Showing posts with label national origin harassment. Show all posts
Showing posts with label national origin harassment. Show all posts

Wednesday, May 4, 2016

Asbestos Specialists, Inc. Will Pay $100,000 and Make Major Policy Changes to Resolve EEOC and OFCCP Investigations

WASHINGTON, D.C.-Asbestos Specialists, Inc. (ASI), a Baltimore-based company that specializes in asbestos removal and demolition in the Washington, D.C. area, will pay $100,000 and furnish significant equitable relief to resolve a charge of national origin harassment filed with the U.S. Equal Employment Opportunity Commission (EEOC) and a Department of Labor Office of Federal Contract Compliance Programs (OFCCP) compliance evaluation, EEOC announced today.

Read the story here

Monday, August 29, 2011

Fremont Toyota Sued For Harassment And Retaliation Against Afghani Employees

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
8-23-11

Afghani-Americans Targeted for Name-Calling and Threats, EEOC Alleges

SAN FRANCISCO — Local car dealership Fremont Toyota violated federal law when its management harassed Afghani-American employees due to their national origin, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
According to the EEOC, Fremont Toyota’s general manger singled out four Afghani-American salesmen during a staff meeting, calling them “terrorists,” asserting that he is the dictator at the car dealership just as a dictator rules Afghanistan, and threatening them with violence. After the men reported the harassment, they faced retaliation by the car dealership. The company treated them so poorly that the salesmen felt they had no other option but to resign. An Afghani-American manager who spoke up in support of the four salesmen was also fired from his job for defending the harassed employees.
“My family fled Afghanistan because of the terrorism, dictatorship and lack of freedom there,” said Mohammad Sawary, one of the salesmen. “Now in America, this man [the general manger] lashes out at us out in front of all of our coworkers, calling us ‘terrorists’ and proclaiming himself ‘dictator’ here at Fremont Toyota.”
Harassment based on national origin and retaliation violates Title VII of the Civil Rights Act of 1964. After first attempting to reach a pre-litigation settlement through conciliation, the EEOC filed the lawsuit (EEOC v. Fremont Automobile Dealership LLC, dba Fremont Toyota, Civil No. 11-4131 JCS) in U.S. District Court for the Northern District of California, seeking monetary damages on behalf of the workers, training on anti-discrimination laws, posting of notices at the work site and other measures to prevent future discrimination.
“Despite the diversity of the Bay Area, people are still being targeted for harassment due to their origins and stereotypes associated with their background. This type of behavior is not only illegal but it also goes against the grain of who we are – a nation mostly of immigrants and their descendants,” said EEOC San Francisco Regional Attorney William R. Tamayo.
EEOC San Francisco District Director Michael Baldonado pointed out that more than a third of all cases seen by the Commission involve retaliation, and that, for the first time ever, retaliation under all statutes (36,258) surpassed race (35,890) as the most frequently filed charge at the EEOC in fiscal year 2010. He said, “Employers who try to solve a harassment problem by getting rid of the people who speak out about it will only add to that statistic. We hope this lawsuit will remind employers to respond properly to complaints about harassment or discrimination, with timely investigation and steps to end any misconduct.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/8-23-11a.cfm

Monday, May 9, 2011

Suburban Chicago Hilton to Pay $195,000 to Resolve EEOC National Origin Harassment Suit

