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Defendants moved for dismissal arguing 1 Africa is not a nation and so cannot serve as the basis of a national origin claim, 2 EEOC failed to allege any shared cultural or linguistic characteristics between the aggrieved individuals so they could not constitute a protected class; and 3 the EEOC's retaliation claim must be dismissed because EEOC failed to allege protected activity or the Defendants had knowledge of the white supervisor's motivations.

The Magistrate Judge recommended that the motion be denied in total. Columbine Health Sys. Action No. In this case, the Commission alleged that the company engaged in a pattern-or-practice of race discrimination by relying on word-of-mouth hiring which resulted in a o white Light skinned girl at walgreens on jefferson despite the substantial African-American available workforce in the Newark area. Besides the monetary compensation, the five year consent decree requires FAPS to meet substantial hiring goals for African-Americans; give hiring priority to rejected class members who are interested in working at the company; use recruiting methods deed to increase the African-American applicant pool; and hire an EEO coordinator to ensure compliance jeffeerson Title VII.

FAPS, Inc. June 15, In AprilLocal 25 of the Sheet Metal Workers' International Association and its associated apprenticeship school agreed to create a back pay fund for a group of minority sheet metal workers in partial settlement of race discrimination claims against the local union. The trade union, which is responsible for sheet metal journeypersons in northern New Jersey, allegedly discriminated against black and Hispanic journeypersons over a multi-year period in hiring and job asments.

An analysis of hours and wages showed African-American and Hispanic workers received fewer hours of work than their white co-workers during most of this same timeframe. This particular agreement covers from April through December April 2, This resolution settles claims that the company subjected a class of Black employees to a hostile work environment that included racist graffiti and comments, that included the N-word and "boy.

The qt decree also requires Hillshire to implement anti-racism training and create a mechanism for employees at its existing plants to confidentially report instances of harassment, discrimination and retaliation. The settlement also requires Hillshire to deate one employee to serve as a point-of-contact for those who feel they've been treated improperly and to punish workers with suspensions and even termination who are found "by reasonable evidence" to have engaged in racial bias or behavior related to it.

Hillshire Brands Co. The Hillshire Brands Co. In Octobera federal judge held that the operators of an Indianapolis Hampton Inn in contempt hefferson failing to comply with five different conditions settling the EEOC's class race discrimination and retaliation lawsuit against the companies. The judge faulted Noble Management LLC and New Indianapolis Hotels for failing to: 1 properly post notices; 2 properly train management employees; 3 keep employment records; 4 institute a new hiring procedure for housekeeping employees; and 5 reinstate three former housekeeping employees.

The judge also faulted Noble and New Indianapolis Hotels for comingling of medical records in employee personnel files. The agency also charged that the hotel paid lower wages to Black housekeepers, excluded Black housekeeping applicants on a systemic basis, and failed to maintain records required by law in violation of Title VII. In Septemberthe judge entered a five-year consent decree resolving the EEOC's litigation against the hotel operators.

The court also ened the operators from race discrimination and retaliation in the future. Defendants were also ordered to: 1 provide monthly reporting to the EEOC on compliance with the new hiring procedure, recordkeeping and posting; 2 pay fines for late reporting; 3 allow random inspections by the EEOC subject to a fine, for failure to grant access; 4 pay fines for failure to post, destroying records or failing to distribute employment applications; 5 provide EEOC with walgreems requested employment records within 15 days Ligyt a request; 6 cease comingling medical records; and 7 train management employees.

The posting and training provisions of the Decree were also extended by two years. Specifically, the EEOC alleged that after learning the of the criminal background checks around JulyBMW denied plant access to 88 logistics employees, resulting in their termination from the logistics provider and denial of hire by the new logistics services provider for work at BMW. Of those skinned employees, 70 were Black. Some of the logistics employees had been employed at BMW for several years, working for the various logistics services providers utilized by BMW since the opening of the plant in Under the terms of a consent decree ed by Judge Henry M.

Herlong of the U. In addition to the monetary relief, the company will provide each claimant who wishes to return to the facility an opportunity to apply for a logistics position. BMW will also notify other applicants who have ly expressed jeffersson in a logistics position at the facility of their right to apply for work, the decree states. BMW has implemented a new criminal background check policy and waogreens continue to operate under that policy throughout the three-year term of the decree.

