Moving Company Fired an Employee Because She Complained of Harassment, Agency Says
DETROIT - Morse Moving & Storage, a residential and corporate moving services provider based in Romulus, Mich., will pay $30,000 to settle a retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
Read the story here.
Showing posts with label racial harassment. Show all posts
Showing posts with label racial harassment. Show all posts
Monday, May 2, 2016
Monday, February 22, 2016
State Senator Stands Up for High Schoolers Racially Harassed at Texas A&M
By Sheryl Estrada, DiversityInc.
A group of approximately 60 Black and Latino high school juniors from Uplift Hampton Preparatory School in Dallas toured the Texas A&M University’s College Station campus last week. They were subjected to racial slurs from white college students, who also shouted “Go back where you came from.”
Read the story here.
A group of approximately 60 Black and Latino high school juniors from Uplift Hampton Preparatory School in Dallas toured the Texas A&M University’s College Station campus last week. They were subjected to racial slurs from white college students, who also shouted “Go back where you came from.”
Read the story here.
Related content:
- One A&M student gone after racist confrontation with Dallas teens, but school won’t say more (The Dallas Morning News)
- U.S. Attorney’s Office To Investigate Civil Rights Complaints At Boston Latin School (The Guardian)
- What’s the Best Way to Lead After a Racial Incident on Campus? (The Chronicle of Higher Education - requires paid subscription)
- After Black High Schoolers Harassed, A&M Apologizes (Texas Tribune)
- Texas A&M apologizes after minorities told to ‘go back where you came from’(The Washington Post)
- A&M says it has identified some of the students involved in racial harassment of high schoolers; sends thousands of letters of apology (Dallas Morning News)
- Texas A&M Investigating After Black High Schoolers Harassed on Campus (Texas Tribune)
- Texas A&M investigates alleged racial abuse of black high schoolers on visit (The Guardian)
Tuesday, December 1, 2015
Education Department Receives Many Complaints about Racial Harassment in Higher Education
Education Department has received more than 1,000 filings on racial harassment in higher ed in last seven years. But only a fraction result in any findings.
By Scott Jaschik, Inside Higher Ed
In an op-ed this month on rising racial tensions on campus, Education Secretary Arne Duncan noted that in his seven years in office, the department's Office for Civil Rights has received more than 1,000 complaints about racial harassment in higher education. He said this statistic was an indication that the current concerns about race on campus are "no small issue." Duncan didn't note how small a proportion of those complaints have resulted in findings of discrimination. Most of the complaints, in fact, never result in a complete investigation by OCR, let alone a finding. That isn't necessarily a sign of weak complaints or of poor enforcement by OCR. A review of more information provided by the Education Department, however, may illustrate why students are turning to campus protests and not to Washington with their grievances.
Read the story here.
By Scott Jaschik, Inside Higher Ed
In an op-ed this month on rising racial tensions on campus, Education Secretary Arne Duncan noted that in his seven years in office, the department's Office for Civil Rights has received more than 1,000 complaints about racial harassment in higher education. He said this statistic was an indication that the current concerns about race on campus are "no small issue." Duncan didn't note how small a proportion of those complaints have resulted in findings of discrimination. Most of the complaints, in fact, never result in a complete investigation by OCR, let alone a finding. That isn't necessarily a sign of weak complaints or of poor enforcement by OCR. A review of more information provided by the Education Department, however, may illustrate why students are turning to campus protests and not to Washington with their grievances.
Read the story here.
Related content:
Monday, April 16, 2012
UCSD, feds agree on racial harassment settlement
UT San Diego
Karen Kucher
10:45 a.m., April 13, 2012
Updated 6:36 p.m.
Complaints involving noose, KKK-style hood sparked federal probe
UC San Diego has voluntarily agreed to take steps to prevent racial harassment on the La Jolla campus after federal officials launched an investigation into several complaints, including the public display of nooses and a Ku Klux Klan-style hood in 2010.
Under terms of the agreement, which was announced Friday, the university will maintain an office to receive, investigate and resolve complaints of harassment and discrimination; revise its campus policies regarding racial harassment to ensure they are consistent with federal civil rights law; and provide training for staff and students.
Full Story: http://www.utsandiego.com/news/2012/apr/13/ucsd-agrees-racial-harassement-prevention-efforts/
Karen Kucher
10:45 a.m., April 13, 2012
Updated 6:36 p.m.
Complaints involving noose, KKK-style hood sparked federal probe
UC San Diego has voluntarily agreed to take steps to prevent racial harassment on the La Jolla campus after federal officials launched an investigation into several complaints, including the public display of nooses and a Ku Klux Klan-style hood in 2010.
Under terms of the agreement, which was announced Friday, the university will maintain an office to receive, investigate and resolve complaints of harassment and discrimination; revise its campus policies regarding racial harassment to ensure they are consistent with federal civil rights law; and provide training for staff and students.
Full Story: http://www.utsandiego.com/news/2012/apr/13/ucsd-agrees-racial-harassement-prevention-efforts/
Monday, April 2, 2012
Harassment policies help limit employer liability
Lexology
Masuda Funai Eifert & Mitchell Ltd
Brian Caster
USA
March 26 2012
Companies should make sure they have in place preventive or corrective policies for handling harassment in the workplace. As the Eighth Circuit recently reaffirmed in Crawford v. BNSF Railway Company, an employer with an effective preventive harassment policy can use this as a shield to vicarious liability for an employee’s harassment.
In Crawford, several employees allegedly suffered sexual and racial harassment at the hands of a supervisor. The employees did not report the supervisor’s behavior to their employer, BNSF, nor did they take advantage of BNSF’s “zero tolerance” harassment policy. Once BNSF found out about the supervisor’s behavior, it took remedial measures, eventually terminating the supervisor.
Full Story: http://www.lexology.com/library/detail.aspx?g=e951b3e9-51c0-470a-8cdf-ae6e40e41e50&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-03-29&utm_term=
Masuda Funai Eifert & Mitchell Ltd
Brian Caster
USA
March 26 2012
Companies should make sure they have in place preventive or corrective policies for handling harassment in the workplace. As the Eighth Circuit recently reaffirmed in Crawford v. BNSF Railway Company, an employer with an effective preventive harassment policy can use this as a shield to vicarious liability for an employee’s harassment.
In Crawford, several employees allegedly suffered sexual and racial harassment at the hands of a supervisor. The employees did not report the supervisor’s behavior to their employer, BNSF, nor did they take advantage of BNSF’s “zero tolerance” harassment policy. Once BNSF found out about the supervisor’s behavior, it took remedial measures, eventually terminating the supervisor.
