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EEOC Verdicts and Settlements — October 2012

Published by on November 14, 2012

Our update on EEOC verdicts and settlements for October 2012 after the break. CO – A Hampton Inn Franchise will pay $85,000 to settle a race and national origin bias suit.  The franchise was charged with firing white and non-Hispanic workers because of negative stereotypes.  A class of workers was fired because of the management’s […]

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

CO – A Hampton Inn Franchise will pay $85,000 to settle a race and national origin bias suit.  The franchise was charged with firing white and non-Hispanic workers because of negative stereotypes.  A class of workers was fired because of the management’s belief that the workers were indolent.

NC – The New Hanover Regional Medical Center will pay $146,000 to settle a disability discrimination suit brought on behalf of a class of applicants and employees.  The hospital applicants were denied hire and the employees were placed on leave because they were taking prescribed narcotic medications.

CA – Dunnewood Vineyard will pay $75,000 to a class of Mexican-born workers in a national origin lawsuit.  The suit alleged that the vineyard’s supervisor regularly harassed the workers; he called them names and told them to go back to Mexico if they were going to complain about their treatment.

TX – A Wendy’s franchisee will pay $41,500 to settle a disability discrimination suit.  The suit alleged that the restaurant refused to hire a hearing-impaired cook despite his qualifications.  During his second interview with the general manager, the applicant requested to use a telephonic system for people with hearing impairments, but the manager responded that there was no room for the applicant to work at the company if he could not communicate.

GA – BellSouth Telecommunications will pay $120,000 to settle a sexual harassment and retaliation suit.  The company retaliated against two women for complaining about sexual harassment by their manager.  The suit alleged that the manager made inappropriate sexual comments in sales meetings and pantomimed sexual intercourse with the complainants.

MD – The town of Elkton will pay $235,000 to a town official in an age discrimination suit.  The lawsuit alleged that the finance director was fired because of his age, and that it was openly discussed as the reason for replacing him.  The town administrator suggested the employee be replaced by a recent college graduate.

TX – DuPriest and Sons Holding will pay $24,000 to a long-time former employee to settle a disability discrimination suit.  The Suit alleged that the company violated the ADA when it laid off a worker due to his recent hospitalization for diabetes and kidney failure.  His superiors also harassed him before the termination.  They kicked his cane as a joke and said they could no longer afford him.

AL – The EEOC has won a $40,000 settlement in a discrimination lawsuit with Jim Walter Resources.  The suit alleged that a mine worker was denied an assignment to an area that would not damage his hearing aids.  Instead of honoring the employee’s request, the company said it would not permit him to return to mining until he presented a medical release.

NC – A Dairy Queen franchisee will pay $17,500 to settle a sexual harassment and retaliation lawsuit.  According  to the lawsuit, an 18-year-old female employee was subjected to harassment by a male cashier who talked in an explicit manner and made sexual gestures.  The girl made a complaint to the police, and when they showed up at the restaurant, the manager was heard to have said that the girl was “causing too many problems.”

CA – Sierra Pacific Industries, a forest owner and harvester, will pay $95,000 in a national origin discrimination lawsuit.  The suit alleged that an employee of Egyptian national origin was harassed by co-workers.  The suit also alleged that the company retaliated against the man’s complaints by subjecting him to harsher discipline, and eventually terminating him.  The man began having problems with coworkers after September 11th, 2001 and lasting until his termination.

WI – Computer Systems, LLC will pay $32,500 in an age discrimination suit.  The suit alleged that an employee, a 60-year old billing specialist, was told she was being terminated as part of reduction-in-force.   The company then hired a younger specialist, age 34, for the position.

FL – Capri Home Care will pay $23,000 to settle a pregnancy discrimination suit.  The suit alleged that the health care provider refused to hire a pregnant woman after learning of her condition.  The woman was hired on the spot for the position of administrative assistant, but the company withdrew the offer when it was discovered the applicant was pregnant, and claimed another person had filled the position.

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