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
5-6-11

Agency Says Exec Chef Subjected Hispanic Kitchen Employees to Slurs and Insults

CHICAGO – The Equal Employment Opportunity Commission (EEOC) announced today that a federal judge has entered a $195,000 consent decree to resolve a national origin harassment lawsuit brought by the agency against the Hilton Lisle/Naperville Hotel in Lisle, Ill.
In its lawsuit, EEOC charged that the Hilton Lisle/Naperville violated federal law by subjecting Hispanic employees in the hotel kitchen to offensive comments. Specifically, the EEOC charged that the hotel’s executive chef regularly referred to Hispanic employees as “s--cs” and “wetbacks.”
National origin discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit, captioned EEOC v. Fireside West, LLC d/b/a Hilton Lisle/Naperville, No. 09 cv-5979, on Sept. 28, 2009 in U.S. District Court for the Northern District of Illinois in Chicago, after first attempting to reach a pre-litigation settlement through its conciliation process.
The three-year consent decree resolving the suit, approved by District Judge Edmund Chang yesterday, May 5, 2011, provides that $195,000 in monetary relief, which includes attorney’s fees, be distributed among two employees who filed charges of discrimination with EEOC and another additional employee.
The decree also requires the Hilton Lisle/Naperville to report any further complaints of retaliation or national origin harassment to the EEOC. The decree requires remedial training for all employees at the hotel, and mandates that the executive chef, who was alleged to have engaged in the harassment of Hispanic kitchen employees, receive personal anti-discrimination training. The decree includes an injunction prohibiting further discrimination on the basis of national origin and barring retaliation for reporting or complaining about discrimination.
“Federal law clearly requires employers to take prompt remedial action when they learn of harassment,” said John Hendrickson, regional attorney for the EEOC in Chicago. “In this case, the EEOC was prepared to show that not only did multiple employees report the harassment, but also that the executive chef himself acknowledged doing it. That’s not acceptable, and it’s not legal.”
EEOC trial attorney Aaron DeCamp added, “Over the next three years, EEOC will keep a close eye on how the Hilton Lisle/Naperville implements the consent decree to make certain these issues do not recur.”
In addition to Hendrickson and DeCamp, the case was litigated by Supervisory Trial Attorney Greg Gochanour and Trial Attorney Laurie Elkin. The EEOC Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/5-6-11a.cfm

Tuesday, April 19, 2011

Walmart to Pay $440,000 to Settle EEOC Suit for Harassment of Latinos

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
4-14-11
Mexican-American Subjected Other Hispanic Employees to Ethnic Slurs at Fresno Sam’s Club, Federal Agency Charged

FRESNO, Calif. – Sam’s Club, the wholesale chain store owned and operated by Walmart, will pay $440,000 and furnish other relief to settle a national origin harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC contends that at least nine employees of Mexican descent at the Sam’s Club in Fresno, along with one who was married to a Mexican, endured ethnic slurs and derogatory remarks by a fellow co-worker who is Mexican-American. Since late 2005, the victims were barraged with near-daily insults about Mexicans such as “f----n’ wetbacks,” and references to Mexicans only being good for cleaning the harasser’s home, according to the EEOC. The harasser even threatened to report three of the victims to immigration authorities despite their legal status. The victims and harasser – all female – worked in the demonstration department, serving food samples to customers.
The victims complained about the hostile work environment to management as early as April 2006 to no avail. Instead, the complaints only intensified the harassment and led to intimidation, said the EEOC. Another employee also began deriding a victim for her inability to speak English. It was not until after an official EEOC charge of discrimination was filed in October 2006 that Sam’s Club finally discharged the harasser in December 2006.
In May 2009, the EEOC filed its lawsuit in U.S. District Court, Eastern District of California (EEOC v. Walmart Stores, Inc. dba Sam’s Club, et al., Case No. 09-CV-00804), claiming that the harassment, and Walmart’s failure to appropriately address it, were in direct violation of Title VII of the Civil Rights Act of 1964. Aside from the monetary relief, the parties entered into a three-year consent decree which requires Walmart to comply with the following at its Sam’s Club locations in Fresno and/or Bakersfield, Calif.:
review and make available its policies against and complaint procedures for national origin discrimination, harassment and retaliation;
provide training to non-management employees in the Fresno location regarding anti-discrimination laws, including national origin discrimination and harassment;
provide separate training to management employees in the Fresno and Bakersfield locations which will including training on how to receive, investigate, or report to designated officials complaints of national origin discrimination, harassment and retaliation;
set up a record-keeping procedure for the Fresno location that provides for the centralized tracking system for such complaints;
report the handling of such complaints and compliance with the decree to the EEOC; and
provide neutral references for the victims upon inquiry.
“We commend Walmart for taking the issues of national origin harassment seriously and implementing preventative measures,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, which includes Fresno in its jurisdiction. “A work environment that is free of harassment ensures a more productive and vibrant workplace for all.”
Melissa Barrios, director of the EEOC’s Fresno Local Office, added, “National origin discrimination remains a serious problem in this region, and it is important to remember that harassment can manifest even within the same ethnic group. Employers failing to take immediate action send a message that such behavior is tolerated, giving license for others to do the same.”
According to company information, Walmart Stores, Inc. is an Arkansas-based international retailer, operating more than 8,300 stores worldwide, including Sam’s Club warehouses.
The EEOC is the federal agency that enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/4-14-11.cfm

