Ford & Harrison LLP
1/5/2010
Wade Ballard, L. Close
The Department of Defense Appropriations Act of 2010 (the "Act"), enacted on December 19, 2009, does more than dole out funds to the Department of Defense (DOD). Of particular note to federal contractors, the Act restricts DOD contractors with qualifying contracts from requiring their employees, as a condition of employment, to arbitrate claims brought under Title VII of the Civil Rights Act of 1964 and torts "related to or arising out of sexual assault or harassment."
The so-called "Franken Amendment," after its co-sponsor and driving force, Senator Al Franken (D-Minn.), prevents any money appropriated in the Act from being paid to a federal contractor with a DOD contract worth more than $1,000,000 and awarded more than 60 days after the Act's effective date, unless that contractor agrees not to: (1) enter into agreements as a condition of employment with its employees or independent contractors requiring arbitration of Title VII claims and any sexual assault or harassment-related tort; or (2) enforce any existing agreement with an employee or independent contractor requiring arbitration of Title VII claims and any sexual assault or harassment-related torts. The Act specifically lists sexual assault and harassment-related torts to include assault and battery, intentional infliction of emotional distress, false imprisonment, and negligent hiring, supervision, or retention.
Full Story: http://www.fordharrison.com/shownews.aspx?Show=5736
Tuesday, January 5, 2010
Monday, January 4, 2010
Labor and EEOC Vacancies Continue
Major vacancies at the U.S. Department of Labor and the Equal Employment Opportunity Commission (EEOC) continue to languish in the U. S. Senate. These positions are critical to the intended function of the civil rights missions of these agencies.
At the Labor Department, Mary Patricia Smith, nominated as Solicitor of Labor on April 20, 2009, would represent the Labor Department and its agencies including the Office of Federal Contract Compliance Programs (OFCCP). The Solicitor represents OFCCP in the filing of administrative complaints where there is alleged to be noncompliance with Executive Order 11246 and other affirmative action and nondiscrimination laws.
At the EEOC, four positions remain to be filled: the Chair, two commissioners and the general counsel. Ms. Jacqueline A. Berrien was nominated on July 16, 2009 to serve as chair of the EEOC. Chai R. Feldblum and Victoria Lipnic were nominated to serve as commissioners on September 15, 2009 and November 3, 2009 respectively and Patrick D. Lopez was nominated on October 26, 2009 to serve as general counsel of the Commission. For more information about these nominees, search their names on the blog.
The Senate Health, Education, Labor and Pensions Committee approved these nominations as a bloc on December 10, 2009, but the full Senate has not yet voted.
At the Labor Department, Mary Patricia Smith, nominated as Solicitor of Labor on April 20, 2009, would represent the Labor Department and its agencies including the Office of Federal Contract Compliance Programs (OFCCP). The Solicitor represents OFCCP in the filing of administrative complaints where there is alleged to be noncompliance with Executive Order 11246 and other affirmative action and nondiscrimination laws.
At the EEOC, four positions remain to be filled: the Chair, two commissioners and the general counsel. Ms. Jacqueline A. Berrien was nominated on July 16, 2009 to serve as chair of the EEOC. Chai R. Feldblum and Victoria Lipnic were nominated to serve as commissioners on September 15, 2009 and November 3, 2009 respectively and Patrick D. Lopez was nominated on October 26, 2009 to serve as general counsel of the Commission. For more information about these nominees, search their names on the blog.
The Senate Health, Education, Labor and Pensions Committee approved these nominations as a bloc on December 10, 2009, but the full Senate has not yet voted.
DOL Issues Resource Guide for Hiring Persons with Disabilities
The U.S. Department of Labor's Office of Disability Employment Policy has posted its reference guide, "Diversifying Your Workforce, A Four-Step Reference Guide to Recruiting, Hiring, & Retaining Employees with Disabilities" on its website. This publication is designed to provide basic information on four issues affecting the recruitment and hiring of the disabled:
Incentives & ROI
Interviewing & Hiring
Achieving Workplace Success
Retaining Valued Employees
The guide is compact and spiral bound and it comes with a mini compact disc. The information in the guide will be updated on the ODEP website. For a copy of the ODEP publication, go to: http://www.dol.gov/odep/
Incentives & ROI
Interviewing & Hiring
Achieving Workplace Success
Retaining Valued Employees
The guide is compact and spiral bound and it comes with a mini compact disc. The information in the guide will be updated on the ODEP website. For a copy of the ODEP publication, go to: http://www.dol.gov/odep/
Whirlpool Corp. To Pay Over $1 Million For Harassing Black Female Worker, Judge Rules In Bench Trial
U.S. Equal Employment Opportunity Commission
December 29, 2009
EEOC Said Company Tolerated Verbal Harassment Culminating in Physical Assault
NASHVILLE, Tenn. – The U.S. Equal Employment Opportunity Commission (EEOC) today announced a final court judgment of $1,073,261 against Whirlpool Corporation in a race and sex discrimination lawsuit on behalf of Carlota Freeman, an African American former employee at the company’s LeVergne, Tenn.-based facility. The EEOC alleged in its lawsuit that the appliance manufacturing giant failed to protect Freeman from persistent harassment by a white male coworker, which ultimately resulted in her being physically assaulted by him.