The company is expressly ened from "utilizing the criminal background check guidelines" challenged by the EEOC in its lawsuit, the decree states. The agreement also imposes on BMW notice-posting, training, record-keeping, reporting and other requirements.

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BMW Mfg. In AugustTarget Corp. Three assessments used by Target disproportionately screened out female and racial minority applicants, and a separate psychological assessment was a pre-employment medical examination that violated the Americans with Disabilities Act, the EEOC had charged. Target also violated Title VII of the Civil Rights Act by failing to maintain the records sufficient to gauge the impact of its hiring procedures. Under the three-year conciliation agreement, reached before any lawsuit was filed, Target has discontinued the use of the tests and made changes to its applicant tracking system, the EEOC said.

About 4, unsuccessful applicants affected by the alleged discriminatory tests now are eligible to file claims for monetary relief. According to a complaint filed by the EEOC the same day as the proposed decree, Patterson-UTI had engaged in patterns or practices of hostile work environment harassment, disparate treatment discrimination and retaliation against Hispanic, Latino, Black, American Indian, Asian, Pacific Islander and other minority workers at its facilities in Colorado and other states.

Under the proposed four-year consent decree, the drilling company also will create a new vice president position to be filled by a "qualified EEO professional" who will facilitate, monitor and report on the company's compliance wwalgreens certain training, management evaluation, minority outreach, and other remedial measures. According to the EEOC's suit, Skanska violated federal law by allowing workers to subject a class of Black employees who were working as buck hoist operators to racial harassment, and by firing them for complaining to Skanska about the misconduct.

Skanska served walgreenw the general contractor on the Methodist Le Bonheur Children's Hospital gifl Memphis, Lught the incidents in this lawsuit took place. The class of Black employees worked for C-1, Inc. Construction Company, a minority-owned subcontractor for Skanska. Skanska awarded a subcontract to C-1 to provide buck hoist operations gifl the construction site and thereafter supervised all C-1 employees while at the work site.

The EEOC charged that Skanska failed to properly investigate complaints from the buck hoist operators that white employees subjected them to racially offensive comments and physical assault. The EEOC's lawsuit charged that the staffing firms had discriminated against four Black temporary employees and a class of Black and non-Hispanic job applicants by failing to place or refer them for employment. The four temporary employees said while seeking employment through the company's Memphis area facilities, they witnessed Hispanic applicants getting preferential treatment in hiring and st.

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New Koosharem Corp. Employees of these racial groups on company rigs regularly heard racist terms and demeaning remarks about green cards and deportation, the EEOC complaint said. Several individuals complained to management, but their complaints were minimized or ignored, the complaint alleged. For example, an area supervisor responded to employee complaints by telling the complainants they could quit or by saying that he was sick of everyone coming to him and that everyone simply needed to do their jobs.

In addition, the complaint stated that several men were demoted or fired after taking their complaints of discrimination to the Wyoming Department of Workforce Services' Labor Standards Division. Dart Energy Corp.

In Novembera Rockville, Md. Under a three-year consent decree ed Nov.

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Grimm of the U. According to the EEOC, the company has relied exclusively on "word-of-mouth recruitment practices" for field laborer positions, with the intent and effect of restricting the recruitment of Black and female applicants. ACM also subjected the two charging parties to harassment based on sex, national origin and race, and it retaliated against them for opposing the mistreatment-and against one of them based on her association with Black people-by firing them, the commission alleged.

In addition to the monetary relief, the decree requires the company to set numerical hiring goals for its field laborer positions, recruit Black and female applicants via print and Internet advertisements and report to the EEOC regarding its attainment of the numerical hiring goals and other settlement terms. ACM Servs. In this case, the EEOC alleged that the Battaglia tolerated an egregious race-based hostile work environment, requiring African-American dock workers to endure harassment that included racial slurs including the "N" word.

