Dunkin’ Donuts Franchise to Pay $150,000 to Settle Sexual Harassment Lawsuit

Doughnut Franchise Manager Sexually Harassed Young Female Employees, Some in Their Teens, and Retaliated Against Worker Who Resisted Advances, Federal Agency Charged

NEW YORK - Hillcrest Marshall, Inc., which owns multiple Dunkin' Donuts franchises in Westchester County, N.Y., will pay $150,000 to former employees to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to EEOC's lawsuit, Hillcrest Marshall violated federal law by subjecting female employees, some of whom were in their teens at the time, to sexual harassment by a store manager at one of its Dunkin' Donuts locations. For example, EEOC said, the store manager talked about his genitals, tried to kiss a female worker who was 20 years old at the time, and pressured her to have sex. The manager hit her, cursed and yelled at her regularly due to being rejected by her. When she contacted the police, she was fired in retaliation for resisting his advances, EEOC said.

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EEOC and ADP Enter into Settlement in Mutual Effort to Improve Employment Opportunities for Minorities in Illinois

CHICAGO - ADP, LLC, a leading payroll processing and human resource management outsourcing provider, has agreed to voluntarily resolve employment discrimination charges filed in Illinois with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. As the result of successful conciliation efforts between the parties, ADP has agreed to pay nearly $1.4 million and to further enhance its recruitment, hiring and promotion of minorities at its Illinois-based operations. ADP has also agreed to periodically inform EEOC on its future efforts to expand employment opportunities for minority applicants and employees.

This agreement resolves charges filed with EEOC alleging that black and Hispanic individuals were discriminated against by ADP. The matter has now been resolved without any admission by ADP that it engaged in any violation.

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Nabors Industries and C&J Energy Services Sued By EEOC for Racial Harassment and Retaliation

Oilfield Services Company Subjected Black Employees to Slurs and Mistreatment and Then Fired Employees for Reporting the Discrimination, Federal Agency Charged

SAN ANTONIO, Texas - Bermuda-based oilfield services companies Nabors Industries, Ltd. and C&J Energy Services, Ltd., Civil Action 05:16-CV-758-FB, violated federal law through widespread racial harassment of African-American employees and punishing those who complained about the abuse, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

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Sealed Air Sued By EEOC for Sex-Based Pay and National Origin Discrimination

Federal Agency Charges Sealed Air Corp., d/b/a Kevothermal LLC, Paid Female Production Supervisor Less Than Male, Imposed Language Restriction

Albuquerque, NM. -Sealed Air Corporation, a protective packaging business, violated federal law by paying a female production supervisor lower wages than its male production supervisor and by discriminating against her because of her national origin, Hispanic, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

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Brown & Brown Insurance Brokerage Firm Is Sued By EEOC in Pregnancy Discrimination Lawsuit

Job Offer Rescinded After Company Learned of Applicant's Pregnancy, Federal Agency Charged

MIAMI - A Daytona Beach-based insurance brokerage firm violated federal law by rescinding a job offer to a woman because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

According to EEOC's suit, Brown & Brown, which owns and operates 180 offices across the United States, made a written employment offer to the applicant and also sent her an employment agreement for a "personal lines technical assistant" position at its Daytona Beach location. The company proposed start dates of either March 30 or April 6, 2015. Upon receipt of the offer letter, the applicant emailed the department leader, affirming her interest and seeking to ask a few questions regarding the offer. About two hours later, the applicant spoke with the department leader's assistant and inquired about maternity benefits because she was pregnant. The assistant immediately advised the department leader of the applicant's pregnancy and, minutes later, the applicant received an email rescinding the job offer because, according to Brown & Brown, it "had a very urgent need to have somebody in the position long term …We appreciate you telling us beforehand."

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Oilfield Instrumentation Unlawfully Rescinded Job Offer Because Of Disability, EEOC Charges in Lawsuit

Company Denied Job Based on View That All Type I Insulin-Dependent Diabetics Are 'Fragile' and Not Suited to Work Offshore, Federal Agency Charges

NEW ORLEANS - Oilfield Instrumentation, USA, Inc., an oilfield services company, violated federal law by withdrawing a job offer to an applicant because of his diabetes, the U.S. Equal Employment Opportunity Commission charged in a lawsuit it filed today.

According to EEOC's lawsuit, on Feb. 4, 2013, Carl J. Devalcourt, III, a Type I insulin-dependent diabetic, applied for a service technician position at Oilfield Instrumentation. Two days later, he interviewed with Tom Walker, a hiring manager. Devalcourt received a job offer and informed Walker that he would like to move forward with the hiring process, which included taking a required drug test and physical examination.

