Pinnacle Pharmacy Failed to Protect Female Employees from Harasser, Federal Agency Charged
MADISON, Wis. – Omnicare, Inc., doing business as Pinnacle Pharmacy, violated federal law by subjecting a class of women to a sexually hostile work environment in its La Crosse, Wis., location, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced today.
According to the EEOC’s suit, (EEOC v. Omnicare, Inc. d/b/a Pinnacle Pharmacy, Case No. 10-cv-364), filed in U.S. District Court for the Western District of Wisconsin, the La Crosse pharmacy manager engaged in repeated, egregious acts of sexual harassment toward female employees, such as unwelcome touching that included approaching female employees from behind and grinding his crotch on them, and making sexually explicit and demeaning comments to female employees.
Several of the women complained repeatedly about the sexual harassment, but Pinnacle Pharmacy failed to assist them, the EEOC reported. Instead, the agency said, company officials accused the women of misunderstanding the manager, ordered them to return to work and to stay away from the harasser.
Title VII of the Civil Rights Act of 1964 makes it unlawful to harass employees based on sex, including sexual harassment, and prohibits retaliation against someone who complains about discrimination. The EEOC filed suit after first attempting to reach a pre-litigation settlement. The agency seeks injunctive relief to end the discriminatory practices, plus back pay and compensatory and punitive damages and other relief to compensate the victims for their monetary losses and emotional pain and suffering and to deter the company from future civil rights violations.
"Every company has a duty to protect its employees from sexual harassment in its workplace, especially when it calls for remedial action against a sexual harasser who is, as in this case, a supervisor,” EEOC Regional Attorney John C. Hendrickson noted. “It’s uncivilized and unlawful, and the EEOC will never flag in combating such misconduct.”
EEOC Chicago District Office Director John P. Rowe said, "No employee should have to silently endure this type of offensive sexual conduct in order to keep a job. Employees have a right to work in an environment free of sexual harassment. Employers who ignore their employees’ complaints about harassment can expect to see the EEOC in their future.”
The EEOC’s legal team in its Milwaukee Area Office will conduct the litigation under the management of the agency’s Chicago District Office. The Chicago office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Wisconsin, Illinois, Minnesota, Illinois, Iowa, North and South Dakota with Area Offices in Milwaukee and Minneapolis.
The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its web site at www.eeoc.gov.
Showing posts with label sexual harassment. Show all posts
Showing posts with label sexual harassment. Show all posts
Thursday, July 1, 2010
Wednesday, June 23, 2010
Applebee’s Neighborhood Grill & Bar Is Being Sued For Sexual Harassment And Retaliation
Agency Says General Manager Abused Women for Six Years And Punished Employees Who Complained
BISMARCK, N.D. – The Applebee’s Neighborhood Grill & Bar – Bismarck South, owned and operated by Apple Core, Inc. and Food Management Investors, Inc. (FMI), violated federal civil rights laws by permitting a former store general manager to create a pattern and practice of sexual harassment and retaliation against employees, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed late yesterday.
According to the EEOC’s complaint, between 2002 and the end of 2007, the general manager of Bismarck South Applebee’s routinely groped female employees, solicited sexual relations, told sexually explicit stories and jokes and made highly personalized sexual comments designed to demean and humiliate female employees. The EEOC’s investigation indicated that on at least one occasion, the harasser coerced an employee into giving him oral sex in exchange for a raise. Additionally, the EEOC’s complaint alleges that the manager systematically retaliated against female employees who rebuffed his sexual advances, and retaliated against both female and male employees who complained about his behavior.
Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC’s suit was docketed before Judge Daniel L. Hovland in the Southwestern Division of the U.S. District Court for the District of North Dakota (Equal Employment Opportunity Commission v. Apple Core, Inc. and Food Management Investors, Inc. d/b/a Applebee’s Neighborhood Grill & Bar; Civil Action No. 1:10-cv-00048 DLH/CSM) after first attempting to reach a voluntary settlement out of court through its conciliation process.
John Rowe, director of the EEOC’s Chicago District, which includes North Dakota, said that the EEOC’s administrative investigation which preceded the lawsuit revealed that the manager provided various employment-related rewards and punishments to female employees, dependent on whether they accepted or rebuffed his sexual advances.
“No one should ever have to endure the abuse that these workers did just to try to make a living,” said Rowe. “It’s uncivilized and unlawful, and the EEOC will never flag in combating such misconduct.”
John Hendrickson, the EEOC regional attorney in Chicago, said, “It appears from our investigation -- and our task will be to prove it in court -- that Apple Core/FMI knew about this man’s unlawful behavior, but still allowed him to create a hyper-sexualized, toxic workplace to serve his sexual appetite.”
“At the heart of what EEOC alleges,” Hendrickson added, “is our contention that, despite repeated complaints and warnings about the general manager’s behavior at Applebee’s -- year in and year out -- this company, which cultivates a wholesome family-friendly,neighborhood image could not bring itself to call a halt to sexual harassment by one of its managers.”
In this case, the EEOC is seeking injunctive relief that will require Apple Core/FMI to adopt an effective sexual harassment prevention policy that complies with federal law and will seek back pay, compensatory and punitive damages on behalf of the charging parties and a class of approximately 20 former employees of the Applebee’s Neighborhood Grill & Bar – Bismarck South.
The EEOC’s lawsuit stems from charges of discrimination that were filed by five former employees of the Applebee’s Neighborhood Grill & Bar – Bismarck South, located at 434 South 3rd Street in Bismarck.
