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EEOC Verdicts and Settlements — September 2011

Published by on November 18, 2011

Our update on EEOC verdicts and settlements for September 2011 after the break. ND – The Bismark Applebee’s Neighborhood Grill & Bar owners agreed to pay $1 million to settle a lawsuit brought on behalf of five former employees.  The suit alleged that Applebee’s permitted a former store general manager to create a pattern and […]

Our update on EEOC verdicts and settlements for September 2011 after the break.

ND – The Bismark Applebee’s Neighborhood Grill & Bar owners agreed to pay $1 million to settle a lawsuit brought on behalf of five former employees.  The suit alleged that Applebee’s permitted a former store general manager to create a pattern and practice of sexual harassment and retaliation against employees. 

AZ – Arizona Logistics, Inc., an auto parts distributorship, will pay $175,000 to settle a lawsuit brought on behalf of five former employees.  The suit charged that the company subjected female employees to sexual harassment, sexual assault, unwelcome sexual touching, and indecent exposure.  Although the company knew about the hostile work environment, it failed to take prompt action to remediate the situation.

WA – Grays Harbor Community Hospital in Aberdeen, Washington agreed to pay $125,000 to settle a federal lawsuit.  The suit alleged that a hospital supervisor made offensive sexual comments, showed explicit material from the internet, and physically touched female technicians. 

OR – A Christmas tree farm in Woodburn, Oregon will pay $110,000 to settle a sexual harassment and national origin discrimination lawsuit brought on behalf of two male employees.  The suit alleged that a company supervisor and other workers physically and verbally ridiculed the two employees, made sexual comments, and mocked the employees because of their national origin. 

TX – Allsup’s Convenience Stores, Inc. agreed to pay a former employee $37,000 to settle a retaliation lawsuit.  The suit alleged that the company fired the employee because he cooperated with an EEOC investigation of another employee’s charge of disability discrimination. 

CA – ABM Industries, a national janitorial services firm, will pay $180,000 to settle a lawsuit brought on behalf of several Latino janitors working in commercial buildings.  The suit alleged that the company discriminated against the employees by giving them less preferable assignments, despite their senior status in the company, and retaliated against some of the employees after they filed charges with the EEOC. 

CA – Supercuts has agreed to pay $43,500 to settle a lawsuit brought on behalf of a stylist and shift manager.  The suit alleged that Supercuts terminated the employee when she refused to work on two consecutive Sundays, despite her written and oral requests for accommodation of her Christian Sabbath observance. 

AZ – Community Provider of Enrichment Services, Inc., an organization that provides services for adults with developmental disabilities, will pay $33,500 in lost wages to a prospective employee.  The lawsuit alleged that the organization had a policy of refusing to hire people who were deaf or hard of hearing for direct service provider positions and refused to accommodate deaf applicants.

TN – Lowe’s Home Centers, Inc. agreed to pay $120,000 to settle a religious discrimination and retaliation lawsuit brought on behalf of an employee.  The suit alleged that the employee requested not to work on the Christian Sabbath, and the company retaliated against him by scheduling him to work on the Sabbath for 27 out of 28 weeks. 

NY – The Oyster Bay Fire Department, the Atlantic Steamer Fire Company No. 1, and multiple towns and villages will pay $279,600 to settle an age discrimination lawsuit brought on behalf of several firefighters.  The suit alleged that the defendants refused to let volunteer firefighters over age 62 accrue credit toward their retirement pensions because of their age.

MN – Maxim Healthcare Services, Inc. will pay $160,000 to settle a disability discrimination lawsuit brought on behalf of a former director of clinical services.  The suit alleged that the company failed to provide reasonable accommodations and discharged the employee because she had brain cancer. 

CA – The Doctors Company, medical liability insurance company, agreed to pay $230,000 to settle a sexual harassment lawsuit brought on behalf of an administrative assistant.  The suit alleged that the employee was sexually harassed by her direct supervisor on a daily basis, including inappropriate comments about her appearance and personal life and unwelcome physical touching.  Instead of addressing the situation, the suit alleged that the company terminated the employee.   

TX – GES Global Energy Services agreed to pay $98,900 to settle a discrimination lawsuit brought on behalf of African-American employees.  The suit alleged that the employees were subjected to a hostile work environment and that some of the employees were discharged after they complained about the harassment. 

CA – Aqua Tri, a pool supply company, will pay $462,500 to settle a sexual harassment, retaliation, and constructive discharge lawsuit brought on behalf of several Hispanic employees.  The suit alleged that the company subjected the employees to a sexually hostile work environment, including verbal and physical harassment, and that supervisors used promotions to pressure employees to have sex with them.

TX – Smile Brands, a Texas dental practice, agreed to pay $175,000 to settle a sexual harassment lawsuit brought on behalf of a female dental hygienist and a dental assistant.  The suit alleged that the company subjected the employees to a sexually hostile work environment, including unwanted sexual comments and touching by a male lead dentist.

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