Full Story: http://www.lexology.com/library/detail.aspx?g=e951b3e9-51c0-470a-8cdf-ae6e40e41e50&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-03-29&utm_term=
Tuesday, November 15, 2011
Williams Cancels Classes to Reflect on Hate Speech
Inside Higher Ed
November 15, 2011 - 3:00am
Williams College canceled all classes and athletic activities Monday after an incident of apparent racial bias -- and the college's initial response to it -- agitated many students. The phrase “All Niggers Must Die” was found scrawled on a hallway wall in a campus dorm early Saturday morning, according to a statement released by Adam Falk, the college’s president. An initial e-mail to the campus angered students who thought the message's wording was vague, said Colin Adams, a member of the college’s faculty steering committee and professor of mathematics.
Read more: http://www.insidehighered.com/quicktakes/2011/11/15/williams-cancels-classes-reflect-hate-speech#ixzz1doAMUaLI
November 15, 2011 - 3:00am
Williams College canceled all classes and athletic activities Monday after an incident of apparent racial bias -- and the college's initial response to it -- agitated many students. The phrase “All Niggers Must Die” was found scrawled on a hallway wall in a campus dorm early Saturday morning, according to a statement released by Adam Falk, the college’s president. An initial e-mail to the campus angered students who thought the message's wording was vague, said Colin Adams, a member of the college’s faculty steering committee and professor of mathematics.
Read more: http://www.insidehighered.com/quicktakes/2011/11/15/williams-cancels-classes-reflect-hate-speech#ixzz1doAMUaLI
Thursday, August 18, 2011
NYU pays major settlement in racial discrimination suit
CNN.com
By Julie Cannold, CNN
cnnAuthor
August 17, 2011 1:14 p.m. EDT
New York (CNN) -- New York University will pay $210,000 to settle a harassment lawsuit after an employee was subjected to racial slurs and insults, according to a statement from the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC, the supervisor of the mailroom at NYU's Bobst Library repeatedly referred to an African employee as a "monkey" and "gorilla," lodged insults such as "do you want a banana?" and "go back to your cage," and referred to the employees accented English as "gibberish."
Full Story: http://www.cnn.com/2011/US/08/17/new.york.nyu.suit/
By Julie Cannold, CNN
cnnAuthor
August 17, 2011 1:14 p.m. EDT
New York (CNN) -- New York University will pay $210,000 to settle a harassment lawsuit after an employee was subjected to racial slurs and insults, according to a statement from the U.S. Equal Employment Opportunity Commission (EEOC).
According to the EEOC, the supervisor of the mailroom at NYU's Bobst Library repeatedly referred to an African employee as a "monkey" and "gorilla," lodged insults such as "do you want a banana?" and "go back to your cage," and referred to the employees accented English as "gibberish."
Full Story: http://www.cnn.com/2011/US/08/17/new.york.nyu.suit/
Monday, April 25, 2011
Employer's swift and serious response to initial complaint of discrimination pays off
Lexology.com
Fenwick & West LLP
Victor Schachter and Betsy White
USA
April 8 2011
A recently issued decision by the First Circuit Court of Appeals (Boston), Wilson v. Moulison North Corporation, provides an excellent example of how employers can avoid liability for harassment through preventive measures and follow-through. Plaintiff, an African-American employee, brought a Title VII action against his employer alleging race-based hostile work environment and retaliation. After receiving racial slurs and racially derogatory statements from his co-workers during his first week of employment, the plaintiff telephoned Moulison, the company's owner and chief executive, and told him what had happened.
Full Story: http://www.lexology.com/library/detail.aspx?g=042444c5-33f9-4d17-86a4-76c711779780&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-04-21&utm_term=
Fenwick & West LLP
Victor Schachter and Betsy White
USA
April 8 2011
A recently issued decision by the First Circuit Court of Appeals (Boston), Wilson v. Moulison North Corporation, provides an excellent example of how employers can avoid liability for harassment through preventive measures and follow-through. Plaintiff, an African-American employee, brought a Title VII action against his employer alleging race-based hostile work environment and retaliation. After receiving racial slurs and racially derogatory statements from his co-workers during his first week of employment, the plaintiff telephoned Moulison, the company's owner and chief executive, and told him what had happened.
Full Story: http://www.lexology.com/library/detail.aspx?g=042444c5-33f9-4d17-86a4-76c711779780&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-04-21&utm_term=
Ganley Lincoln of Bedford Settles EEOC Racial Harassment Suit for $300,000
US Equal Employment Opportunity Commission
PRESS RELEASE
4-20-11
Former General Manager Jay Walsh Regularly Insulted and Mistreated African-Americans, Federal Agency Charges
CLEVELAND – Ganley Lincoln of Bedford, Inc., an auto dealership in Bedford, Ohio, will pay $300,000 to four African-Americans to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that Jay Walsh, Ganley’s general manager at the time, routinely used derogatory terms to refer to blacks, customers as well as employees, including the epithet “n----r.” Walsh, in referring to an older African-American employee, wished the “old n----r ... would hurry up and die.” Further, the agency charged, Walsh utilized a compensation system that disadvantaged black salespeople with regard to sales opportunities and commissions.
Racial discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit, No. 1:07cv2829, in U.S. District Court for the Northern District of Ohio, Eastern Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the monetary relief, the two-year consent decree settling the suit provides for training on employee rights and employer obligations under Title VII, as well as supervisor accountability with regard to racial discrimination. The decree also requires Ganley to post a notice to employees about the lawsuit that provides the EEOC’s contact information.
“Racial harassment is utterly unacceptable and illegal,” said EEOC Regional Attorney Debra Lawrence. “It demeans the entire workplace as well as the direct victims. This settlement – both the monetary relief and the training -- will help ensure that African-Americans at this company will never have to face such abuse again.”
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/4-20-11c.cfm
PRESS RELEASE
4-20-11
Former General Manager Jay Walsh Regularly Insulted and Mistreated African-Americans, Federal Agency Charges
CLEVELAND – Ganley Lincoln of Bedford, Inc., an auto dealership in Bedford, Ohio, will pay $300,000 to four African-Americans to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that Jay Walsh, Ganley’s general manager at the time, routinely used derogatory terms to refer to blacks, customers as well as employees, including the epithet “n----r.” Walsh, in referring to an older African-American employee, wished the “old n----r ... would hurry up and die.” Further, the agency charged, Walsh utilized a compensation system that disadvantaged black salespeople with regard to sales opportunities and commissions.
Racial discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit, No. 1:07cv2829, in U.S. District Court for the Northern District of Ohio, Eastern Division, after first attempting to reach a pre-litigation settlement through its conciliation process.
In addition to the monetary relief, the two-year consent decree settling the suit provides for training on employee rights and employer obligations under Title VII, as well as supervisor accountability with regard to racial discrimination. The decree also requires Ganley to post a notice to employees about the lawsuit that provides the EEOC’s contact information.
“Racial harassment is utterly unacceptable and illegal,” said EEOC Regional Attorney Debra Lawrence. “It demeans the entire workplace as well as the direct victims. This settlement – both the monetary relief and the training -- will help ensure that African-Americans at this company will never have to face such abuse again.”