Following a bench trial, Tennessee District Court Judge John T. Nixon last week awarded Freeman $773,261 in back pay and front pay, and $300,000 in compensatory damages for nonpecuniary injuries – the maximum allowed under federal law. During the four-day trial, the evidence showed that Freeman reported escalating offensive verbal conduct and gestures by the male coworker over a period of two months before he physically assaulted her; four levels of Whirlpool’s management were aware of the escalating harassment; Whirlpool failed to take effective steps to stop the harassment; and, Freeman suffered devastating permanent mental injuries that will prevent her from working again as a result of the assault and Whirlpool’s failure to protect her.
“It is deeply disturbing that such a large and sophisticated company would allow this sort of abuse to go unchecked – even up to the point where serious physical injuries are inflicted on one of its employees,” said Commission Acting Chairman Stuart J. Ishimaru. “This significant monetary award
for a single individual should put Corporate America on notice that there can be extraordinary consequences for tolerating or overlooking egregious discrimination. The EEOC will not stand by while vulnerable workers like Ms. Freeman are forced to forego their economic security and fear for their safety because of their race and/or sex.”
The EEOC filed suit against Whirlpool under Title VII of the Civil Rights Act in U.S. District Court for the Middle District of Tennessee (Civil Action No. 3:06-0593) after first attempting to reach a voluntary settlement through the agency’s conciliation process.
EEOC Regional Attorney Faye Williams said, “Whirlpool unsuccessfully argued that because it had posted a policy prohibiting harassment, the company relieved itself of responsibility for Ms. Freeman’s injuries. However, the court correctly pointed out that when those charged with enforcing a policy don’t take that responsibility seriously, an employer has not met its duty under Title VII to prevent and stop illegal harassment in its workplace.”
Carlota Freeman intervened in the case and was represented by Nashville attorneys Helen Rogers and Andy Allman. Whirlpool Corporation was represented by the Littler Mendelson law firm out of Chicago.
EEOC Trial Attorney Steve Dills said: “The purpose of equitable relief in Title VII cases is to make whole the victims of discrimination. Unfortunately, the judgment in this case is a bittersweet outcome because the injuries suffered by Ms. Freeman are so devastating.”
According to its web site, Whirlpool Corporation, with world headquarters in Benton Harbor, Mich., “is the world’s leading manufacturer and marketer of major home appliances, with annual sales of approximately $19 billion, 70,000 employees, and 68 manufacturing and technology research centers around the world.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at http://www.eeoc.gov/.
December 29, 2009
EEOC Said Company Tolerated Verbal Harassment Culminating in Physical Assault
NASHVILLE, Tenn. – The U.S. Equal Employment Opportunity Commission (EEOC) today announced a final court judgment of $1,073,261 against Whirlpool Corporation in a race and sex discrimination lawsuit on behalf of Carlota Freeman, an African American former employee at the company’s LeVergne, Tenn.-based facility. The EEOC alleged in its lawsuit that the appliance manufacturing giant failed to protect Freeman from persistent harassment by a white male coworker, which ultimately resulted in her being physically assaulted by him.
Following a bench trial, Tennessee District Court Judge John T. Nixon last week awarded Freeman $773,261 in back pay and front pay, and $300,000 in compensatory damages for nonpecuniary injuries – the maximum allowed under federal law. During the four-day trial, the evidence showed that Freeman reported escalating offensive verbal conduct and gestures by the male coworker over a period of two months before he physically assaulted her; four levels of Whirlpool’s management were aware of the escalating harassment; Whirlpool failed to take effective steps to stop the harassment; and, Freeman suffered devastating permanent mental injuries that will prevent her from working again as a result of the assault and Whirlpool’s failure to protect her.
