County Fair Farm Settles EEOC Class Sex Harassment and Retaliation Suit

Maine Farm Subjected Farmworkers to Abuse Since 2003, Federal Agency Charged

BOSTON - The federal district court in Portland, Maine has approved a consent decree resolving discrimination litigation brought by U.S. Equal Employment Opportunity Commission (EEOC) against County Fair Farm, the federal agency announced today.

Read the press release here.

Ex-LAPD detective awarded $2.1 million after claiming retaliation, discrimination

By Matt Hamilton, The Los Angeles Times

A jury awarded $2.1 million Tuesday to a former Los Angeles police detective who claimed she was so mistreated and harassed after taking a medically ordered leave that she suffered irreversible harm and could no longer work.

Read the story here.

New California Regulations Regarding Discrimination, Harassment and Pregnancy Disability Leave

Proskauer Rose LLP, Lexology

New California anti-discrimination, anti-harassment, and pregnancy disability leave regulations go into effect on April 1, 2016. The substantive law regarding these issues has not changed. However, the new amendments enumerate detailed requirements regarding anti-harassment policies and investigations, and institute additional notice and recordkeeping requirements.

Read the story here.

Related content:

• Labor and Employment Alert: No Joke: California Continues to Micromanage Required Sexual Harassment Training (Vorys, Sater, Seymour and Pease LLP)

Ninth Circuit Reinstates EEOC Case Against The GEO Group for Sexual Harassment, Retaliation in Arizona Prisons

Class of Female Staffers Abused at Correctional Facilities, Federal Agency Charged

PHOENIX - The U.S. Ninth Circuit Court of Appeals has reinstated a class sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) against The GEO Group, Inc., the federal agency announced yesterday. EEOC's suit charged that GEO, which operates and manages two prison facilities in Florence, Ariz., discriminated against female prison employees by subjecting them to physical and verbal harassment and retaliation.

Read the press release here.

Vacation Resorts International to Pay $125,000 to Settle EEOC Sexual Harassment / Retaliation Suit

Female Employee Fired for Reporting Egregious Sexual Harassment, Federal Agency Charged

MIAMI - Vacation Resorts International (VRI), a provider of management and marketing services to resorts, condominiums, and timeshares, will pay $125,000 and furnish other relief to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. EEOC charged that VRI violated federal law when it permitted a manager at the Fort Lauderdale Beach Resort (which VRI manages) to sexually harass a groundskeeping/housekeeping employee and then unlawfully fired her when she resisted and reported the harassment.

Read the press release here.

EEOC Releases Fiscal Year 2015 Enforcement and Litigation Data

Retaliation, Race Discrimination and Harassment Persist; Disability Charges Increase

WASHINGTON - The U.S. Equal Employment Opportunity Commission (EEOC) today released detailed breakdowns of the 89,385 charges of workplace discrimination that the agency received in fiscal year 2015. Retaliation charges increased by nearly 5 percent and continue to be the leading concern raised by workers across the country. Disability charges increased by 6 percent from last year and are the third largest category of charges filed.

Read the press release here.

Related content:

• Fisher & Phillips' Wrigley: EEOC's 2015 Fiscal Year Data Prompts Top 10 Tips (Fisher & Phillips LLP)
• Retaliation Continues to Be the Number One Type of Charge Filed with the EEOC (Hall Render Killian Heath & Lyman PC)
• Retaliation and Disability Charges are on the Rise, According to EEOC Litigation and Charge Statistics for FY 2015 (Littler Mendelson PC)

$31 Million NH Jury Verdict: Former Walmart pharmacist rings the bell in discrimination case

Pierce Atwood LLP, Lexology

Jury in US District Court, District of NH concludes disgruntled former employee was the victim of sex discrimination and retaliation, awarding back pay, front pay, compensatory, and punitive damages.

Read the story here.