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Federal Judge Awards $1,470,000 in EEOC Sexual Harassment and Retaliation Case Against Z Foods

Workers Who Were Sexually Harassed and Fired for Complaining Vindicated in Court's Ruling

FRESNO, Calif. - A federal judge has ordered Z Foods, Inc., once one of the largest dried fruit processors in the United States, to pay $1,470,000 in damages in a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

EEOC had charged that Z Foods allowed male supervisors to sexually harass a class of female employees and fired male and female employees when they complained about the sexual harassment. The court awarded the maximum allowed by the statute, offset by a previous settlement, and ruled that the claimants suffered severe emotional distress as a result of actions of Z Foods.

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EEOC Sues Rent-A-Center for Sex Discrimination Against Transgender Employee

Assistant Manager of Rantoul Store Was Fired Because of Her Gender Identity, Federal Agency Charges

URBANA, Ill. - Rent-A-Center violated federal civil rights law by discharging an employee from its Rantoul, Ill., store because she is transgender, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today. Rent-A-Center owns and operates more than 3,000 stores across the United States, offering furniture, electronics, appliances and computers through rent-to-own agreements.

According to Julianne Bowman, the EEOC's district director in Chicago, the EEOC's pre-suit administrative investigation revealed that the company's managers disapproved of the employee's gender transition and found a pretext for firing her.

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Federal Judge Awards EEOC $179,000 Default Judgment Against Workplace Staffing Solutions For Sex Discrimination

Louisiana Staffing Firm Failed to Hire Six Qualified Women Because of Their Sex While Hiring Only Men, Federal Agency Charged

JACKSON, Miss. - A federal judge has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in its sex discrimination lawsuit against a Louisiana staffing firm, the federal agency announced today.

The EEOC had charged that Workplace Staffing Solutions, LLC, which operates an office in Gulfport, Miss., violated federal law when it failed to hire six women for residential temporary trashcan collector (RTCC) positions in Harrison County, Miss., because of their gender.

Read more here. 

What You Should Know about EEOC's Proposal to Collect Pay Data

On July 14, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published its revised proposal to collect summary pay data by race, ethnicity, and sex from employers that already file the EEO-1 report.

For information on the proposal, why the EEOC is proposing pay data collection, and for further details visit this webpage.

EEOC Announces Second Opportunity for Public to Submit Comments on Proposal to Collect Pay Data

Public Can Submit Comments on Proposed Update of EEO-1 Report Through August 15, 2016

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today announced the publication of its revised proposal to collect pay data through the Employer Information Report (EEO-1), a longstanding joint information collection of EEOC and the U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP). The proposed revision would include collecting summary pay data from employers, including federal contractors, with 100 or more employees. The pay data will assist the agencies in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.

Read more here.

HospitalityStaff Sued by EEOC for Religious Discrimination

Orlando Staffing Company Fired Rastafarian Employee Because of His Dreadlocks, Federal Agency Charges

ORLANDO, Fla. - An Orlando staffing company dedicated to Central Florida's massive hospitality industry violated federal law by firing an employee over his Rastafarian religious practices, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

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Rooms to Go Sued by EEOC for Pregnancy Discrimination

Furniture Company Fired Employee After She Disclosed She Was Pregnant, Federal Agency Charges

RALEIGH, N.C. - RTG Furniture Corp. of Georgia, a Florida corporation that operates a chain of Rooms to Go furniture stores and distributions centers nationwide, violated federal law when it fired an employee because she was pregnant, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Read more here.

EEOC Sues Bojangles For Sex Harassment and Retaliation

Restaurant Chain Subjected Transgender Employee to Sex Harassment, Then Fired Her for Complaining, Federal Agency Charges

FAYETTEVILLE, N.C. - Bojangles Restaurants, Inc., a North Carolina corporation operating a chain of fast food restaurants in the Southeast, violated federal law by subjecting a transgender employee to a hostile work environment because of her gender identity, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The lawsuit also alleges that Bojangles illegally fired the employee in retaliation for reporting the sexual harassment.

Read more here.

EEOC Sues McDonald’s Franchise for Disability Discrimination

Bentonville Restaurant Management Companies Fired Employee Because of His HIV Status, Agency Charges

LITTLE ROCK, Ark. - A McDonald's restaurant owned and operated by Mathews Management Company and Peach Orchard, Inc. in Bentonville, Ark., violated federal law when it fired an employee because of his HIV-positive status, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

EEOC's suit alleges the companies violated the Americans with Disabilities Act (ADA) when they terminated the employee within days of learning of his HIV status. The suit also alleges the companies maintain a policy of requiring all employees to report the use of prescription medication, also in violation of the ADA.

