SETTLEMENT
AMOUNT CLAIM DESCRIPTION COURT EEOC PRESS
RELEASE
$2.4 million Race and National Origin Discrimination
According to the EEOC, a labor contractor at four Hawaii farms engaged in a pattern or practice of harassing, discriminating, or retaliating against approximately 500 Thai farmworkers based on national origin and race; the EEOC named the farm operations as joint employers with the contractor. The lion’s share of the settlement ($1.6 million) will be will be submitted by one of the four farms to a settlement fund. The remaining three farms will pay
$425,000, $275,000, and $100,000. All amounts will be distributed by the EEOC. Under the terms of the consent decree, the employer will hire an EEOC-approved monitor to ensure the company’s compliance with the settlement terms. The company will establish and implement an internal complaint procedure, and conduct training on EEO laws. The decree will remain in effect for three years.
U.S.D.C. of Hawaii 9/5/2014
$2.1 million Sex Discrimination, Harassment, and Retaliation
According to the EEOC, a former lot manager, under the direction of the general manager, subjected a class of men to egregious forms of sexual harassment, including shocking sexual comments, frequent sexual solicitations, and regular physical contact. The agency alleged the company retaliated against male employees who objected to the sexually hostile work environment. The settlement will affect 55 men. In addition to monetary relief, the consent decree will require the employer to maintain anti-discrimination policies and practices, evaluate their managers on their compliance with anti-discrimination laws, hire a monitor to oversee efforts to provide a harassment-free workplace, conduct employee and management training, and report instances of other discrimination or harassment complaints to the EEOC while the decree is in effect.
According to the EEOC, the company maintained a sexually hostile work environment toward female mortgage bankers at one facility by tolerating sexually charged behavior and comments from supervisory staff and participating mortgage bankers. The EEOC also alleged female mortgage bankers who did not embrace and participate in certain activities were ostracized and suffered economic consequences by being deprived of lucrative sales calls, training opportunities, and other employment benefits. Under the terms of the consent decree, the employer must pay a total of $1,450,000:
$979,389 as compensatory and punitive damages and $470,611 as back wages to the 16 women affected. Among other equitable relief measures, the employer must provide the EEOC with all written or oral complaints of sexual harassment or discrimination made to the employer’s human resources or employee relations departments, and any corrective action taken in response to the complaints.
U.S.D.C. for the Southern District of Ohio
2/3/2014
$1.4 million Age Discrimination According to the EEOC, the agency resolved four systemic ADEA investigations, alleging the employers did not permit volunteer firefighters to accrue points for performing certain duties once they reached the age of 55-60. The points translate into greater retirement benefits. Under the terms of the conciliation agreements, the employer restored the points not awarded due to age, thereby resulting in increased monthly benefits at retirement, and lump sum retroactive awards of monetary benefits for current retirees and family members of deceased retirees. The employers were also required to change their policies to make them ADEA-compliant.
* This settlement
1 Littler monitored EEOC press releases regarding settlements, jury verdicts, and judgments entered in EEOC-related litigation during FY 2014. The significant consent decrees and conciliation agreements in Appendix A include those amounting to $500,000 or more. Notable conciliation agreements are included in the shaded boxes. Appendix A also includes significant jury verdicts and judgments awarding more than $200,000 to plaintiffs and more than $175,000 to defendants.
SETTLEMENT
AMOUNT CLAIM DESCRIPTION COURT EEOC PRESS
RELEASE
$1.35 million Disability Discrimination
According to the EEOC, an employer’s fixed-leave policy failed to consider leave as reasonable accommodation. Per the EEOC, since the policy merely tracked requirements of the FMLA, employee leaves were limited to a maximum of 12 weeks. The employer’s policy meant that employees who were not eligible for FMLA leave were fired after being absent for a short time, and many more were fired once they were out more than 12 weeks. Under the terms of the consent decree, the employer must revise its leave policy, provide mandatory EEO training, and maintain records of all reports, complaints, or allegations that it failed to provide a leave of absence, and/or time off as a reasonable accommodation to a person with a disability and/or that the employer failed to engage in the interactive process with a person with a disability who requests time off and/or a leave of absence as a reasonable accommodation to her or his disability, and will comply with EEOC’s record-keeping regulations. The decree will be in effect for four years.
U.S.D.C. of New Jersey
6/30/2014
$1.3 million Race Discrimination According to the EEOC, the company engaged in a pattern or practice of race discrimination against African-American job applicants by refusing to hire them for front-of-house positions at two Baltimore, Maryland locations. The resulting consent decree will be in effect for two years. Under the terms of the decree, within 30 days the employer is required to submit $1.3 million into a Qualified Settlement Fund to be established and administered by the EEOC.