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/4-20-11c.cfm
Ralph Jones Sheet Metal Settles EEOC Racial Harassment Suit for $160,000
US Equal Employment Opportunity Commission
PRESS RELEASE
4-22-11
White Supervisor Routinely Insulted and Demeaned African-Americans, Federal Agency Charges
MEMPHIS, Tenn. – Ralph Jones Sheet Metal, Inc., an architectural sheet metal company located in Memphis, will pay $160,000 to former African-American employees to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that a white supervisor and other employees subjected African-American employees to racially offensive comments. The EEOC charged that the supervisor regularly referred to African-American employees with the epithet “n----r” and used other slurs. In addition, the EEOC charged that racial graffiti was on display in common areas and on company equipment.
Race discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit, No. 2:09-cv-02636, in U.S. District Court for the Western District of Tennessee, Western Division, after first attempting to settle the matter through its conciliation process.
In addition to monetary relief, the 18-month consent decree settling the lawsuit provides for training on employee rights under Title VII, and requires Ralph Jones Sheet Metal 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.
“Employees should not have to endure a racially hostile work environment as it is a violation of federal law,” said Faye Williams, regional attorney for the EEOC’s Memphis District Office. “It is appalling that racial harassment and the use of racial slurs remain so pervasive in today’s workplace. The EEOC will continue to forcefully fight against this misconduct.”
According to company information, Ralph Jones Sheet Metal fabricates and installs architectural panels made from aluminum composite, copper and stainless steel.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
PRESS RELEASE
4-22-11
White Supervisor Routinely Insulted and Demeaned African-Americans, Federal Agency Charges
MEMPHIS, Tenn. – Ralph Jones Sheet Metal, Inc., an architectural sheet metal company located in Memphis, will pay $160,000 to former African-American employees to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In its lawsuit, the EEOC charged that a white supervisor and other employees subjected African-American employees to racially offensive comments. The EEOC charged that the supervisor regularly referred to African-American employees with the epithet “n----r” and used other slurs. In addition, the EEOC charged that racial graffiti was on display in common areas and on company equipment.
Race discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit, No. 2:09-cv-02636, in U.S. District Court for the Western District of Tennessee, Western Division, after first attempting to settle the matter through its conciliation process.
In addition to monetary relief, the 18-month consent decree settling the lawsuit provides for training on employee rights under Title VII, and requires Ralph Jones Sheet Metal 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.
“Employees should not have to endure a racially hostile work environment as it is a violation of federal law,” said Faye Williams, regional attorney for the EEOC’s Memphis District Office. “It is appalling that racial harassment and the use of racial slurs remain so pervasive in today’s workplace. The EEOC will continue to forcefully fight against this misconduct.”
According to company information, Ralph Jones Sheet Metal fabricates and installs architectural panels made from aluminum composite, copper and stainless steel.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Thursday, November 11, 2010
Justice Department Reaches Settlement with University of South Carolina to Ensure Students Are Free from Harassment
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, November 10, 2010
Justice Department Reaches Settlement with University of South Carolina to Ensure Students Are Free from Harassment
WASHINGTON – The Justice Department reached a settlement agreement with the University of South Carolina to resolve an investigation into the university’s policies and procedures related to discrimination and harassment.
After receiving a report of race discrimination on campus, the department examined the university’s policies and practices related to the handling of complaints of discrimination and harassment. Federal civil rights laws require public institutions to appropriately address and respond to such complaints. To meet this federal standard, the university agreed to improve its policies and practices for receiving, investigating and resolving complaints of discrimination and harassment. The settlement agreement will ensure that students, faculty and administrators understand and are trained on their responsibilities under the university’s policies, including when and how to report incidents of harassment or discrimination, and will require the university to respond to such complaints in a timely and effective manner. In order to ensure ongoing compliance with its revised policies, the university also will train select administrators, faculty and students to lead future trainings on campus. The settlement provides that the university will adopt revised anti-discrimination and harassment policies before the start of the 2011-12 school year and will initiate training during the spring 2012 semester.
"Public institutions of higher education must ensure that their students are not denied equal access to educational opportunities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "Public institutions must adopt policies and procedures that allow them to identify and respond to allegations of discrimination and harassment in a reasonable, timely and effective manner. I applaud the University of South Carolina for entering into an agreement that will communicate to students, faculty, administrators, and the public at large, that discrimination and harassment will not be tolerated on its campus."
The enforcement of Title IV is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt .
10-1276
Civil Rights Division
http://www.justice.gov/opa/pr/2010/November/10-crt-1276.html
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, November 10, 2010
Justice Department Reaches Settlement with University of South Carolina to Ensure Students Are Free from Harassment
WASHINGTON – The Justice Department reached a settlement agreement with the University of South Carolina to resolve an investigation into the university’s policies and procedures related to discrimination and harassment.
After receiving a report of race discrimination on campus, the department examined the university’s policies and practices related to the handling of complaints of discrimination and harassment. Federal civil rights laws require public institutions to appropriately address and respond to such complaints. To meet this federal standard, the university agreed to improve its policies and practices for receiving, investigating and resolving complaints of discrimination and harassment. The settlement agreement will ensure that students, faculty and administrators understand and are trained on their responsibilities under the university’s policies, including when and how to report incidents of harassment or discrimination, and will require the university to respond to such complaints in a timely and effective manner. In order to ensure ongoing compliance with its revised policies, the university also will train select administrators, faculty and students to lead future trainings on campus. The settlement provides that the university will adopt revised anti-discrimination and harassment policies before the start of the 2011-12 school year and will initiate training during the spring 2012 semester.
"Public institutions of higher education must ensure that their students are not denied equal access to educational opportunities," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "Public institutions must adopt policies and procedures that allow them to identify and respond to allegations of discrimination and harassment in a reasonable, timely and effective manner. I applaud the University of South Carolina for entering into an agreement that will communicate to students, faculty, administrators, and the public at large, that discrimination and harassment will not be tolerated on its campus."
The enforcement of Title IV is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt .
10-1276
Civil Rights Division
http://www.justice.gov/opa/pr/2010/November/10-crt-1276.html
Monday, September 13, 2010
Eclipse Advantage Sued by EEOC for Racially Hostile Work Environment and Retaliation
U.S. Equal Employment Opportunity Commission
PRESS RELEASE
9-8-10
Black Employee Subjected to Racial Slurs, Demotion and Subsequent Termination, Federal Agency Charges
CLEVELAND - The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today that Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio.
In its suit (Case No. 1:10-cv-02001), filed in U.S. District Court for the Northern District of Ohio, Eastern Division, the EEOC charged that Rodney Williams began working in a supervisory position with the company in August 2009, and shortly thereafter was subjected to racial epithets from his superiors. On his first day, Williams was asked if he was a “black man or a n----r.” The complaint alleges that management frequently used racial slurs, most notably the N-word in the workplace. Additionally, the EEOC says that Williams was demoted from supervisor to team lead and then discharged from his position as a team lead after complaining about a racially hostile work environment.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on national origin, race, color, sex (including sexual harassment or pregnancy) or religion and protects employees who complain about or oppose such discrimination from retaliation.