Monday, December 13, 2010

Former And Current Owners Of The Sahara Hotel To Pay $100,000 To Settle EEOC National Origin Harassment & Retaliation Suit

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
12-7-10

Slurs and Graffiti Plagued an Egyptian Worker, Who Was Suspended for Complaining, Federal Agency Charged

LAS VEGAS – The former and current owners of the Sahara Hotel & Casino, a popular establishment on the Las Vegas strip, will pay a total of $100,000 and furnish other relief to settle a national origin harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC originally filed suit against the former and current owners of Sahara in July 2009 in U.S. District Court for the District of Nevada (EEOC v. Gordon Gaming dba Sahara Hotel and Casino, Stockbridge / SBE Holdings dba Sahara Hotel and Casino, Civil Action Case No. 2:09-cv-01356-PMP-RJJ) , alleging that the harassment and retaliation violated Title VII of the Civil Rights Act of 1964. According to the EEOC, the Sahara 's supervisors and coworkers continuously belittled and harassed Ezzat Elias, whose job entailed maintaining and delivering food to the hotel buffet, because of his Egyptian heritage. The alleged harassers openly and continually subjected Elias to derogatory comments, such as “Go back to Egypt,” “f-----g Egyptian,” and often referred to him as “Bin Laden.” Elias also endured graffiti in the men’s locker room and elsewhere, targeting him with phrases such as “sand n----r” and “the Taliban must die.”
Despite Elias’s repeated complaints of such harassment, the EEOC found that the Sahara’s management failed to take effective measures to stop it. Instead, the EEOC said, supervisors retaliated against Elias shortly after his initial complaint by increasing his workload, subjecting him to closer scrutiny, formally disciplining and ultimately suspending him.
The parties entered into a three-year consent decree which requires the Sahara’s former and current owners to collectively pay $85,000 in monetary relief to Elias. The hotel’s current owner will also pay an additional $15,000 to the Nevada Equal Rights Commission (NERC), the state entity charged with enforcing Nevada’s anti-discrimination laws, for the purposes of education and outreach to the public on anti-discrimination issues. Aside from the monetary relief, the current owner also agreed to appoint an equal employment opportunity (EEO) consultant and will review and revise its policies, training, and procedures to ensure they effectively address workplace discrimination, harassment and retaliation.
“Under federal law, employees of all national origins are protected from this type of harassment,” said Anna Park, regional attorney of the EEOC’s Los Angeles District Office. “We commend the current owners of the Sahara Hotel & Casino for working with the EEOC to change the hostile work environment uncovered in this case.”
Lucy Orta, local director of the EEOC’s Las Vegas Local Office, added, “Retaliation is illegal and is one of the fastest-growing types of complaints received by the EEOC. Workers need to know that they have the right to report discrimination and harassment in the workplace without the fear of actions taken against them.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

http://www.eeoc.gov/eeoc/newsroom/release/12-7-2010b.cfm

Monday, April 5, 2010

Gonnella Baking Co. To Pay $350,000 To Settle EEOC Harassment And Retaliation Suit

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
3-30-10
Aurora Bakery Allowed Abuse of Mexican Workers, Agency Charged