Among other relief provided under the decree, Battaglia also will provide its managers with training on Title VII and report regularly to the EEOC on any complaints it has received, as well as provide other data to demonstrate that it has not retaliated against any of the participants in the litigation. Battaglia Distrib. Prestige Transp. Service L.

WMNcv D. According to the EEOC's suit, Black employees were subjected to racial slurs and other racially offensive comments by their White supervisor, at U-Haul's Memphis facility. The EEOC's complaint charged that the supervisor regularly referred to Black employees with the "N" word and other derogatory slurs. The suit further alleged that the company engaged in retaliation by firing one employee when he complained of racial harassment to the company president. Under the two-year consent decree, U-Haul Company of Tennessee must maintain an anti-discrimination policy prohibiting race discrimination, racial harassment, and retaliation, and provide mandatory training to all employees regarding the policy.

Additionally, the marketing company president will receive training on race discrimination and on obligations to report race discrimination, racial harassment, and retaliation. Finally, the company will provide written reports to the EEOC regarding any race discrimination or racial harassment complaints by employees.

U-Haul Co. The consent decree also requires River View to refrain from any future racial discrimination in its hiring procedures. Black employees alleged that the supervisors allowed the behavior to continue unchecked. The consent decree permanently ens the company from discriminating against employees on the basis of race and requires the company to enact a graffiti abatement policy and undergo annual reviews of its compliance for two years EEOC v.

Rock-Tenn Services Co. According to the EEOC's lawsuit, 51 African American applicants sought work with Caldwell Freight and none was hired even though many had dock experience and were qualified for the positions. An EEOC investigation revealed that the company hired no Black dock workers during the period studied and that one high-level manager allegedly said he "didn't want any [B]lacks on the dock. Caldwell Freight Light skinned girl at walgreens on jefferson, Case No. According to the EEOC, evidence at trial indicated that a White supervisor used "the N word" in reference to Black employees, called male Black employees "motherfucking boys," posted racially tinged materials in an employee break room, and accused Black employees of "always stealing and wanting welfare.

When some employees complained, the supervisor allegedly replied the noose was "no big deal" and that workers who complained were "too sensitive. In a judgment entered Oct. Because trial evidence also showed that AA Foundries lacked effective internal procedures to handle discrimination complaints, it must conduct at least one hour of equal employment opportunity training for all employees within 60 days of the court's Oct.

The company must distribute copies of its revised written anti-harassment policy to all current and future employees and post the policy in the break room of its San Antonio manufacturing facility. Every employee shall be notified of the procedure for initiating racial harassment or other bias complaints, including notice of their right to file EEOC charges if the company does not resolve their complaint. AA Foundries Inc. In its original complaint, EEOC alleged that since at leastmanagement officials and employees at Scully Distribution referred to Black drivers as "niggers," East Indian drivers as "Taliban" and "camel jockeys," and a Latino manager as a "spic.

EEOC claimed Scully also fired one of the three employees who filed EEOC charges complaining about the alleged harassment in retaliation for his protected activity. Scully Distribution Servs. In Augusta Tampa, Fla. In the lawsuit, EEOC alleged that the harassment of African American employees included multiple displays of nooses, the repeated use of the "N-word," and physical threats. Two African-American employees also alleged they were fired because of their race and two White employees asserted they were fired for engaging in protected activity and in retaliation for associating with African-American employees.

At summary judgment, the district court denied in part the company's motion, stating that the company ignored both the extreme symbolism of a noose and that a reasonable jury could conclude that the worksite had at least some racial tension given the other nooses, threats, and racial epithets that each African-American employee experienced, and that the noose was intended to intimidate all African-Americans. The court also found that a reasonable jury could decide that Defendant failed to exercise reasonable care to prevent or remedy the harassment since it did not distribute its written policy forbidding racial harassment to its employees, post it at the job-site, or train the employees about what constitutes harassment and how to report it.

BMW Mfg. In AugustTarget Corp. Three assessments used by Target disproportionately screened out female and racial minority applicants, and a separate psychological assessment was a pre-employment medical examination that violated the Americans with Disabilities Act, the EEOC had charged. Target also violated Title VII of the Civil Rights Act by failing to maintain the records sufficient to gauge the impact of its hiring procedures.