“It is deeply disturbing that such a large and sophisticated company would allow this sort of abuse to go unchecked – even up to the point where serious physical injuries are inflicted on one of its employees,” said Commission Acting Chairman Stuart J. Ishimaru. “This significant monetary award
for a single individual should put Corporate America on notice that there can be extraordinary consequences for tolerating or overlooking egregious discrimination. The EEOC will not stand by while vulnerable workers like Ms. Freeman are forced to forego their economic security and fear for their safety because of their race and/or sex.”
The EEOC filed suit against Whirlpool under Title VII of the Civil Rights Act in U.S. District Court for the Middle District of Tennessee (Civil Action No. 3:06-0593) after first attempting to reach a voluntary settlement through the agency’s conciliation process.
EEOC Regional Attorney Faye Williams said, “Whirlpool unsuccessfully argued that because it had posted a policy prohibiting harassment, the company relieved itself of responsibility for Ms. Freeman’s injuries. However, the court correctly pointed out that when those charged with enforcing a policy don’t take that responsibility seriously, an employer has not met its duty under Title VII to prevent and stop illegal harassment in its workplace.”
Carlota Freeman intervened in the case and was represented by Nashville attorneys Helen Rogers and Andy Allman. Whirlpool Corporation was represented by the Littler Mendelson law firm out of Chicago.
EEOC Trial Attorney Steve Dills said: “The purpose of equitable relief in Title VII cases is to make whole the victims of discrimination. Unfortunately, the judgment in this case is a bittersweet outcome because the injuries suffered by Ms. Freeman are so devastating.”
According to its web site, Whirlpool Corporation, with world headquarters in Benton Harbor, Mich., “is the world’s leading manufacturer and marketer of major home appliances, with annual sales of approximately $19 billion, 70,000 employees, and 68 manufacturing and technology research centers around the world.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at http://www.eeoc.gov/.
Outback Steakhouse To Pay $19 Million For Sex Bias Against Women In 'Glass Ceiling' Suit By EEOC
U.S. Equal Employment Opportunity Commission
December 29, 2009
Consent Decree Includes Online Application System, Creation of Executive HR Position
DENVER – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that Outback Steakhouse has agreed to pay $19 million and furnish significant remedial relief to settle a major class lawsuit alleging sex discrimination against thousands of women at hundreds of its corporately-owned restaurants nationwide.
According to the EEOC, Outback discriminated against its female employees with respect to the terms and conditions of employment, and denied women equal opportunities for advancement. The EEOC alleged in the lawsuit that female employees hit a glass ceiling at Outback and could not get promoted to the higher-level profit-sharing management positions in the restaurants. Moreover, the EEOC also alleged that women were denied favorable job assignments, particularly kitchen management experience, which was required for employees to be considered for the top management job in the restaurants.
“There are still too many glass ceilings left to shatter in workplaces throughout corporate America,” said EEOC Acting Chairman Stuart J. Ishimaru. “The EEOC will continue to bring class lawsuits like this one against employers who engage in gender discrimination on a systemic scale. Hopefully this major settlement will remind employers about the perils of perpetuating promotion practices that keep women from advancing at work.”
The settlement stems from a lawsuit filed by the EEOC in September 2006 under Title VII of the Civil Rights Act in U.S. District Court for the District of Colorado (EEOC v. Outback Steakhouse of Florida, Inc., and OS Restaurant Partners, Inc. d/b/a Outback Restaurants, No. 06-cv-01935).In addition to the monetary relief, the settlement, contained in a four-year consent decree signed by Federal Court Judge Christine M. Arguello, requires that Outback:
Institute an online application system for employees interested in managerial and other supervisory positions;
Employ a human resource executive in the newly created position of Vice President of People;
Employ an outside consultant for at least two years who will determine compliance with the terms of the decree and analyze data from the online application system to determine whether women are being provided equal opportunities for promotion; and
Report every six months to the EEOC on carrying out the terms of the decree;
EEOC Regional Attorney Mary Jo O’Neill of the agency’s Phoenix District, which has jurisdiction for Colorado, said, “We are pleased with the initiatives that Outback has agreed to in this settlement and look forward to seeing its efforts to promote women into management positions realized. Ensuring that all of the talent in a workforce is fully utilized simply makes good business sense.”