The EEOC filed suit after first attempting to reach a pre-litigation settlement. The EEOC seeks to eliminate these discriminatory practices and have Eclipse Advantage compensate Williams for his losses and provide equal opportunities to black employees.
“This case shows that racial harassment continues to permeate too many American work environments,” said EEOC Philadelphia Regional Attorney Debra Lawrence, whose district includes parts of Ohio. “As bad as this racial abuse was, Eclipse made a bad situation worse by punishing the victim for complaining. This kind of misconduct is completely unconscionable and illegal, and the EEOC will continue to fight it.”
According to company information, Eclipse Advantage provides distribution services and IT solutions at approximately 45 customer locations throughout the United States and Canada.
In Fiscal Year 2009, the EEOC received 33,579 charges alleging race-based discrimination, accounting for 36 percent of the agency's private sector caseload. Historically, race-based charges have been the most frequent type of filing with EEOC offices nationwide.
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/9-8-10b.cfm
PRESS RELEASE
9-8-10
Black Employee Subjected to Racial Slurs, Demotion and Subsequent Termination, Federal Agency Charges
CLEVELAND - The U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today that Eclipse Advantage, Inc., violated federal law by subjecting an African-American employee to racial discrimination and retaliation at its Aldi Food Service warehouse in Hinckley, Ohio.
In its suit (Case No. 1:10-cv-02001), filed in U.S. District Court for the Northern District of Ohio, Eastern Division, the EEOC charged that Rodney Williams began working in a supervisory position with the company in August 2009, and shortly thereafter was subjected to racial epithets from his superiors. On his first day, Williams was asked if he was a “black man or a n----r.” The complaint alleges that management frequently used racial slurs, most notably the N-word in the workplace. Additionally, the EEOC says that Williams was demoted from supervisor to team lead and then discharged from his position as a team lead after complaining about a racially hostile work environment.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on national origin, race, color, sex (including sexual harassment or pregnancy) or religion and protects employees who complain about or oppose such discrimination from retaliation.
The EEOC filed suit after first attempting to reach a pre-litigation settlement. The EEOC seeks to eliminate these discriminatory practices and have Eclipse Advantage compensate Williams for his losses and provide equal opportunities to black employees.
“This case shows that racial harassment continues to permeate too many American work environments,” said EEOC Philadelphia Regional Attorney Debra Lawrence, whose district includes parts of Ohio. “As bad as this racial abuse was, Eclipse made a bad situation worse by punishing the victim for complaining. This kind of misconduct is completely unconscionable and illegal, and the EEOC will continue to fight it.”
According to company information, Eclipse Advantage provides distribution services and IT solutions at approximately 45 customer locations throughout the United States and Canada.
In Fiscal Year 2009, the EEOC received 33,579 charges alleging race-based discrimination, accounting for 36 percent of the agency's private sector caseload. Historically, race-based charges have been the most frequent type of filing with EEOC offices nationwide.
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/9-8-10b.cfm
Monday, August 16, 2010
Elmer W. Davis To Pay $1 Million To Settle EEOC Race Discrimination Lawsuit
US Equal Employment Opportunity Commission
PRESS RELEASE-10-10
Roofing Company Charged with Racial Harassment, Discriminatory Job Assignments, and Failure to Promote African-American Employees
ROCHESTER, N.Y. - Elmer W. Davis, Inc., the largest commercial roofing contractor in New York State and one of the top 40 largest commercial roofing contractors in the United States, will pay $1 million to African-American employees to settle a race discrimination lawsuit brought by the U. S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. This is the largest EEOC settlement ever in Rochester.
The EEOC’s lawsuit (Civil Action No. 07-CV-06434), filed in U.S. District Court for the Western District of New York in Rochester in 2007, charged that black employees at Elmer Davis were subjected to a pattern of race discrimination, including harassment, unfair work assignments, failure to be promoted, and retaliation for complaining about discrimination from at least 1993 through the present.
According to dozens of African-American employees, they were constantly subjected to racial slurs by their white foremen. Blacks were routinely referred to as “n----r,” “lazy n-----rs,” “sambo,” “slave,” and “monkey.” Foremen also frequently made comments like, “All n----rs should get on a boat and go back to Africa.” They were also exposed to nooses and racially offensive graffiti like “dirty n----r,” “KKK” and swastikas written on the walls of the portable toilets at work sites.
The lawsuit also charged the roofing company with subjecting African-American employees to disparate treatment in job assignments, claiming that it generally reserved the most difficult, dirty and less desirable jobs for black workers, including “tear off” and “hot tar” jobs, often referred to as the “bull work,” while whites were assigned to detail work and service trucks to conduct repairs.
African-American employees were routinely laid off first at the end of the roofing season and called back last in the beginning of the following season, while whites were laid off later and called back earlier.
The EEOC further charged that the company systematically excluded black employees from promotion opportunities, which it accomplished by using a subjective system of promotions without job announcements or an application process, and actively discouraging black employees from seeking promotions.
The EEOC alleged that Elmer Davis’s conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex or national origin. The case was investigated by the Buffalo Local Office of the EEOC before it proceeded to court.
Elmer Davis will be bound by a five-year consent decree which, in addition to the $1 Million monetary relief for the victims of discrimination, enjoins the company from engaging in further race discrimination or retaliation. The decree requires Elmer Davis to hire an EEO Coordinator to provide training, monitor race discrimination complaints, and report to the EEOC on hiring, layoff and promotion. The decree has been submitted to U. S. District Court Judge Siragusa for approval.
“This settlement marks the end of decades of ugly and unlawful discrimination against African-American employees at Elmer Davis,” said Spencer Lewis, district director for the EEOC’s New York District Office. “No employee should have to endure slurs and other harassment in order to do his job. The EEOC will remain vigilant to protect workers from these types of abuses.”
Trial Attorney Judith Biltekoff added, “This consent decree will not only right the wrongs perpetrated against the African-American employees at Elmer Davis, but also promote a race-neutral work environment for all employees going forward.”
The EEOC has a fact sheet on race discrimination available on its website at http://www.eeoc.gov/facts/fs-race.html.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its website at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/8-10-10a.cfm
PRESS RELEASE-10-10
Roofing Company Charged with Racial Harassment, Discriminatory Job Assignments, and Failure to Promote African-American Employees
ROCHESTER, N.Y. - Elmer W. Davis, Inc., the largest commercial roofing contractor in New York State and one of the top 40 largest commercial roofing contractors in the United States, will pay $1 million to African-American employees to settle a race discrimination lawsuit brought by the U. S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. This is the largest EEOC settlement ever in Rochester.