Under the three-year conciliation agreement, reached before any lawsuit was filed, Target has discontinued the use of the tests and made changes to its applicant tracking system, the EEOC said. About 4, unsuccessful applicants affected by the alleged discriminatory tests now are eligible to file claims for monetary relief. According to a complaint filed by the EEOC the same day as the proposed decree, Patterson-UTI had engaged in patterns or practices of hostile work environment harassment, disparate treatment discrimination and retaliation against Hispanic, Latino, Black, American Indian, Asian, Pacific Islander and other minority workers at its facilities in Colorado and other states.

Under the proposed four-year consent decree, the drilling company also will create a new vice president position to be filled by a "qualified EEO professional" who will facilitate, monitor and report on the company's compliance with certain training, management evaluation, minority outreach, and other remedial measures. According to the EEOC's suit, Skanska violated federal law by allowing workers jefefrson subject a class of Black jefefrson who were working as buck hoist operators to racial harassment, and by firing them for complaining to Skanska about the misconduct.

Skanska served as the general contractor on the Methodist Le Bonheur Children's Hospital in Memphis, where the incidents in this lawsuit took place. The class of Black employees worked for C-1, Inc. Construction Company, a minority-owned subcontractor for Skanska. Skanska awarded a subcontract to C-1 to provide buck hoist operations for the construction site and thereafter supervised all C-1 employees while at the work site. The EEOC charged that Skanska failed to properly investigate complaints from the buck hoist operators that white employees subjected them to racially offensive comments and physical assault.

The EEOC's lawsuit charged that a staffing firms had discriminated against four Black temporary employees and a class of Black and non-Hispanic job applicants by failing to place or refer them for employment. The four temporary employees said while seeking employment through the company's Memphis area facilities, they witnessed Hispanic applicants getting preferential treatment in hiring and placement. New Koosharem Corp.

Employees of these racial groups on company rigs regularly heard racist terms and demeaning remarks about green cards and deportation, the EEOC complaint said.

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Several individuals complained to management, but their complaints were minimized or ignored, the complaint alleged. For example, an area supervisor responded to employee complaints by telling the complainants they could quit or skibned saying that he was sick of everyone coming to him and that everyone simply needed to do their jobs. In addition, the complaint stated that several men were demoted or fired after taking their complaints of discrimination to the Wyoming Department of Workforce Services' Labor Standards Division.

Dart Energy Corp. In Novembera Rockville, Md. Under a three-year consent decree ed Nov. Walgreenw of the U. According to the EEOC, the company has zkinned exclusively on "word-of-mouth recruitment practices" for field laborer positions, with the intent and effect of restricting the recruitment of Black and female applicants. ACM also subjected the two charging parties to harassment based on sex, national origin and race, and it retaliated against them for opposing the mistreatment-and against one of them based on her association with Black people-by firing them, the commission alleged.

In addition to the monetary relief, the decree requires the company to set numerical hiring goals for its field walgreeens positions, recruit Black and female applicants via print and Internet advertisements and report to the EEOC regarding its attainment of the numerical hiring goals and other settlement terms. ACM Servs. In this case, the EEOC alleged that the Battaglia tolerated an egregious race-based hostile work environment, requiring African-American dock workers to endure harassment that included wqlgreens slurs including the "N" word.

Among other relief provided under the decree, Battaglia also will provide its managers with training on Title VII and report regularly to the EEOC on any wakgreens it has received, as well as provide other data to demonstrate that it has not retaliated against any of the participants in the litigation. Battaglia Distrib.

Prestige Transp. Service L. WMNcv D. According to the EEOC's suit, Black employees were subjected to racial slurs and other racially offensive comments by their White supervisor, at U-Haul's Memphis facility. The EEOC's complaint charged that the supervisor regularly referred to Black employees with the "N" word and other derogatory slurs. The suit further alleged that the company engaged in retaliation by firing one employee when he complained of racial harassment to the company president.

Under the two-year consent decree, U-Haul Company of Tennessee must maintain an anti-discrimination policy prohibiting race discrimination, racial harassment, and retaliation, and provide mandatory training to all employees regarding the policy. Additionally, the marketing company president will receive training on race discrimination and on obligations to report race discrimination, racial harassment, and retaliation. Finally, the company will provide written reports to the EEOC regarding any race discrimination or racial harassment complaints by employees.