CHICAGO – Gonnella Baking Co., a Chicago-area baking company, will pay $350,000 to settle a national origin harassment and retaliation suit filed by the U.S. Equal Employment Oppor­tunity Commission (EEOC), the agency announced today. The company will also be subject to a four-year consent decree, under which it will be required to report any further complaints of discrimination or retaliation to the EEOC and to provide training about employment discrimination law to its managers and other employees.
In its suit, the EEOC charged that Gonnella tolerated harassment of employees of Mexican national origin by a manager at its Aurora, Ill., facility and, when a number of those employees complained about the harassment, the manager retaliated against them by subjecting them to further verbal harassment, longer hours, and harsher working conditions. The EEOC sought relief for a class of seven employees, four of whom intervened in the suit as plaintiffs.
John Rowe, EEOC district director in Chicago, said that the EEOC’s investigation revealed that the Gonnella manager routinely made derogatory anti-Mexican comments to several sanitation employees of Mexican national origin. After some of these employees complained about the mis­treatment, the manager required the employees to work longer hours, with a number of shifts exceed­ing 12 hours and on one occasion reaching as much as 19 hours, according to Rowe. According to the employees, the manager warned them against making further complaints, telling one employee that if the employee complained to the company’s human resources department, she was “going to pay for it.”
The EEOC’s lawsuit was brought under Title VII of the Civil Rights Act of 1964, which prohibits national origin discrimination and retaliation in employment. Harassment of employees or alteration of the conditions of their employment is unlawful if it is motivated by the employees’ national origin or race or if it is done in retaliation for complaints about discrimination.
“The derogatory language and other harassment directed at the employees in this case are entirely inappropriate in the workplace,” said John Hendrickson, the EEOC’s regional attorney in Chicago. “Gonnella failed to take action to address this conduct, despite numerous complaints about this manager from several different employees. As this case illustrates, employers who do not live up to their obligation to put a stop to employment discrimination expose themselves to substantial financial consequences and ongoing scrutiny.”
The EEOC’s lawsuit was filed on September 15, 2008, in the U.S. District Court for the Northern District of Illinois (EEOC v. Gonnella Baking Co., Case No 08-cv-5240). The consent decree resolving the case was approved today by U.S. District Judge John W. Darrah. The case had been set to go to trial on April 12, 2010. In addition to requiring Gonnella to pay damages to seven individuals and to pay attorney fees to intervening plaintiffs, the decree contains an injunction prohibiting Gonnella from engaging in further discrimination on the basis of national origin, race, or retaliation.
The government’s litigation effort was led by EEOC Trial Attorneys Justin Mulaire and Brad Fiorito and EEOC Supervisory Trial Attorney Gregory Gochanour.
The EEOC enforces federal laws prohibiting employment discrimination. The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa and North and South Dakota, with Area Offices in Milwaukee and Minneapolis. Further information about the EEOC is available on its web site at www.eeoc.gov.

Monday, October 5, 2009

EEOC FILES CLASS NATIONAL ORIGIN HARASSMENT SUIT AGAINST HILTON HOTEL IN CHICAGO SUBURB

The U.S. Equal Employment Opportunity Commission
PRESS RELEASE
9-28-09

Lisle/Naperville Hilton Subjected Hispanics to Ethnic Slurs, Federal Agency Charges

CHICAGO – The U.S. Equal Employment Opportunity Commission (EEOC) filed suit Friday against Fireside West, LLC, doing business as the Hilton in Lisle/Naperville, Ill., charging that the hotel violated Title VII by subjecting its Hispanic employees to a hostile work environment. The EEOC’s complaint said that the hotel subjected Hispanic employees to frequent ethnic slurs from the hotel’s executive chef.
The EEOC’s lawsuit, in U.S. District Court in Chicago (Civil Action 09-CV-05979, assigned to District Judge James B. Zagel and Magistrate Judge Maria G. Valdez), arose out of charges of discrimination filed with the EEOC by two former employees of the hotel. The EEOC’s administrative investigation which preceded the lawsuit, supervised by EEOC Chicago District Director John Rowe, revealed that the executive chef would allegedly openly refer to Hispanic employees under his supervision with derogatory terms such as “wetbacks,” “f----ing Mexicans,” and “stupid Mexicans.”
“Employees should never have to put up with such humiliation and ridicule on the job,” said EEOC Acting Chairman Stuart J. Ishimaru. “If employers learn about harassment like this happening in their workplaces and simply look the other way, they will face serious legal repercussions for doing so.”
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, color, religion, sex (including sexual harassment or pregnancy) or national origin and protects employees who complain about such offenses from retaliation. The EEOC filed suit after first attempting to reach a voluntary settlement through the agency’s statutory conciliation process. EEOC Trial Attorney Laurie Elkin will lead the federal agency’s litigation effort.
EEOC regional attorney for the Chicago District, John Hendrickson, said, “Under Title VII, companies have a responsibility to protect employees from the kind of discrimination evident in the hostile, demeaning, and abusive behavior alleged to have occurred in this case. The nation’s promise of equal opportunity cannot be kept if employees are harassed because of their national origin.”
The EEOC Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its web site at www.eeoc.gov.