Rita Byrnes Kittle, senior trial attorney in the agency’s Denver Field Office, who jointly led the litigation effort added, “The EEOC brokered this far reaching and comprehensive settlement in the public interest to foster a discrimination-free workplace at Outback. We are particularly pleased about Outback’s commitment to a new process for employees to apply for promotion online and for hiring managers to make their selections from the online applications. We think this new process will help give women a fair opportunity to advance in the company.”
The $19 million in monetary relief contained in the settlement will be administered through a claims process in which an administrator will send letters to all female workers employed at corporately-owned Outback restaurants from 2002 to the present who have at least three years of tenure.
EEOC Denver Trial Attorney Stephanie Struble, who jointly led the litigation effort, said, “We encourage women who believe they were discriminated against by Outback to come forward and complete the claims form to obtain monetary relief. We also encourage all current female employees at Outback to take advantage of the new application process and let Outback know that they are interested in promotion.”
According to company information on its web site, “Outback Steakhouse was founded in Tampa, Florida in 1988. There are over 950 Outback Steakhouse restaurants throughout the world.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
December 29, 2009
Consent Decree Includes Online Application System, Creation of Executive HR Position
DENVER – The U.S. Equal Employment Opportunity Commission (EEOC) today announced that Outback Steakhouse has agreed to pay $19 million and furnish significant remedial relief to settle a major class lawsuit alleging sex discrimination against thousands of women at hundreds of its corporately-owned restaurants nationwide.
According to the EEOC, Outback discriminated against its female employees with respect to the terms and conditions of employment, and denied women equal opportunities for advancement. The EEOC alleged in the lawsuit that female employees hit a glass ceiling at Outback and could not get promoted to the higher-level profit-sharing management positions in the restaurants. Moreover, the EEOC also alleged that women were denied favorable job assignments, particularly kitchen management experience, which was required for employees to be considered for the top management job in the restaurants.
“There are still too many glass ceilings left to shatter in workplaces throughout corporate America,” said EEOC Acting Chairman Stuart J. Ishimaru. “The EEOC will continue to bring class lawsuits like this one against employers who engage in gender discrimination on a systemic scale. Hopefully this major settlement will remind employers about the perils of perpetuating promotion practices that keep women from advancing at work.”
The settlement stems from a lawsuit filed by the EEOC in September 2006 under Title VII of the Civil Rights Act in U.S. District Court for the District of Colorado (EEOC v. Outback Steakhouse of Florida, Inc., and OS Restaurant Partners, Inc. d/b/a Outback Restaurants, No. 06-cv-01935).In addition to the monetary relief, the settlement, contained in a four-year consent decree signed by Federal Court Judge Christine M. Arguello, requires that Outback:
Institute an online application system for employees interested in managerial and other supervisory positions;
Employ a human resource executive in the newly created position of Vice President of People;
Employ an outside consultant for at least two years who will determine compliance with the terms of the decree and analyze data from the online application system to determine whether women are being provided equal opportunities for promotion; and
Report every six months to the EEOC on carrying out the terms of the decree;
EEOC Regional Attorney Mary Jo O’Neill of the agency’s Phoenix District, which has jurisdiction for Colorado, said, “We are pleased with the initiatives that Outback has agreed to in this settlement and look forward to seeing its efforts to promote women into management positions realized. Ensuring that all of the talent in a workforce is fully utilized simply makes good business sense.”
Rita Byrnes Kittle, senior trial attorney in the agency’s Denver Field Office, who jointly led the litigation effort added, “The EEOC brokered this far reaching and comprehensive settlement in the public interest to foster a discrimination-free workplace at Outback. We are particularly pleased about Outback’s commitment to a new process for employees to apply for promotion online and for hiring managers to make their selections from the online applications. We think this new process will help give women a fair opportunity to advance in the company.”
The $19 million in monetary relief contained in the settlement will be administered through a claims process in which an administrator will send letters to all female workers employed at corporately-owned Outback restaurants from 2002 to the present who have at least three years of tenure.
EEOC Denver Trial Attorney Stephanie Struble, who jointly led the litigation effort, said, “We encourage women who believe they were discriminated against by Outback to come forward and complete the claims form to obtain monetary relief. We also encourage all current female employees at Outback to take advantage of the new application process and let Outback know that they are interested in promotion.”
According to company information on its web site, “Outback Steakhouse was founded in Tampa, Florida in 1988. There are over 950 Outback Steakhouse restaurants throughout the world.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
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