U-Haul Co. The consent decree also requires River View to refrain from any future racial discrimination in its hiring procedures. Black employees alleged that the supervisors allowed the behavior to continue unchecked. The consent decree permanently ens the company from discriminating against employees on the basis of race and requires the company to enact a graffiti abatement policy and undergo annual reviews of its compliance for two years EEOC v.

Rock-Tenn Services Co. According to the EEOC's lawsuit, 51 African American applicants sought work with Caldwell Freight and none was hired even though many had dock experience and were qualified for the positions. An EEOC investigation revealed that the company hired no Black dock workers during the period studied and that one high-level manager allegedly said he "didn't want any [B]lacks on the dock.

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Caldwell Freight Lines, Case No. According to the EEOC, evidence at trial indicated that a White supervisor used "the N word" in reference to Black employees, called male Black employees "motherfucking boys," posted racially tinged materials in an employee break room, and accused Black employees of "always stealing and wanting welfare. When some employees complained, the supervisor allegedly replied the noose was "no big deal" and that workers who complained were "too sensitive.

In a judgment entered Oct. Because trial evidence also showed that AA Foundries lacked effective internal procedures to handle discrimination complaints, it must conduct at least one hour of equal employment opportunity training for all employees within 60 days of the court's Oct. The company must distribute copies of its revised written anti-harassment policy to all current and future employees and post the policy in the break room of its San Antonio manufacturing facility.

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Every employee shall be notified of the procedure for initiating racial harassment or other bias complaints, including notice of their right to file EEOC charges if the company does not resolve their complaint. AA Foundries Inc. In its original complaint, EEOC alleged that since at leastmanagement officials and employees at Scully Distribution referred to Black drivers as "niggers," East Indian drivers as "Taliban" and "camel jockeys," and a Latino manager as a "spic.

EEOC claimed Scully also fired one of the three employees who filed EEOC charges complaining about the alleged harassment in retaliation for his protected activity. Scully Distribution Servs. In Augusta Tampa, Fla.

In the lawsuit, EEOC alleged that the harassment of African American employees included multiple displays of nooses, the repeated use of the "N-word," and physical threats. Two African-American employees also alleged they were fired because of their race and two White employees asserted they were fired for engaging in protected activity and in retaliation for associating with African-American employees.

At summary judgment, the district court denied in part the company's motion, Light skinned girl at walgreens on jefferson that the company ignored both the extreme symbolism of a noose and that a reasonable jury could conclude that the worksite had at least some racial tension given the other nooses, threats, and racial epithets that each African-American employee experienced, and that the noose was intended to intimidate all African-Americans.

The court also found that a reasonable jury could decide that Defendant failed to exercise reasonable care to prevent or remedy the harassment since it did not distribute its written policy forbidding racial harassment to its employees, post it at the job-site, or train the employees about what constitutes harassment and how to report it. The court, however, determined that Defendant was entitled to summary judgment on the hostile work environment claims brought on behalf of the White employees because injury must be personal and thus a White employee cannot sue for harassment of African-American employees that the White employee happened to see.

Lastly, intervening Plaintiff provided direct evidence that the supervisor who fired him did so because of his race through the supervisor's comment that he could get rid of "that. Although the company denied liability for the harassment, the three-year consent decree ens the company from engaging in further retaliation, race discrimination, or racial harassment, including associational bias. The company also must revise its anti-discrimination policy; provide employee training on the revised policy; and develop a procedure for investigating complaints of race discrimination and harassment and evaluating supervisors' compliance with the revised anti-discrimination policy.

In JuneYellow Transportation Inc. In its complaint, the EEOC claimed that Black employees at the Chicago Ridge facility, which closed inwere subjected to multiple incidents of hangman's nooses and racist graffiti, comments, and cartoons. EEOC claimed that Yellow and YRC also subjected Black employees to harsher discipline and closer scrutiny than their White counterparts and gave Black employees more difficult and time-consuming work asments. The court granted preliminary approval of a proposed consent decree, but it must grant final approval following a fairness hearing before the decree takes effect.