Monday, June 1, 2009

CEISEL MASONRY TO PAY $500,000 FOR HARASSMENT OF HISPANIC WORKERS

U.S. Equal Employment Opportunity Commission
PRESS RELEASE
5-22-09

CHICAGO – Ceisel Masonry will pay half a million dollars to settle a race and national origin discrimina­tion lawsuit brought by the U.S. Equal Employment Opportunity Commis­sion (EEOC), the agency announced today. The EEOC’s suit charged that the north suburban construction company violated federal anti-discrimination laws by subjecting its Hispanic workers to harassment based upon their race and national origin.

The EEOC brought its suit on behalf of a class of 10 Hispanic workers, charging that Ceisel’s foremen and former superintendent would refer to the company’s Latino employees with derogatory terms such as “f---ing Mexicans,” “pork chop,” “Julio,” “spics,” “chico” and “wetback.” In addition, the EEOC and the former employees alleged that Hispanic workers were routinely exposed to racist graffiti, which the company never addressed. The case was scheduled for a two-week jury trial to start on May 4, 2009.

“No employee should have to trade his or her dignity for the right to work, and no employer should permit this type of verbal abuse of employees,” said EEOC Acting Chairman Stuart J. Ishimaru. “We take allegations of racial or ethnic harassment very seriously and will pursue these cases vigorously.”

Race and national origin discrimination violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after an administrative investigation managed by Chicago District Director John Rowe found reasonable cause to believe federal law had been violated, and after first attempting to reach a voluntary settlement. The EEOC suit was filed April 13, 2006, and captioned EEOC v. Ceisel Masonry, No. 06 C 2075. The EEOC’s suit was joined by a companion suit filed by the Chicago Lawyers’ Committee for Civil Rights Under the Law on behalf of three of the discrimination victims, captioned Ramirez, et al v. Ceisel Masonry, No. 06 C 2084. Both cases were filed in U.S. District Court for the Northern District of Illinois, Eastern Division, in Chicago.

The consent decree settling the suit, signed by Judge Harry D. Leinenweber today, provides that the defendants will pay $500,000 to resolve this matter. The three-year decree enjoins the company from future discrimin­ation on the basis of race or national origin and from any retaliation. It mandates that the company will provide all of its employees with training on how to prevent discrimination, as well as revise its policies on harassment and how to conduct harassment investi­ga­tions. The decree also requires the company to hold its supervisors accountable if they do not comply with the company’s new anti-harassment and investigation policies.

“This settlement is important vindication for those Hispanic employees who suffered harassment by their supervisors,” said Richard J. Mrizek, the EEOC trial attorney who led the government’s litigation of this case with EEOC Trial Attorney Laurie Elkin. “The consent decree entered in this case will ensure that the company prevents harassment from taking place on its job sites.”

John Hendrickson, regional attorney for the Chicago District Office, which oversees EEOC litigation in a six-state region, said, “This case is a reminder that the federal laws against discrimin­atory harassment on the job have broad, general application. They apply not only to race and sexual harassment but also to harassment on the basis of national origin. Employers must act decisively against harassment, especially when it comes from supervisors or foremen who have great power over workers, or pay the consequences.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.