Related content:

• Walmart Discrimination Case Makes Headline (Kelley Drye & Warren LLP)

EEOC Seeks Input on Proposed Pay Data Collection Requirements and Retaliation Enforcement Guidance

Littler Mendolson, Lexology

The Equal Employment Opportunity Commission is soliciting public comments on two proposed policy changes that could have a significant impact on employers. The agency plans to require companies with 100 or more employees to include pay data as part of their Employer Information Report (EEO-1) form submissions, and issue enforcement guidance on unlawful retaliation.

Read the story here.

Related content:

• EEOC’s Proposed Guidance Broadens Scope of Unlawful Retaliation (Smith Debnam Narron Drake Saintsing & Myers LLP)
• EEOC Proposes Updated Guidance to Address Increasing Number of Retaliation Claims (Wyatt Tarrant & Combs LLP)
• EEOC Retaliation Guidance, Part 3: A “causal connection” checklist for employers (Constangy Brooks Smith & Prophete LLP)
• EEOC Seeks to Expand Retaliation Claims in Proposed Enforcement Guidance - Public Input Sought (Hunton & Williams LLP)
• EEOC’s Proposed (Anti) Retaliation Guidance: Is Your Whistleblower Response System Ready? (Littler Mendelson PC)
• EEOC Releases New Guidance on Retaliation (Manatt Phelps & Phillips LLP)
• Employers Are Put On Notice: EEOC Issues Proposed Retaliation Guidance (Akerman LLP)
• EEOC Ratchets Up Focus On Retaliation: EEOC Publishes First New Enforcement Guidance on Retaliation In Nearly Two Decades (Orrick, Herrington & Sutcliffe LLP)
• EEOC Retaliation Guidance, Part 1: You gotta be “protected”! (Constangy Brooks Smith & Prophete LLP)
• EEOC guidance on retaliation: make it easier for employees to prove their case (Reed Smith LLP)

Rhino Energy WV Will Pay $62,500 to Settle EEOC National Origin Discrimination and Retaliation Suit

Mining Company Fired Polish-American Foreman Because He Complained About Slurs and Graffiti, Federal Agency Charged

BECKLEY, W.V. - Rhino Energy WV LLC will pay $62,500 and furnish significant relief to resolve a federal lawsuit for national origin discrimination and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

Read the press release here.

EDMC Facing New Arguments in Discrimination Lawsuit

By Jamal Eric Watson, Diverse Issues in Higher Education

A recent decision by the Pennsylvania Supreme Court has the two plaintiffs accusing the Art Institute of Pittsburgh of race and age discrimination in admissions and employment back in court with a new argument, according to documents filed last week.

Read the story here.

Hearn-Kirkwood Will Pay $63,500 to Resolve EEOC Pay Discrimination and Retaliation Lawsuit

Food Service Distributor Unlawfully Disciplined and Later Fired Female Worker Who Complained about Unequal Wages, Federal Agency Charged

BALTIMORE -Gilbert Foods LLC, trading as Hearn-Kirkwood, a food service distributor, will pay $63,500 and furnish significant equitable relief to resolve an EEOC pay discrimination and retaliation lawsuit, the U.S. Employment Opportunity Commission (EEOC) announced today.

Read the press release here.

Settlement Reached in Tennessee Discrimination Lawsuit

By Steve Megargee, Associated Press

KNOXVILLE, Tenn. ― Former Tennessee associate director of sports medicine Jenny Moshak and two ex-Lady Volunteers strength coaches have settled a gender discrimination and retaliation lawsuit they filed against the university in the fall of 2012.

Read the story here.

Non-U.S. Citizen’s Discrimination And Retaliation Claims Against Bank Survive Dismissal

Shook Hardy & Bacon LLP, Lexology

On November 5th, the Southern District of Florida refused to dismiss a lawsuit filed against JP Morgan Chase Bank by one of its former bank tellers. The plaintiff, a Brazilian citizen, alleged the Bank violated anti-discrimination and retaliation laws under 42 U.S.C. § 1981. He complained the Bank treated him differently than U.S. citizens and non-Brazilian employees and then fired him after he reported alleged discrimination against both him and the Bank’s non-U.S. citizen clients.