Of this amount, 50% shall constitute back pay with interest and the remaining 50% shall constitute statutory damages payable to eligible claimants who applied or were employed at any time during the period January 1, 1998 until January 1, 2010. The employer will be responsible for paying the settlement fund claims administrator’s fees incurred in the course of carrying out its duties in an amount not to exceed $150,000. The employer will also be required to designate a Decree Compliance Monitor to monitor and ensure its compliance with the terms of the consent decree. For two years the employer will also establish hiring goals and improved recruiting efforts to diversify its workforce, and strengthen its EEO training and compliance methods.
U.S.D.C. of
According to the EEOC, Thai farm workers were subject to national origin and race discrimination, harassment and retaliation. The EEOC lawsuit included claims against six separate farms. Settlements involving four other farms were reached in September 2014. The consent decree involving this particular farm will remain in effect for two years, and requires the company to insert specific anti-discrimination language into its contracts with farm labor contractors.
The company must also institute EEO training and internal complaint procedures.
U.S.D.C. of Hawaii 11/18/2013
$1 million Sex and
National Origin Discrimination
According to the EEOC, following a systemic investigation of a restaurant chain, the agency found that it failed to hire front-of-the-house staff on the basis of their sex and national origin. The conciliation agreement provided for a payment of $1 million to the class members. In addition, the employer agreed to train all human resources and management personnel on EEO laws, and will make efforts to recruit women and Hispanic employees.
* This settlement
According to the EEOC, this settlement resolved six discrimination charges filed between 2007 and 2009 alleging a staffing firm engaged in a pattern and practice of classifying and failing to refer job applicants in San Diego based on their race, color, sex, national origin, age, or disability. In addition to the $920,000 in monetary relief, the employer is required to conduct annual EEO and diversity training to all employees at its San Diego location, with an emphasis on non-discriminatory referral and hiring procedures. The employer must also hire an independent EEO consultant to assist with the revision of the company’s EEO policies and complaint procedures.
SETTLEMENT
AMOUNT CLAIM DESCRIPTION COURT EEOC PRESS
RELEASE
$900,000 Age Discrimination and Retaliation
According to the EEOC, the company discriminated against seven former management employees and a class of 108 former employees by firing workers over the age of 40 during a “reduction in force.” The EEOC alleged the company fired older employees because of their age and retaliated against certain employees who opposed orders to discriminate against older workers.
The resulting consent decree will be in force for three years, and require the employer to conduct management training and create employment policies addressing age discrimination and retaliation. On a semi-annual basis during the three-year consent decree period, the employer will be required to provide the EEOC with a list of all complaints of discrimination or retaliation made against the employer. With respect to the monetary portion of the settlement,
$445,500 will be apportioned in varying amounts to the seven named plaintiffs and another employee who was terminated on account of age; the remaining $454,500 will be placed in a settlement fun for potential claimants.
U.S.D.C. for the Northern District of Illinois
9/22/2014
$650,000 Race Discrimination According to the EEOC, a company failed to hire a class of individuals on account of their race (African American) or national origin (Hispanic). The EEOC and the company reached a negotiated settlement, whereby the employer will pay $650,000 to the class, and will hire 75 African American and Hispanic workers over the next five years.
* This settlement
According to the EEOC, an employer’s background screening policy resulted in unlawful discrimination based on race (African American), national origin (Hispanic) and sex (male). This EEOC investigation resulted in a conciliation agreement whereby the employer will agree to establish a class back pay fund of $650,000 for aggrieved individuals, as well as reform its criminal history screening process to conform to the EEOC’s Enforcement Guidance. The agreement provides for an external monitor and training in criminal history screening.
$575,000 Age Discrimination According to the EEOC, the company engaged in a pattern or practice of age discrimination against approximately 200 applicants 40 and over at six of its restaurants in five Pennsylvania cities and one Ohio city. The EEOC also alleged the company failed to keep required records. The resulting consent decree will be in force for 3.5 years, and require the employer to pay $115,000 per month for five months, for a total of$575,000 in monetary relief, into a Qualified Settlement Fund account, which will be managed by a claims administrator. Under the terms of the decree, the employer must pay all of the administrator’s expenses incurred in the course of carrying out its duties under the decree, up to a maximum of $15,000. The employer must also establish recruiting and hiring goals, and institute other anti-discrimination measures, including EEO training.
U.S.D.C. for the Western District of Pennsylvania
12/9/2013
$530,000 Sex Discrimination According to the EEOC, a company employing drivers allegedly had a practice of not hiring women for driving positions because of their sex. In addition to paying $530,000, the employer will adopt an EEO policy prohibiting gender discrimination, and train all human resources personnel on gender-based discrimination.
According to the EEOC, two separate employers (a hospital and an insurance company) each agreed to pay $500,000 to employees who were allegedly discriminated on the basis of disability, and modify their leave policies to provide accommodations to employees with disabilities.
* This settlement