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EEOC Jury Verdicts and Settlements — February 2012

Published by on April 6, 2012

Our update for EEOC jury verdicts and settlements for February 2012 after the break. NM – DXP Enterprises, Inc. will pay $120,000 to settle an age and disability discrimination lawsuit brought on behalf of a former employee.  The suit alleged that DXP hired the employee and then fired her a few days later after learning […]

Our update for EEOC jury verdicts and settlements for February 2012 after the break.

NM – DXP Enterprises, Inc. will pay $120,000 to settle an age and disability discrimination lawsuit brought on behalf of a former employee.  The suit alleged that DXP hired the employee and then fired her a few days later after learning that she had a back injury. 

GA – A federal jury ordered an Atlanta-area restaurant to pay $51,700 in back pay, compensatory, and punitive damages to four former employees in a sexual harassment lawsuit.  The suit alleged that the four employees reported the harassment to the restaurant owner on several occasions, but nothing was done about it, and the restaurant terminated the employees in retaliation for their complaints. 

MD – Professional Medial Corporation, a company that publishes a health magazine, agreed to pay $58,000 to settle a disability discrimination lawsuit brought on behalf of a former employee who had Attention Deficit Hyperactivity Disorder and Auditory Processing Disorder.  The suit alleged that the company had a policy of forcing employees to sign a “health warranty” to certify their health and that they do not use mediations. 

CA – Buy Rite Thrift Store will pay $50,000 to settle a disability discrimination lawsuit brought on behalf of a former retail stocker who has epilepsy.  The suit alleged that the company relied on its own judgment in terminating the employee because it believed the employee was a danger to himself and to others, when it should have requested that the employee take a fitness exam or provide medical documentation of his ability to perform the job duties in the position. 

TX – Hobson Air Conditioning, Inc. agreed to pay $37,500 to settle a sexual harassment and constructive discharge lawsuit brought on behalf of a former installation coordinator.  The suit alleged that the company subjected the employee to a sexually hostile work environment, including physical touches and vulgar comments.  Although the employee reported the harassment to higher management, the company did not investigate or stop the harassment. 

MN – Product Fabricators, Inc. will pay $40,000 to settle a disability discrimination lawsuit brought on behalf of a former employee.  The suit alleged that the company fired the long-time employee because he was taking a low dose prescribed narcotic medication for his back pain. 

MO – Convergys Customer Management Group, a provider of customer management services, agreed to pay $15,000 to settle a religious discrimination lawsuit brought on behalf of a job applicant.  The suit alleged that the company refused to hire the applicant because he said he could not work Saturdays due to his religious beliefs. 

TX – Brooks County, Texas will pay $20,000 to settle a retaliation lawsuit brought on behalf of an employee.  The suit alleged that the County repeatedly refused to give the employee a salary increase or consider her for another position because she filed an age discrimination complaint.

IL – Jimmy’s Charthouse, a steak restaurant, agreed to pay $205,000 to settle a sexual harassment lawsuit brought on behalf of several female employees.  The suit alleged that restaurant employees, including former managers, harassed female hostesses and waitresses through sexual propositions, crude comments, and groping. 

AL – Ready Mix USA, a cement and concrete products company, will pay $400,000 to settle a racial harassment lawsuit brought on behalf of a class of African American employees.  The suit alleged that a noose was on display at the worksite and that employees, including supervisors, utilized derogatory racial language. 

TN – The owners of two Piggly Wiggly supermarkets agreed to pay $40,000 to settle a race and gender discrimination lawsuit.  The suit alleged that the supermarkets had a policy of discriminating against African American job applicants because of their race, that the stores maintained a segregated work force, and that the stores had an established practice of not hiring males for cashier positions. 

MO – Tyson Foods, Inc. will pay $35,000 to settle a disability discrimination lawsuit brought on behalf of a job applicant.  The suit alleged that the company did not hire an applicant with epilepsy because the applicant did not pass the company medical evaluation.  The doctor who examined the applicant allegedly relied on outdated medical research to determine whether the applicant could safely perform the job duties. 

FL – A Hurricane Grill and Wings owner agreed to pay $200,000 to settle a sexual harassment lawsuit brought on behalf of a class of female servers.  The suit alleged that the servers were physically and verbally harassed, including being grabbed and subjected to sexual innuendo and direct sexual invitations. 

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