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EEOC Jury Verdicts and Settlements — November 2012

Published by on December 17, 2012

Our update on EEOC jury verdicts and settlements for November 2012 after the break. CA – Tenaya Lodge, a hotel resort near Yosemite National Park, will settle a sexual harassment and retaliation case for $195,000.  The suit charged that a male supervisor sexually harassed a class of female hotel staff.  In 2010 a female employee […]

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

CA – Tenaya Lodge, a hotel resort near Yosemite National Park, will settle a sexual harassment and retaliation case for $195,000.  The suit charged that a male supervisor sexually harassed a class of female hotel staff.  In 2010 a female employee filed a complaint.  The supervisor then retaliated by issuing the woman written discipline and treating her differently.  The company did not agree to liability while settling the case.

NV – Hotspur Resorts will pay $155,000 in a sexual harassment suit.  The EEOC charged that female staff were subject to unwelcome sexual advances by a supervisor.  Three female employees were subject to physical and verbal harassment, and believed that the company did not sufficiently prevent and correct the harassment.

MD – Rite Aid will pay $250,000 to a former employee in a disability and retaliation lawsuit.  The EEOC charged that the retailer terminated a pharmacy order picker because of his epilepsy.  Rite Aid forced the employee to undergo a fitness-for-duty examination under threat of termination.  The company then used the opinion of the examining doctor, who had no experience treating epileptic patients, to remove the employee from his job.  Rite Aid ignored the medical releases provided by the employee’s neurologist.  The employee also charged he was denied promotions because of his conditions.  He had successfully worked at Rite Aid for ten years prior to these events.

CO – Interstate Distributor Company will pay nearly $5 million to settle a disability lawsuit.  The suit alleged that the trucking firm’s policies discriminated against disabled employees.  If employees needed more than 12 weeks of leave, the company terminated them rather than assessing if it would be reasonable to provide additional accommodation.  Hundreds of employees were affected.  IDC also refused return employment to workers who had medical restrictions following a leave.

NC – Gaylord, Inc. will pay $55,000 to settle a religious discrimination lawsuit brought on behalf of a former employee.  The employee refused to work on a religious holiday when the company denied her leave request for a day off.  The company discharged her following her absence to attend church.

NM – The owners of an Albuquerque IHOP will settle a sexual harassment suit for $1 million.  The manager was charged with harassing numerous teen female employees, and some of the girls were forced to quit.   The class of women was subject to offensive conduct that included unwanted comments, innuendo, and touching.  IHOP failed to provide preventive or remedial relief.  At least 22 women are expected to receive some of the settlement award.

NY – Sparks Steak House will pay $600,000 to settle a class male-on-male sexual harassment suit.  The suit alleged that a male manager abused 22 male waiters at the NYC restaurant over an 8-year period.  The manager would grope the men and make unwanted sexual comments.  The men complained to other managers and the owners but the harassment did not stop.  Some of the complaining waiters were given more difficult tasks or suspended for reporting the behavior.

TX – The Texas Department of Agriculture and the Texas General Land Office will pay $175,000 to settle sex and wage discrimination lawsuits.  The suit alleged that female program specialists were paid less than their male counterparts.  The complainants at one of the agencies were also terminated in retaliation for complaining about the conditions.

TN – Spectrum Bags, a plastic bag manufacturer, will pay $150,000 to settle a sexual harassment and retaliation lawsuit.  The suit alleged that a warehouse manager abused female employees with inappropriate comments, text messages, and touches.  The manager also used his work computer to display pornographic material.  When the women opposed his requests for dates, they were terminated.

SC – Ashlan Village Retirement Community will pay $40,000 to settle a sexual harassment and retaliation suit.  The suit alleged that the facility terminated its marketing and activities director after she complained about sexual harassment by her male supervisor.

AR – Big Lots Stores, Inc. will settle a sexual harassment lawsuit for $155,000.  The suit alleged that a male supervisor abused a class of female employees by making sexually offensive comments and requesting sexual favors.  A female employee reported the harassment but the company failed to take action to stop the supervisor.

MN – Alliant Techsystems, Inc. will pay $100,000 to settle a race discrimination case.  The suit alleged that the aerospace and defense manufacturer hired a woman to provide IT support, but then rejected her and hired a white male.  The EEOC determined that the reasons given for the change in hiring decisions were a pretext for discrimination.

AZ – Sandbar Mexican Grill will settle an EEOC pregnancy discrimination lawsuit for $15,000 brought on behalf of an employee.  The lawsuit charged that the restaurant removed a pregnant woman from its Sunday schedule in an attempt to satisfy male customers in attendance for Sunday football games.  The move cost the woman a significant loss of income.

NC – A nursing facility will pay $50,000 to settle a disability discrimination lawsuit.  The facility failed to provide reasonable accommodation to an employee with depression.  Following a major depressive episode which lead to a hospital stay, the facility denied medical leave to the nurse for appropriate recovery time.

CA – The trucking company Sutter Transfer Service, Inc. will pay $30,000 to settle a race harassment lawsuit.  The suit alleged that a black truck driver was harassed by a dispatcher.  Other drivers witnessed the racially-based name-calling and one white co-worker complained to management, but no action was taken by the company to stop the behavior.

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