Yellow Transp.

Under Pepsi's former policy, job applicants who had been arrested pending prosecution were not hired for a permanent job even if they had never been convicted of any offense. The use of arrest and conviction records to deny employment can be illegal under Title VII of the Civil Rights Act ofwhen it is not relevant for the job, because it can limit the employment opportunities of applicants or workers based on their race or ethnicity. The lawsuit alleged that management at the company's Brooklyn facility routinely subjected more than 30 Black and African male loaders and drivers to sexual and racial harassment and retaliated against employees who complained.

The harassment was both physical and xkinned and included offensive comments based on race and national origin such as "nigger" and "African bastard" as well as explicit sexual expressions. The Commission jeffetson alleged that the company engaged in retaliation against workers who ed in the complaint. In addition to the monetary relief, M. Slavin agreed to submit to 5 years of monitoring by the EEOC; retain an independent EEO coordinator to investigate complaints; conduct one-on-one training for the worst harassers; and provide annual training for all staff.

In DecemberRoadway Express, a less-than-truckload motor carrier with terminals throughout North America, skibned the claims jefderson two lawsuits alleging racial harassment of Black employees and race discrimination in terms and conditions of employment at two Illinois facilities. The claims included: 1 awarding Black employees less favorable asments both terminals ; 2 asing them more difficult and demanding work both terminals ; 3 enforcing break times more stringently Chicago Heights ; 4 subjecting their work to heightened scrutiny Chicago Heights ; and 5 disciplining them for minor misconduct both terminals.

Roadway also ased Chicago Heights employees to segregated work groups. In addition to prohibiting race discrimination and retaliation against Black employees at YRC's Chicago Heights facility, jefefrson decree also requires YRC to provide all Chicago Heights employees annual training on racial harassment and race discrimination and engage a Work Asment Consultant and a Disciplinary Practice Consultant to assist it in reviewing and revising the company's work asment and disciplinary policies and practices at the Chicago facility.

Roadway Express, Inc. In pertinent part, the EEOC alleged that Black employees at AFP were subjected to intimidation, ridicule, insults, racially offensive comments and jokes, and cartoons and images that denigrated African-Americans. White employees and managers regularly ed racially derogatory jokes, cartoons, and other materials to coworkers, and st racially offensive photographs on the bulletin board outside the human resources office.

They also engaged in threatening and intimidating conduct toward Black employees, such as tampering with the brake lines and air hoses of one CP's truck. The 2-year consent decree also ens race and sex male discrimination under Title VII, as well as retaliation. Defendant will file annual audit reports with the EEOC summarizing each complaint of race or sex male discrimination, or retaliation, it receives at its Pfluggerville, Texas location and its disposition.

Austin Foam Plastics, Inc. Allegedly, the company disciplined an African-American quality control supervisor for having facial hair and using a cell phone during work, while Caucasian employees were not reprimanded for similar conduct. In addition to management subjecting the Black supervisor to heightened and unfair scrutiny, the company moved his office to the basement, while White employees holding the same position were moved to higher floors.

Other African-American employees were subjected to racial harassment, such as a White supervisor placing a hangman's noose on a piece of machinery. Mineral Met, Inc. Ohio Sept. Light skinned girl at walgreens on jefferson

Ificant eeoc race/color cases(covering private and federal sectors) | u.s. equal employment opportunity commission

According to the lawsuit, EEOC alleged from at least to the present, a White foreman repeatedly used racial slurs toward Black workers, that skinned company ased Black employees to the most difficult, dirty, and least desirable jobs, that the roofing contractor systematically excluded Black employees from promotion opportunities, and that the company retaliated against those who complained.

Additionally, nooses were displayed and portable toilets featured racially offensive graffiti with swastikas and "KKK" references at the job sites, EEOC alleged. Although it admitted no Litht and said that it settled the case for financial reasons, the company agreed to hire an equal employment opportunity coordinator to provide employee EEO training, monitor future race discrimination complaints, and file periodic reports with EEOC skinnedd hiring, layoffs, and promotions. Elmer W.