The EEOC’s lawsuit (Civil Action No. 07-CV-06434), filed in U.S. District Court for the Western District of New York in Rochester in 2007, charged that black employees at Elmer Davis were subjected to a pattern of race discrimination, including harassment, unfair work assignments, failure to be promoted, and retaliation for complaining about discrimination from at least 1993 through the present.
According to dozens of African-American employees, they were constantly subjected to racial slurs by their white foremen. Blacks were routinely referred to as “n----r,” “lazy n-----rs,” “sambo,” “slave,” and “monkey.” Foremen also frequently made comments like, “All n----rs should get on a boat and go back to Africa.” They were also exposed to nooses and racially offensive graffiti like “dirty n----r,” “KKK” and swastikas written on the walls of the portable toilets at work sites.
The lawsuit also charged the roofing company with subjecting African-American employees to disparate treatment in job assignments, claiming that it generally reserved the most difficult, dirty and less desirable jobs for black workers, including “tear off” and “hot tar” jobs, often referred to as the “bull work,” while whites were assigned to detail work and service trucks to conduct repairs.
African-American employees were routinely laid off first at the end of the roofing season and called back last in the beginning of the following season, while whites were laid off later and called back earlier.
The EEOC further charged that the company systematically excluded black employees from promotion opportunities, which it accomplished by using a subjective system of promotions without job announcements or an application process, and actively discouraging black employees from seeking promotions.
The EEOC alleged that Elmer Davis’s conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex or national origin. The case was investigated by the Buffalo Local Office of the EEOC before it proceeded to court.
Elmer Davis will be bound by a five-year consent decree which, in addition to the $1 Million monetary relief for the victims of discrimination, enjoins the company from engaging in further race discrimination or retaliation. The decree requires Elmer Davis to hire an EEO Coordinator to provide training, monitor race discrimination complaints, and report to the EEOC on hiring, layoff and promotion. The decree has been submitted to U. S. District Court Judge Siragusa for approval.
“This settlement marks the end of decades of ugly and unlawful discrimination against African-American employees at Elmer Davis,” said Spencer Lewis, district director for the EEOC’s New York District Office. “No employee should have to endure slurs and other harassment in order to do his job. The EEOC will remain vigilant to protect workers from these types of abuses.”
Trial Attorney Judith Biltekoff added, “This consent decree will not only right the wrongs perpetrated against the African-American employees at Elmer Davis, but also promote a race-neutral work environment for all employees going forward.”
The EEOC has a fact sheet on race discrimination available on its website at http://www.eeoc.gov/facts/fs-race.html.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its website at www.eeoc.gov.
http://www.eeoc.gov/eeoc/newsroom/release/8-10-10a.cfm
Wednesday, April 14, 2010
Feds slam Texas factory over discrimination claims
CNN.com
By the CNN Wire Staff
April 14, 2010 5:47 p.m. EDT
Dallas, Texas (CNN) -- African-American workers at a Texas pipe factory endured a string of racial slurs and harassment and were targeted by their managers when they complained, federal investigators have determined.
Black employees at the Turner Industries plant in Paris, Texas, regularly "were subjected to unwelcome racial slurs, comments and intimidation, racial graffiti, nooses in the workplace and other symbols of discrimination," the Equal Employment Opportunity Commission reported.
Black workers also were denied promotions and disciplined more harshly than whites, the agency concluded in a three-page letter in late March. Managers at the plant not only were aware of a "hostile environment," they also targeted workers who complained and disciplined white employees who opposed the harassment, the EEOC found.
Black employees at the Turner Industries plant in Paris, Texas, regularly "were subjected to unwelcome racial slurs, comments and intimidation, racial graffiti, nooses in the workplace and other symbols of discrimination," the Equal Employment Opportunity Commission reported.
Black workers also were denied promotions and disciplined more harshly than whites, the agency concluded in a three-page letter in late March. Managers at the plant not only were aware of a "hostile environment," they also targeted workers who complained and disciplined white employees who opposed the harassment, the EEOC found.
Tuesday, April 13, 2010
Race-based comment found not to be "hostile"
Lexology
Ogletree Deakins
USA April 2 2010
Court Rejects Harassment Claim, Noting Worker's Inaction
A federal appellate court recently held that an employee who claimed he was subjected to 14 months of racially-motivated comments cannot succeed on his Title VII racial harassment claim. According to the Seventh Circuit Court of Appeals, the case must be dismissed because the alleged behavior was not "severe and pervasive" and the employee failed to adequately pursue his complaint with his supervisors. Ford v. Minteq Shapes and Services, Inc., No. 09-2140, Seventh Circuit Court of Appeals (November 24, 2009).
Factual Background
Dennis Ford was employed by Min-teq Shapes and Services, Inc. (MSS) at its Portage, Indiana facility. Ford, who had worked at MSS as a forklift operator for 13 years, was the only African-American employee on site.
Ford claimed that over a 14-month period a co-worker, Joseph Wampler, often referred to him as "black African-American" or "black man." The behavior stopped when his supervisor, Steve Smith, and co-worker Miguel Altieri overheard Wampler's comments and reprimanded him.
Ford claimed that he reported Wampler's comments and several other concerns to Laura Beemsterboer, the Manager of Human Resources. Specifically, Ford alleged: that his supervisor, Ronald Humphreys, once told him that he didn't have to worry about his job because MSS "wanted to appear integrated"; that another supervisor, Lee Nuzzo, once called him a "gorilla"; and that MSS barred Ford but not oth-ers from bringing their grandchildren to the company's Christmas parties.
Full Story: http://www.lexology.com/library/detail.aspx?g=73a5f40f-a821-4d94-9086-2157eee1d404&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-04-13&utm_term=
Ogletree Deakins
USA April 2 2010
Court Rejects Harassment Claim, Noting Worker's Inaction
A federal appellate court recently held that an employee who claimed he was subjected to 14 months of racially-motivated comments cannot succeed on his Title VII racial harassment claim. According to the Seventh Circuit Court of Appeals, the case must be dismissed because the alleged behavior was not "severe and pervasive" and the employee failed to adequately pursue his complaint with his supervisors. Ford v. Minteq Shapes and Services, Inc., No. 09-2140, Seventh Circuit Court of Appeals (November 24, 2009).
Factual Background
Dennis Ford was employed by Min-teq Shapes and Services, Inc. (MSS) at its Portage, Indiana facility. Ford, who had worked at MSS as a forklift operator for 13 years, was the only African-American employee on site.
Ford claimed that over a 14-month period a co-worker, Joseph Wampler, often referred to him as "black African-American" or "black man." The behavior stopped when his supervisor, Steve Smith, and co-worker Miguel Altieri overheard Wampler's comments and reprimanded him.