Read the story here.

Mayflower Seafood of Goldsboro, Inc. Sued By EEOC for Sexual Harassment and Retaliation

Female Employee Subjected to Unwanted Sexual Touching, Comments by Male Employees, Then Reduced Work Hours for Complaining About Harassment, Federal Agency Charges

RALEIGH, N.C. - Mayflower Seafood of Goldsboro, Inc., violated federal law by subjecting a female employee to a sexually hostile work environment and retaliating against her after she complained about the harassment and filed criminal charges against the harassers, the agency charged in a lawsuit filed today.

Read the press release here.

Potato Packing Companies to Pay $450,000 to Settle EEOC Suit for Sex Harassment and Retaliation

At Least 13 Women at Monte Vista Plant Physically and Verbally Abused and Three Fired for Refusing to Submit or Complaining, Federal Agency Charged

DENVER - Two potato packing companies will pay $450,000 and furnish other relief to settle a lawsuit for sexual harassment and retaliation brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

Read the press release here.

Trans Ocean Seafoods Sued by EEOC for Sexual Harassment and Retaliation

Company Ignored Supervisor's Explicit Sexual Harassment, Retaliated Against Workers, Federal Agency Charges

SEATTLE - Northwestern Washington-based Trans Ocean Seafoods, Inc., doing business as New England Shellfish, violated federal law by allowing a supervisor to sexually harass four female workers and by retaliating against three of the victims and a male employee who tried to help them, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

Read the press release here.

EEOC Sues Labor Ready Mid-Atlantic for Sexual and Racial Harassment and Retaliation

Staffing Agency Fired Laborers Because They Complained About Harassment, Federal Agency Says

PITTSBURGH - Labor Ready Mid-Atlantic, Inc., a Tacoma-Wash.-based labor staffing firm, violated federal law when it subjected two female laborers to sexual and racial harassment and then retaliated against them for complaining about it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

Read the press release here.

Florence Private Prison GEO Group Sued a Second Time by EEOC for Sexual Harassment and Retaliation

Female Correctional Officer Sexually Harassed and Retaliated Against for Participating in Previous EEOC Lawsuit, Federal Agency Charges

PHOENIX - The GEO Group, Inc., operators of the Central Arizona Correctional Facility in Florence, Ariz., violated federal law by sexually harassing a female correctional officer and then retaliating against her for having participated in a prior lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) against GEO alleging systemic sexual harassment, EEOC charged in a lawsuit it filed today.

Read the press release here.

EEOC Charges Dunkin’ Donuts Franchisee With Sexual Harassment, Retaliation Against Teens

Store Manager Torments Young Female Staff and Terminated Worker Who Opposed Sexual Harassment, Federal Agency Charges

NEW YORK - A franchisee of Dunkin' Donuts with multiple stores and one office/kitchen in Westchester County, N.Y., violated federal law by subjecting young female workers to sexual harassment by a manager since at least 2011, U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today. EEOC also charged the company with unlawfully firing a female worker for opposing the sexual harassment and calling the police.

Read the press release here.

DOL issues fact sheets on retaliation

Lexology.com
Littler Mendelson PC
Ilyse Schuman
USA

January 4 2012

The Department of Labor’s Wage and Hour Division (WHD) has issued three new fact sheets on unlawful retaliation under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA).

Fact Sheet number 77A: Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), briefly discusses the prohibitions, coverage and enforcement issues related to section 15(a)(3) of the FLSA, which makes it a violation for any person to “discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee.” The fact sheet explains that covered complaints may be made orally or in writing, and that most courts have concluded that the FLSA’s retaliation protections extend to internal complaints as well.

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