast, defendant announced the promotion of Charging Party's White successor within three days and issued him a cell telephone and a company e-mail address immediately. Furthermore, the investigation revealed that African-American employees were assigned to more difficult and dangerous work than Caucasian employees. EEOC Violations: Four Discrimination case Studies from which to learn The second Black employee testified that, when he was hired in 2005, he was the company's only African American and was told he was the "token black." Pa. Jan. 6, 2012). In August 2019, Pier 1 Imports paid a $20,000 settlement to a Black job applicant in San Bernardino County who was denied an assistant manager position based on his race following a background check pursuant to a two-year conciliation agreement. The consent decree enjoins the restaurant from discriminating based on race in hiring or promotion into the bartender position, requires the restaurant to adopt a written anti-discrimination policy, provide Title VII training to all managers and supervisors, keep records related to any future complaints alleging racial discrimination in hiring or promotion, and submit reports to the EEOC. 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. Group, Inc., Civil Action No. In September 2009, a supply company in Arizona agreed to pay $49,500 to settle an EEOC lawsuit that alleged the company assigned an African American employee and his Hispanic team member to less desirable, lower-paying jobs than their Caucasian counterparts because of the Black employee's race. That lawsuit was resolved by a 2009 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. The store manager allegedly made racially and sexually offensive remarks to a Black employee, referred to the African Americans as "you people" and interracial couples as "Oreos" or "Zebras," and disparaged the employee for marrying a Caucasian man. 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. In addition to the damages, the station must post an anti-discrimination notice, publicize an anti-discrimination policy, and provide annual race and sex discrimination training to its employees. The EEOC's suit alleged that the company excluded Black applicants for jobs at the company's Little Rock location based upon their race. Workers Win Only 1% Of Federal Civil Rights Lawsuits At Trial EEOC alleged that the company refused to hire Black applicants because it was concerned that its customers would be uncomfortable with a Black man coming to their home and would be intimidated by him. The employees complained to several supervisors and the Human Resources Department, and the offending employees were occasionally warned, but the hostile environment continued. In addition to paying $600,000, the three-year consent decree settling the lawsuit also requires Bankers Asset Management to hold a mandatory, annual three-hour training on race discrimination and retaliation in which its president or another officer participates, among other provisions. 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. After several employees filed racial harassment charges with the EEOC, a noose was displayed in the workplace. Meanwhile, in the same timeframe, management approved such training for two similarly situated White officers who were eventually promoted to SOL. Many cases have somewhere between a 20% and 80% chance of winning. The four-year consent decree also requires Defendant MWR Enterprises Inc., II, to establish a written policy which provides that all job assignments will be made without consideration to gender; establish guidelines and procedures for processing employment applications; provide Title VII training on race and gender discrimination to its managers; meet recordkeeping and reporting requirements; and post a notice about the lawsuit and settlement at its store locations. During her work tenure, Washenko made several derogatory comments about Morrocans, Muslims and Middle Easterns, often referring to them as "terrorists" and "crooks." [] The lawsuit alleged that management at the company's Brooklyn facility routinely subjected more than 30 Black and African male loaders and drivers to sexual and racial harassment and retaliated against employees who complained. The evidence of record established, however, that the "DAN" comment was unlikely used in complainant's presence as he could not recall who said it and he conceded it was not directed at him. The decision noted that the Agency took six months to engage in an internal investigation and issue the coworker a proposed 30-day suspension. 0:13-cv-02570 (D. Minn. Sep. 19, 2014). In July 2006, EEOC settled a Title VII action against a Dallas-based HIV service agency, in which four Black employees were allegedly racially harassed by the center's founder and former Executive Director, who is also African American. That number includes both private sector and state and local . In addition to the monetary damages to the three men, the two-year consent decree requires GNT Foods to provide employment discrimination training to its employees, to post its policies and anti-discrimination notice, and to comply with reporting and monitoring requirements. Here's Why Retaliation Claims Are Easier To Prove In Court Than Additionally, racist graffiti was written in portable toilets, with terms such as "coon"; "if u not White u not right"; "White power"; "KKK"; and "I love the Ku Klux Klan." In January 2020, Falcon Foundry Company agreed to resolve a racial harassment class case which was filed against it by the Youngstown Branch of the National Association for the Advancement of Colored People (NAACP) and the EEOC. The employees were also prohibited from speaking Creole, and were retaliated against by being subjected to discipline when they complained about their treatment. When some employees complained, the supervisor allegedly replied the noose was "no big deal" and that workers who complained were "too sensitive." Instead, the company discharged the white driver later for an unrelated matter. 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 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.