Employer WIll Pay $150,000 to Settle Allegations of Race Discrimination

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Published on Wednesday, 18 January 2012 15:39

As demonstrated by a recent case, employers must continue to be proactive in ensuring that any form of discrimination, harassment or retaliation is prohibited in the workplace by conducting regular training, instituting the proper policies and procedures, and posting the proper notices about workplace discrimination, harassment and retaliation. The case involves Shack-Findlay Automotive, LLC (doing business as Findlay Honda and Findlay Automotive Group, Inc.), which is a car dealership in Henderson, Nevada. The company will pay $150,000 to two black employees for allegedly subjecting them to discrimination, harassment and retaliation. The EEOC filed suit against the company on behalf of the two employees alleging that a parts department manager made racially derogatory comments and jokes on a near-daily basis and imposed stricter work-related rules on black employees than non-black employees. Two black employees were eventually terminated, one after allegedly advising that he was going to file a discrimination charge against the company. In addition to the monetary settlement amount, the company must hire an outside EEO consultant; distribute its policies and complaint procedures regarding workplace discrimination, harassment and retaliation; track future complaints; and provide annual equal employment opportunity training. Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office, stated that, “We commend Shack-Findlay Automotive for taking proactive measures to ensure a workplace free of discrimination…We encourage other employers to take steps to ensure that managers are trained about their obligations under Title VII.” Read More.

Court Finds Employee Failed to Prove a Hostile Work Environment

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Published on Tuesday, 25 October 2011 16:34

Hostile work environment claims are a common form of sexual harassment. In a recent case, Brennan v. Townsend & O’Leary Enterprises, Inc., the court found that the employee failed to prove a hostile work environment. The court reviewed the type of evidence required to establish a hostile work environment, reaffirming that in order to establish such a claim, the accuser must prove that the harassment was sufficiently pervasive or severe so as to alter the conditions of employment. The case involves Stephanie Brennan (Brennan) who in 1991was hired by Townsend & O’Leary Enterprises (Company) to work as an assistant media planner; she eventually became manager of marketing services. In 2005, Brennan left the company and filed a sexual harassment claim alleging a hostile work environment based on conduct that included the following: Brennan alleged that Steve O’Leary (O’Leary) the company’s owner, asked about her relationships “quite often.”  She also claimed that O’Leary would ask “if [she] got any of that” and use a hand gesture, described as clapping both palms together multiple times, when he talked to her about her sex life. In 2000, Brennan helped plan a bachelorette party for a company employee, Disbro. One of the other planners of the party brought a wedding veil that had a plastic penis attached to it for Disbro to wear. The veil was later brought into the office and Brennan alleged that at a staff meeting, O’Leary asked Disbro to put on the veil, which she did, and then apparently appeared embarrassed. Brennan also alleged that she attended an offsite Christmas party for the agency, at which a management employee dressed as Santa Claus asked a female employee to sit on his lap and then asked her about not having a man in her life. In another incident, O’Leary wore a red-and-white Santa hat which had the word “bitch” across the brow. In August of 2004, a company employee forwarded an email to Brennan, which stated, in response to an employee’s departure from the company, “Three down, one big-titted, mindless one to go.” Brennan accurately understood that the statement referred to her. The company reprimanded and warned the employee who sent the email about violating company policy against sexual harassment. The company also brought in an outside investigator to investigate sexual harassment in their workplace. However, Brennan refused to speak with the investigator. Read more.

Applebee’s To Pay $1 Million For Alleged Sexual Harassment And Retaliation

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Published on Thursday, 01 September 2011 19:46

Food Management Investors, Inc. (FMI) and Apple Core Enterprises, Inc., Minot, N.D.-based companies, have agreed to resolve a lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC) regarding allegations of sexual harassment and retaliation at their Bismarck, N.D. Applebee’s Neighborhood Grill & Bar. According to the EEOC, Applebee’s allegedly violated federal civil rights laws by permitting a former store general manager to engage in a pattern and practice of sexual harassment and retaliation against employees. More specifically, according to the EEOC, the former general manager allegedly “regularly groped female employees, solicited sexual relations, and exposed himself. He also allegedly exposed employees to pornography, told sexually explicit stories and jokes and made highly personalized sexual comments designed to demean and humiliate female employees.” Further, the EEOC’s investigation revealed that that on at least one occasion, Cordova allegedly coerced an employee into giving him oral sex in exchange for a raise. The EEOC also charged that even though Applebee’s received repeated complaints by employees and, on occasion, customers, the company allegedly failed to discipline or stop the manager’s behavior. Five women previously employed at that Applebee’s location filed charges of discrimination with the EEOC, which led to the EEOC investigation and lawsuit. In addition to the settlement amount, which will be paid out to 17 female former employees, the company must implement a comprehensive training program aimed at helping its employees to identify sexual harassment and to properly investigate internal complaints. Read More.

EEOC Files Sexual Harassment Class Action

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Published on Friday, 27 May 2011 20:08

The Equal Employment Opportunity Commission (EEOC) has filed a class action based on alleged sexual harassment against Four Amigos Travel, Inc. and Top Dog Travel, Inc. (related Florida-based travel telemarketing firms) for allegedly violating federal law when they allowed five female employees at one of their locations to be sexually harassed by supervisors. According to the EEOC's lawsuit, several of the firms' male supervisors, including the general manager, allegedly conducted daily sales meetings which were "sexually charged and raised sexually explicit discussions and propositioned female employees for sex. The harassers also inappropriately touched themselves and the female employees, made other aggressive sexual advances towards them and used derogatory terms such as 'b-----s.' One male supervisor is alleged to have presented a female employee with a picture of his private parts and asked, 'Impressive, arent I?'" The EEOC also contends that the women found this conduct offensive and they were "intimidated by the harassment and were mocked for objecting and complaining."...

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