Ford claimed that he reported Wampler's comments and several other concerns to Laura Beemsterboer, the Manager of Human Resources. Specifically, Ford alleged: that his supervisor, Ronald Humphreys, once told him that he didn't have to worry about his job because MSS "wanted to appear integrated"; that another supervisor, Lee Nuzzo, once called him a "gorilla"; and that MSS barred Ford but not oth-ers from bringing their grandchildren to the company's Christmas parties.
Full Story: http://www.lexology.com/library/detail.aspx?g=73a5f40f-a821-4d94-9086-2157eee1d404&utm_source=Lexology%20Daily%20Newsfeed&utm_medium=Email&utm_campaign=Lexology%20subscriber%20daily%20feed&utm_content=Lexology%20Daily%20Newsfeed%202010-04-13&utm_term=
Wednesday, April 7, 2010
Report: Judiciary Decision Making Swayed by Race and Ethnicity
Diverse Issues in Higher Education
by William J. Ford , April 6, 2010
A recent examination of federal lawsuit decisions found that plaintiffs charging workplace racial harassment prevailed 45.8 percent of the time when the presiding judge was Black. The percentages decrease by more than half when those cases were heard by a White judge.
However, there were only 24 Black judges, compared with 350 White judges, to hear complaints from about 300 Black plaintiffs.
“African-American judges’ (likely) experiences (with discrimination) give them valuable knowledge, perspectives and understandings of minority plaintiffs that many Whites lack,” the study said. Black judges are better able to identify “subtle and nuanced forms of discrimination,” according to “The Myth of the Color-Blind Judge: An Empirical Analysis of Racial Harassment Cases,” which observers say bolsters arguments for a more diverse judiciary.
Full Story: http://diverseeducation.com/article/13673/report-judiciary-decision-making-swayed-by-race-and-ethnicity.html
For a copy of the report, "MYTH OF THE COLOR-BLIND JUDGE:AN EMPIRICAL ANALYSIS OF RACIALHARASSMENT CASES," go to: http://lawreview.wustl.edu/inprint/86/5/kelley.pdf
by William J. Ford , April 6, 2010
A recent examination of federal lawsuit decisions found that plaintiffs charging workplace racial harassment prevailed 45.8 percent of the time when the presiding judge was Black. The percentages decrease by more than half when those cases were heard by a White judge.
However, there were only 24 Black judges, compared with 350 White judges, to hear complaints from about 300 Black plaintiffs.
“African-American judges’ (likely) experiences (with discrimination) give them valuable knowledge, perspectives and understandings of minority plaintiffs that many Whites lack,” the study said. Black judges are better able to identify “subtle and nuanced forms of discrimination,” according to “The Myth of the Color-Blind Judge: An Empirical Analysis of Racial Harassment Cases,” which observers say bolsters arguments for a more diverse judiciary.
Full Story: http://diverseeducation.com/article/13673/report-judiciary-decision-making-swayed-by-race-and-ethnicity.html
For a copy of the report, "MYTH OF THE COLOR-BLIND JUDGE:AN EMPIRICAL ANALYSIS OF RACIALHARASSMENT CASES," go to: http://lawreview.wustl.edu/inprint/86/5/kelley.pdf
Tuesday, February 23, 2010
Big Lots to Pay $400,000 for Race Harassment
U.S. Equal Employment Opportunity Commission
Press Release: 2/16/10
EEOC Alleged Black Employees Were Subjected to Racial Jokes and Slurs By a Hispanic Supervisor and Co-Workers
LOS ANGELES – The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of its race harassment and discrimination lawsuit against Big Lots, Inc., the nation’s largest broadline closeout retailer. The settlement includes total monetary relief of $400,000 to be paid to least five employees along with a group of unidentified class members. Big Lots also agreed to a two-year consent decree that calls for the implementation of a new policy, training, procedures and court monitoring to address harassment and discrimination in the workplace.
The EEOC originally filed suit against Big Lots in September 2008 in the U.S. District Court for the Central District of California (EEOC v. Big Lots, Inc., CV-08-06355-GW(CTx)). The agency alleged that Big Lots violated Title VII of the Civil Rights Act of 1964 when it subjected a black maintenance mechanic and other black employees to race harassment and discrimination at its Rancho Cucamonga, Calif., distribution center. Specifically, the EEOC alleged that an immediate supervisor and co-workers, all Hispanic, made racially derogatory jokes, comments, slurs and epithets, including the use of the words “n----r” and “monkey.” Despite learning of the harassment, the company took no steps to prevent or correct it.
“Working in a job that they valued highly, the employees in this case rightfully expected to earn a living free of discrimination,” said Anna Park, regional attorney of the EEOC’s Los Angeles District Office. “They should not have had to endure harassment or discrimination based on their race. The EEOC will continue to take all steps necessary to ensure that employees at all workplaces are respected and free from harassment, discrimination and retaliation.”
EEOC District Director Olophius Perry added, “The EEOC is pleased that Big Lots voluntarily entered into a settlement that includes injunctive relief designed to ensure that its black employees are not subjected to harassment or discrimination.”
In fiscal year 2009, the EEOC received 33,579 charges alleging race-based discrimination, accounting for about 36% percent of the agency's private sector caseload. Historically, race-based charges have been one of the most frequent types of filing with EEOC offices nationwide.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Press Release: 2/16/10
EEOC Alleged Black Employees Were Subjected to Racial Jokes and Slurs By a Hispanic Supervisor and Co-Workers
LOS ANGELES – The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of its race harassment and discrimination lawsuit against Big Lots, Inc., the nation’s largest broadline closeout retailer. The settlement includes total monetary relief of $400,000 to be paid to least five employees along with a group of unidentified class members. Big Lots also agreed to a two-year consent decree that calls for the implementation of a new policy, training, procedures and court monitoring to address harassment and discrimination in the workplace.
The EEOC originally filed suit against Big Lots in September 2008 in the U.S. District Court for the Central District of California (EEOC v. Big Lots, Inc., CV-08-06355-GW(CTx)). The agency alleged that Big Lots violated Title VII of the Civil Rights Act of 1964 when it subjected a black maintenance mechanic and other black employees to race harassment and discrimination at its Rancho Cucamonga, Calif., distribution center. Specifically, the EEOC alleged that an immediate supervisor and co-workers, all Hispanic, made racially derogatory jokes, comments, slurs and epithets, including the use of the words “n----r” and “monkey.” Despite learning of the harassment, the company took no steps to prevent or correct it.
“Working in a job that they valued highly, the employees in this case rightfully expected to earn a living free of discrimination,” said Anna Park, regional attorney of the EEOC’s Los Angeles District Office. “They should not have had to endure harassment or discrimination based on their race. The EEOC will continue to take all steps necessary to ensure that employees at all workplaces are respected and free from harassment, discrimination and retaliation.”
EEOC District Director Olophius Perry added, “The EEOC is pleased that Big Lots voluntarily entered into a settlement that includes injunctive relief designed to ensure that its black employees are not subjected to harassment or discrimination.”
