EEOC Verdicts and Settlements — September 2012
Published by Eric A. Welter on October 26, 2012
Our update on EEOC Verdicts and Settlements for September 2012 is after the break. TX – Two companies, Vitol and Johnson Controls, will pay $62,000 to settle a retaliation discrimination lawsuit. The suit alleged that both companies were responsible for terminating an employee for filing a sex discrimination charge. After being terminated at her job […]
Our update on EEOC Verdicts and Settlements for September 2012 is after the break.
TX – Two companies, Vitol and Johnson Controls, will pay $62,000 to settle a retaliation discrimination lawsuit. The suit alleged that both companies were responsible for terminating an employee for filing a sex discrimination charge. After being terminated at her job at the oil company, Vitol, the complainant filed her charge. Her former employer sent the notice and no-finding response to her current employer, energy and manufacturing company Johnson Controls, and she was fired that day.
MD – Home Depot will pay $100,000 to settle a disability discrimination suit on behalf of a former employee. The suit alleged that the employee was fired because of her cancer when Home Depot failed to provide reasonable accommodation. The company gave her unpaid leave for necessary surgery and told her she would be fired if she did not advise the company of her status. She sent medical notes confirming her return, but Home Depot elected to fire her due to lack of work.
TN – Dura Automotive Systems will pay $750,000 to settle an ADA lawsuit. The automotive parts company made illegal medical inquiries as well as violating confidentiality requirements. The company tested all of its plant employees for 12 substances including legally prescribed drugs. The company then forced employees who tested positive to reveal their medical conditions and required they stop taking their medications.
HI – Kauai County will pay $120,000 in a race harassment case. The suit alleged that the white county attorney was subjected to race harassment by a top-level manager. The manager said she needed to assimilate to the local culture and end her relationship with a white male for a local boy.
TX – A Toyota dealership will pay $140,000 to settle an age discrimination and retaliation lawsuit. The suit alleged that the dealership wouldn’t allow older salespersons to sell Scions, a brand marketed to younger buyers. One salesman who reported the discrimination was effectively forced to resign after being harassed, intimidated, and having his pay plan downgraded.
NY – Nichols Gas & Oil Company will pay $150,000 to settle a sexual harassment lawsuit. The company owner subjected nine women to physical and verbal harassment over a period of four years. The owner groped the women and made lewd propositions, including requests for sexual intercourse.
TN – US Foods, Inc., a food service distribution company, will pay $165,000 to settle a race discrimination suit. The suit alleged that the company fired an African-American employee after he failed to stop a Caucasian driver who reported to work under the influence of alcohol. The driver was not terminated.
NC – Bojangles’ Restaurants, Inc. will pay $33,426 to settle a sexual harassment and retaliation lawsuit. A female employee was sexually harassed by her store manager and terminated for making complaints about it to higher management.
WI – The Miles Kimball Company will pay $95,000 to settle a disability discrimination suit. A deaf employee was assigned to use a new software program but was denied her request for an interpreter for training. She was fired after the training for not being able to properly use the software. She had been employed with the company for thirteen years.
GA – Filterfresh Coffee Services, Inc. will pay $90,000 to settle a sex discrimination suit. The suit alleged that the company fired a female employee while providing a male counterpart with more opportunities. Both employees purportedly failed to meet the company’s profit goals.
CA – Delano Regional Medical Center will pay $1 million in a national origin discrimination suit. The suit alleged that Filipino-American Hospital workers were singled out for harassment and discrimination. 70 hospital workers were subject to scrutiny and discipline when speaking with a Filipino accent or in Filipino languages. Staff made fun of their accents and ordered them to speak in English, even when they were already speaking in English. They endured threats that if they did not speak English they would be sent back to the Philippines.
TX – 32 intellectually disabled workers were awarded $1.3M for pay discrimination by Henry’s Turkey Service. The company violated the ADA when it underpaid the workers who were employed at one of its turkey processing plants. The company exploited the class of workers who were unaware their legal rights were being violated. Each worker lost $28,000 to $45,000 in income over their last two years of work. They were paid a monthly total of $65 rather than the normal wage of $11-12 per hour.
CO – RadioShack will pay $187,000 in back pay in a retaliation suit. The suit alleged that a 55-year-old district manager was fired days after he complained about age discrimination. The unanimous jury decision found that RadioShack intentionally fired the manager for his complaints. The employee worked for the company for 25 years with a spotless record, but was placed on two performance improvement plans under the supervision of a new manager.
GA – Chemcore Industries, Inc. will pay $30,000 to settle a pregnancy discrimination suit. The suit alleged that the company fired a customer service representative within hours of her disclosure to her supervisor that she was pregnant.
AZ – The EEOC has won a summary judgment verdict against Creative Networks in a disability discrimination suit. The suit alleged that the company illegally discriminated against a hearing-impaired job applicant. The federal judge found that the company violated the ADA when it denied the hearing-impaired applicant’s requests for interpreting services costing more than $200 for its pre-employment orientation and training.
CA – Scully Distribution services will pay $630,000 to settle a class action race discrimination suit. The suit alleged that minority truck drivers were subjected to racial harassment and discrimination. Examples include black drivers being called “n—-rs” and East Indian drivers being referred to as “Taliban.” Non-white drivers were also given less favorable assignments.
TX – Philips Entertainment Lighting will pay $30,000 to settle a sexual harassment lawsuit. The suit alleged that the only female employee in its Dallas warehouse was sexually harassed by her manager and co-workers. She experienced unwanted comments, advances, and touches. The conduct was reported, but the company took no action. The woman was eventually forced to resign.
TX – Mount Vernon Mills, Inc., a textile company, will pay $70,000 to settle a sexual harassment lawsuit. A teenage female employee was subjected to unwanted touches and crude comments that spun company-wide sexual rumors about the girl. The girl complained, but the company took no action even though it was aware of the conduct.
MI – Performance Drilling Company LLC will pay $28,000 to settle a race discrimination lawsuit. The company subjected black employees to noose displays, racial taunts, and insults. The complainant was fired in retaliation for his opposition to the treatment he was receiving.
TX – A federal jury has awarded $200,000 in punitive damages to three former employees of AA Foundries, Inc. The suit alleged that the company created a racially hostile work environment. Derogatory racial slurs were commonly heard in the workplace, including the “N” word and routine slandering of African-Americans as a group, including accusations that they were stealing and wanting of government welfare.
Topics: Jury Verdicts