Read more here.

Proposed EEOC Guidance on National Origin Discrimination Provides Clues to Agency’s Focus

The Equal Employment Opportunity Commission has issued a Proposed Enforcement Guidance on National Origin Discrimination (“PEG”) and is allowing the public to comment through July 1, 2016. The last time the EEOC issued specific guidelines on National Origin Discrimination was in 2002.

The PEG is intended to communicate the EEOC’s position on national origin discrimination, including how the agency will investigate these types of charges. When it becomes final, the PEG will be included in the EEOC’s Compliance Manual and used by EEOC investigators as a resource in conducting investigations. Although the PEG refers to court rulings in this area, this does not mean the EEOC always will follow the majority position of courts on all issues relating to national origin. Rather, the PEG states that, in some cases, the EEOC has its own view on the correct interpretation of the law and will follow its own views.

Read the full statement from Jackson Lewis PC here.

EEOC To Revise Controversial Proposed Pay Data Collection Rules

In a positive development for employers, the U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it would revisit its controversial proposed pay data collection rules, essentially acknowledging that its initial proposal would have been unduly burdensome for businesses.

Fisher Phillips was one of the most vocal critics of the proposed rules, submitting public comments and pointing out the undue burden to be faced by employers, as well as the questionable utility of the data collection and the serious privacy concerns that accompany the gathering and production of this information. The firm is pleased that the agency appears to be prepared to address these concerns.

Read the full statement by Fisher Phillips here.

The Equal Employment Opportunity Commission (EEOC) holds meeting on the Select Task Force on the Study of Harassment in the Workplace

On Monday, June 20, 2016, the Equal Employment Opportunity Commission (EEOC) held a meeting at its headquarters in Washington, D.C. to present findings of the Select Task Force on the Study of Harassment in the Workplace. Authors of the report, EEOC Commissioners Chai R. Feldblum and Victoria A. Lipnic, underlined their study and recommendations for addressing workplace harassment.

Eighteen months ago the Select Task Force was formed to identify key issues related to harassment in the workplace. The Task Force included a diverse group of legal specialists, social scientists, employees and employers, and others, who provided expertise and listened to witness testimony during a series of public and private hearings held throughout the past year-and-a-half.

According to the report, existing efforts and policies to prevent harassment in the workplace have been largely ineffective. Nearly one-third of the complaints received by the EEOC in 2015 involved workplace harassment. About 75 percent of those who experience harassment never report the misconduct.

In addition to strengthening and reviewing existing programs, the study recommended the implementation of civility and bystander intervention training. Civility training can reduce harassment by promoting work environments where employees are treated with respect and dignity. Bystander intervention initiatives are meant to empower coworkers to speak up when they observe inappropriate or offensive behavior. Additionally suggested is the creation of a nationwide “It’s on Us” initiative, similar to the national campaign to reduce sexual violence on college campuses through witness intervention. Such a program could promote a culture of shared responsibility to stop harassment in the workplace.

The report stressed the importance of leadership in preventing harassment. Management must initiate and be involved in harassment prevention efforts and accountability systems.

At the meeting, Commissioners Lipnic and Feldblum advocated for each of these measures as part of a holistic approach to curb workplace harassment.

Panelists included members of the Select Task Force, Joseph M. Sellers and Rae T. Vann, as well as Professor of Psychology and Women’s Studies at the University of Michigan, Lilia Cortina and President of Sepler & Associates, Fran Sepler. Chair of the EEOC Jenny R. Yang was also in attendance.

The full report may be accessed on the EEOC website here.

An executive summary of the report may be accessed here.

More information on the meeting as well as full written testimonies of the panelists may be accessed here.

Sexual harassment training 'not as effective' in stopping behavior at work

Federal labor regulators have concluded that sexual harassment prevention training is often ineffective and sometimes even harmful, in a new report that strengthens growing claims that US universities are failing to combat gender discrimination.

A taskforce of the US Equal Employment Opportunity Commission found that workplace initiatives targeting harassment are generally focused on avoiding legal liability instead of stopping misconduct, echoing concerns of faculty at the University of California at Berkeley, which has received international attention for its high-profile scandals.

Read the full Guardian story here.

IFCO Systems Will Pay $202,200 In Landmark Settlement Of One Of EEOC’s First Sexual Orientation Discrimination Lawsuits

Company Fired Worker Who Complained About Sexual Orientation Harassment, Federal Agency Charged

BALTIMORE - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Pallet Companies, doing business as IFCO Systems, will pay $202,200 and provide significant equitable relief to settle one of EEOC's first lawsuits alleging sex discrimination based on sexual orientation.

Read more here.