In fiscal year 2009, the EEOC received 33,579 charges alleging race-based discrimination, accounting for about 36% percent of the agency's private sector caseload. Historically, race-based charges have been one of the most frequent types of filing with EEOC offices nationwide.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Monday, December 21, 2009
Albertsons Agrees To Pay $8.9 Million For Job Bias Based On Race, Color, National Origin, Retaliation
U.S. Equal Employment Opportunity Commission
Press Release 12/15/09
EEOC Says Employees Subjected to Swastikas, Lynching Drawings, Epithets
DENVER – Albertsons, LLC, a national grocery chain, will pay $8.9 million and furnish other relief to settle three employment discrimination lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged Albertsons with race, color, and national origin discrimination and retaliation at its Aurora, Colo., distribution center. The monetary relief will be distributed among 168 former and current employees.
All three of the EEOC’s cases stemmed from incidents at the Aurora distribution center, which is being closed for unrelated reasons. The first case, EEOC v. Albertsons LLC, Civil Action No. 06-cv-01273, was filed in 2006 and alleged a pattern or practice of workplace harassment and discrimination based on race, color and national origin. According to the lawsuit, minority employees were repeatedly subjected to derogatory comments and graffiti. Blacks were termed “n-----s” and Hispanics termed “s---s,” among other offensive epithets.
The EEOC said the offensive graffiti included racial and ethnic slurs, depictions of lynchings, swastikas, and white supremacist and anti-immigrant statements. The graffiti in a commonly used men’s room was so offensive that several employees would relieve themselves outside the building or go home at lunchtime rather than use the restroom. Some of this graffiti remained for years until the restroom was remodeled in 2005.
The EEOC also charged that minority employees were given harder work assignments and were more frequently and severely disciplined than their white co-workers. According to the EEOC, managers were aware of, and even participated in, the harassment and discrimination.
The second lawsuit, EEOC v. Albertsons LLC, Civil Action No. 08-cv-00640, was filed in 2008 and alleged a pattern or practice of retaliation. The EEOC alleged that dozens of employees complained about the discriminatory treatment and harassment and were subsequently given the harder job assignments, were passed over for promotion and even fired as retaliation.
The third case, EEOC v. Albertsons LLC, Civil Action No. 08-cv-02424, was also filed in 2008 and alleged race discrimination on behalf of a single African American employee at the distribution center who was terminated.
EEOC Acting Chairman Stuart J. Ishimaru said, “Employers simply cannot overlook or tolerate this kind of outrageous discrimination and retaliation. The EEOC certainly won’t. We will aggressively pursue employers who violate the laws we enforce. And we’ll insist on substantial and meaningful relief for the victims before settling these cases.”
Besides the monetary relief, Albertsons agreed to submit to four years of court-ordered monitoring, and to institute an extensive training program to ensure that management is aware of and will comply with equal employment opportunity laws in the future.
EEOC Regional Attorney Mary Jo O’Neill of the Phoenix District, which includes the Denver Field Office, said, “These cases presented the EEOC with some of the most egregious examples of race, color and national origin discrimination the agency has seen in years. The graffiti was particularly shocking. Employers need to aggressively criticize such conduct, seek out the culprits and take swift action. Discrimination, harassment and retaliation are no joke. Supervisors and managers need to take complaints seriously. And they need to know that we, as an agency, take retaliation very seriously.”
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.
Press Release 12/15/09
EEOC Says Employees Subjected to Swastikas, Lynching Drawings, Epithets
DENVER – Albertsons, LLC, a national grocery chain, will pay $8.9 million and furnish other relief to settle three employment discrimination lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged Albertsons with race, color, and national origin discrimination and retaliation at its Aurora, Colo., distribution center. The monetary relief will be distributed among 168 former and current employees.
All three of the EEOC’s cases stemmed from incidents at the Aurora distribution center, which is being closed for unrelated reasons. The first case, EEOC v. Albertsons LLC, Civil Action No. 06-cv-01273, was filed in 2006 and alleged a pattern or practice of workplace harassment and discrimination based on race, color and national origin. According to the lawsuit, minority employees were repeatedly subjected to derogatory comments and graffiti. Blacks were termed “n-----s” and Hispanics termed “s---s,” among other offensive epithets.
The EEOC said the offensive graffiti included racial and ethnic slurs, depictions of lynchings, swastikas, and white supremacist and anti-immigrant statements. The graffiti in a commonly used men’s room was so offensive that several employees would relieve themselves outside the building or go home at lunchtime rather than use the restroom. Some of this graffiti remained for years until the restroom was remodeled in 2005.
The EEOC also charged that minority employees were given harder work assignments and were more frequently and severely disciplined than their white co-workers. According to the EEOC, managers were aware of, and even participated in, the harassment and discrimination.
The second lawsuit, EEOC v. Albertsons LLC, Civil Action No. 08-cv-00640, was filed in 2008 and alleged a pattern or practice of retaliation. The EEOC alleged that dozens of employees complained about the discriminatory treatment and harassment and were subsequently given the harder job assignments, were passed over for promotion and even fired as retaliation.
The third case, EEOC v. Albertsons LLC, Civil Action No. 08-cv-02424, was also filed in 2008 and alleged race discrimination on behalf of a single African American employee at the distribution center who was terminated.
EEOC Acting Chairman Stuart J. Ishimaru said, “Employers simply cannot overlook or tolerate this kind of outrageous discrimination and retaliation. The EEOC certainly won’t. We will aggressively pursue employers who violate the laws we enforce. And we’ll insist on substantial and meaningful relief for the victims before settling these cases.”
Besides the monetary relief, Albertsons agreed to submit to four years of court-ordered monitoring, and to institute an extensive training program to ensure that management is aware of and will comply with equal employment opportunity laws in the future.
EEOC Regional Attorney Mary Jo O’Neill of the Phoenix District, which includes the Denver Field Office, said, “These cases presented the EEOC with some of the most egregious examples of race, color and national origin discrimination the agency has seen in years. The graffiti was particularly shocking. Employers need to aggressively criticize such conduct, seek out the culprits and take swift action. Discrimination, harassment and retaliation are no joke. Supervisors and managers need to take complaints seriously. And they need to know that we, as an agency, take retaliation very seriously.”
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.
Monday, December 14, 2009
Bahama Breeze to Pay $1.26 Million to Settle Suit for Racial Harassment of Black Workers
U.S. Equal Employment Opportunity Commission
December 14, 2009
EEOC Said Restaurant Managers Repeatedly Used Racist Slurs, Including N-word
CLEVELAND – The U.S. Equal Employment Opportunity Commission (EEOC) today announced a class litigation settlement with national restaurant chain Bahama Breeze for $1,260,000 and significant remedial relief in a case alleging repeated racial harassment of 37 black workers at the company’s Beachwood, Ohio location.
In its lawsuit, the EEOC charged that Bahama Breeze managers committed numerous and persistent acts of racial harassment against black employees, including frequently addressing black staff with slurs such as “n….r,” “Aunt Jemima,” “homeboy,” “stupid n….r,” and “you people.” Additionally, managers allegedly imitated what they perceived to be the speech and mannerisms of black employees, and denied them breaks while allowing breaks to white employees. Despite the employees’ complaints to management, the alleged race-based harassment continued.
“No worker should ever have to endure a racially hostile work environment in order to earn a paycheck,” said EEOC Acting Chairman Stuart J. Ishimaru. “It is particularly disturbing when managers engage in and condone the very unlawful conduct they are required to prevent and correct. This sizeable settlement should remind employers of the possible consequences of a failure to promote and maintain a discrimination-free workplace.”
The EEOC filed suit in U.S. District Court for the Northern District of Ohio after first attempting to reach a voluntary settlement out of court (EEOC v. GMRI, Inc. d/b/a Bahama Breeze, 1:08cv2214). In addition to the $1,260,000 in monetary relief obtained for the claimants, the three-year consent decree resolving the litigation contains significant injunctive relief requiring Bahama Breeze to:
Maintain and update its written policies and procedures in all restaurants nationwide, prohibiting employment discrimination, including race discrimination, racial harassment and retaliation;
Provide anti-discrimination and diversity training to all of its Beachwood restaurant employees, including managers;
Comply with EEOC monitoring of the decree and periodically provide written reports regarding any discrimination complaints; and
Display and maintain the EEOC poster in all restaurants currently within the same operational region as the Beachwood restaurant in a place visually accessible to employees.
EEOC Acting Regional Attorney Debra M. Lawrence of the Philadelphia District Office, which oversees parts of Ohio, said, “The black employees in this case, some of them long-term, suffered through egregious race-based mistreatment in order to maintain their jobs. The abusive managers are now gone and we are hopeful that victims can be treated as valued members of the restaurant work force.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
December 14, 2009
EEOC Said Restaurant Managers Repeatedly Used Racist Slurs, Including N-word
CLEVELAND – The U.S. Equal Employment Opportunity Commission (EEOC) today announced a class litigation settlement with national restaurant chain Bahama Breeze for $1,260,000 and significant remedial relief in a case alleging repeated racial harassment of 37 black workers at the company’s Beachwood, Ohio location.
In its lawsuit, the EEOC charged that Bahama Breeze managers committed numerous and persistent acts of racial harassment against black employees, including frequently addressing black staff with slurs such as “n….r,” “Aunt Jemima,” “homeboy,” “stupid n….r,” and “you people.” Additionally, managers allegedly imitated what they perceived to be the speech and mannerisms of black employees, and denied them breaks while allowing breaks to white employees. Despite the employees’ complaints to management, the alleged race-based harassment continued.
“No worker should ever have to endure a racially hostile work environment in order to earn a paycheck,” said EEOC Acting Chairman Stuart J. Ishimaru. “It is particularly disturbing when managers engage in and condone the very unlawful conduct they are required to prevent and correct. This sizeable settlement should remind employers of the possible consequences of a failure to promote and maintain a discrimination-free workplace.”
The EEOC filed suit in U.S. District Court for the Northern District of Ohio after first attempting to reach a voluntary settlement out of court (EEOC v. GMRI, Inc. d/b/a Bahama Breeze, 1:08cv2214). In addition to the $1,260,000 in monetary relief obtained for the claimants, the three-year consent decree resolving the litigation contains significant injunctive relief requiring Bahama Breeze to:
Maintain and update its written policies and procedures in all restaurants nationwide, prohibiting employment discrimination, including race discrimination, racial harassment and retaliation;
Provide anti-discrimination and diversity training to all of its Beachwood restaurant employees, including managers;
Comply with EEOC monitoring of the decree and periodically provide written reports regarding any discrimination complaints; and
Display and maintain the EEOC poster in all restaurants currently within the same operational region as the Beachwood restaurant in a place visually accessible to employees.
EEOC Acting Regional Attorney Debra M. Lawrence of the Philadelphia District Office, which oversees parts of Ohio, said, “The black employees in this case, some of them long-term, suffered through egregious race-based mistreatment in order to maintain their jobs. The abusive managers are now gone and we are hopeful that victims can be treated as valued members of the restaurant work force.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Friday, November 6, 2009
IUPUI employee, student finally receives apology
Examiner.com
November 5, 4:02 PM
Indianapolis Statehouse Examiner
A janitor whom a university official accused of racial harassment for reading a book about the Ku Klux Klan has received a formal apology from the school. Indiana University-Purdue University Indianapolis chancellor, Charles Bantz, apologized to Keith Sampson in a letter dated Friday, saying the school is committed to free expression.The situation began last year when a co-worker complained after seeing Sampson reading Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan. The book’s cover features robed Klansmen and burning crosses on Notre Dame’s campus. The book gives an account of the 1924 riot between Notre Dame students and the Klan in which the students from the South Bend university prevailed. Sampson, who is in addition to working for the university is also a student majoring in communication students, said he tried to explain that the book was a historical account. “I have an interest in American history,” Sampson said. “I was trying to educate myself.”But Sampson says his union representative equated the book to bringing pornography to work, and the school’s affirmative action officer told Sampson his conducted constituted racial harassment. “You used extremely poor judgment by insisting on openly reading the book related to a historically and racially abhorrent subject in the presence of your black co-workers,” Lillian Charleston wrote in a letter to Sampson.
Full Story: http://www.examiner.com/x-19365-Indianapolis-Statehouse-Examiner~y2009m11d5-IUPUI-employee-student-finally-receives-apology
November 5, 4:02 PM
Indianapolis Statehouse Examiner
A janitor whom a university official accused of racial harassment for reading a book about the Ku Klux Klan has received a formal apology from the school. Indiana University-Purdue University Indianapolis chancellor, Charles Bantz, apologized to Keith Sampson in a letter dated Friday, saying the school is committed to free expression.The situation began last year when a co-worker complained after seeing Sampson reading Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan. The book’s cover features robed Klansmen and burning crosses on Notre Dame’s campus. The book gives an account of the 1924 riot between Notre Dame students and the Klan in which the students from the South Bend university prevailed. Sampson, who is in addition to working for the university is also a student majoring in communication students, said he tried to explain that the book was a historical account. “I have an interest in American history,” Sampson said. “I was trying to educate myself.”But Sampson says his union representative equated the book to bringing pornography to work, and the school’s affirmative action officer told Sampson his conducted constituted racial harassment. “You used extremely poor judgment by insisting on openly reading the book related to a historically and racially abhorrent subject in the presence of your black co-workers,” Lillian Charleston wrote in a letter to Sampson.
Full Story: http://www.examiner.com/x-19365-Indianapolis-Statehouse-Examiner~y2009m11d5-IUPUI-employee-student-finally-receives-apology
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