According to its website, (http://nglobe.com:78/) Apple Core Enterprises, Inc. is “a franchisee of Applebee’s International, which owns and operates Applebee’s restaurants in North Dakota, Minnesota, Arizona and California.” Also according to its website, Food Management Investors, Inc. is “a restaurant management company located in Minot, North Dakota [and is] responsible for accounting management for Applecore Enterprises, Inc.” Myron D. Thompson of Minot, N.D., has been the president, CEO and director of Food Management Investors, Inc. and the president and director of Apple Core, Inc. since 1990.
The EEOC’s legal team in Minneapolis Area Office will conduct the litigation under the management of the agency’s Chicago District Office. That office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in North Dakota, Minnesota, South Dakota, Wisconsin, Illinois and Iowa, with Area Offices in Milwaukee and Minneapolis.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.
BISMARCK, N.D. – The Applebee’s Neighborhood Grill & Bar – Bismarck South, owned and operated by Apple Core, Inc. and Food Management Investors, Inc. (FMI), violated federal civil rights laws by permitting a former store general manager to create a pattern and practice of sexual harassment and retaliation against employees, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed late yesterday.
According to the EEOC’s complaint, between 2002 and the end of 2007, the general manager of Bismarck South Applebee’s routinely groped female employees, solicited sexual relations, told sexually explicit stories and jokes and made highly personalized sexual comments designed to demean and humiliate female employees. The EEOC’s investigation indicated that on at least one occasion, the harasser coerced an employee into giving him oral sex in exchange for a raise. Additionally, the EEOC’s complaint alleges that the manager systematically retaliated against female employees who rebuffed his sexual advances, and retaliated against both female and male employees who complained about his behavior.
Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC’s suit was docketed before Judge Daniel L. Hovland in the Southwestern Division of the U.S. District Court for the District of North Dakota (Equal Employment Opportunity Commission v. Apple Core, Inc. and Food Management Investors, Inc. d/b/a Applebee’s Neighborhood Grill & Bar; Civil Action No. 1:10-cv-00048 DLH/CSM) after first attempting to reach a voluntary settlement out of court through its conciliation process.
John Rowe, director of the EEOC’s Chicago District, which includes North Dakota, said that the EEOC’s administrative investigation which preceded the lawsuit revealed that the manager provided various employment-related rewards and punishments to female employees, dependent on whether they accepted or rebuffed his sexual advances.
“No one should ever have to endure the abuse that these workers did just to try to make a living,” said Rowe. “It’s uncivilized and unlawful, and the EEOC will never flag in combating such misconduct.”
John Hendrickson, the EEOC regional attorney in Chicago, said, “It appears from our investigation -- and our task will be to prove it in court -- that Apple Core/FMI knew about this man’s unlawful behavior, but still allowed him to create a hyper-sexualized, toxic workplace to serve his sexual appetite.”
“At the heart of what EEOC alleges,” Hendrickson added, “is our contention that, despite repeated complaints and warnings about the general manager’s behavior at Applebee’s -- year in and year out -- this company, which cultivates a wholesome family-friendly,neighborhood image could not bring itself to call a halt to sexual harassment by one of its managers.”
In this case, the EEOC is seeking injunctive relief that will require Apple Core/FMI to adopt an effective sexual harassment prevention policy that complies with federal law and will seek back pay, compensatory and punitive damages on behalf of the charging parties and a class of approximately 20 former employees of the Applebee’s Neighborhood Grill & Bar – Bismarck South.
The EEOC’s lawsuit stems from charges of discrimination that were filed by five former employees of the Applebee’s Neighborhood Grill & Bar – Bismarck South, located at 434 South 3rd Street in Bismarck.
According to its website, (http://nglobe.com:78/) Apple Core Enterprises, Inc. is “a franchisee of Applebee’s International, which owns and operates Applebee’s restaurants in North Dakota, Minnesota, Arizona and California.” Also according to its website, Food Management Investors, Inc. is “a restaurant management company located in Minot, North Dakota [and is] responsible for accounting management for Applecore Enterprises, Inc.” Myron D. Thompson of Minot, N.D., has been the president, CEO and director of Food Management Investors, Inc. and the president and director of Apple Core, Inc. since 1990.
The EEOC’s legal team in Minneapolis Area Office will conduct the litigation under the management of the agency’s Chicago District Office. That office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in North Dakota, Minnesota, South Dakota, Wisconsin, Illinois and Iowa, with Area Offices in Milwaukee and Minneapolis.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov.
Tuesday, June 22, 2010
Plastics Molding Companies to Pay $190,000 to Settle EEOC Sexual Harassment Lawsuit
EPI Subjected Female Workers to Verbal and Physical Abuse, Federal Agency Charges
OXFORD, Miss. – A St. Louis-based plastic injection molding company will pay $190,000 and provide other relief to resolve a sexual harassment and constructive discharge lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced on 06/21/2010.
According to the EEOC’s suit, EPI Advanced, LLC and Engineered Products Industries, LLC allowed Dean Miller, a male supervisor, and another male co-worker to harass press operator Cathy Johnson and seven other women at its Sherman, Miss., plant. The women claimed that they were forced to endure a myriad of sexually explicit comments and propositions, and some were grabbed and touched as well by Miller. Several women quit because of the harassment, and one woman quit her job after Miller phoned her at work threatening to sexually assault her in the employee parking lot. Although several complaints were made by victims to management, the company failed to properly investigate complaints and stop the misconduct, the EEOC said.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Northern District of Mississippi (Civil Action No. 3:09-cv-00108) after first attempting to reach a voluntary settlement out of court through its conciliation process.
In addition to the monetary relief, EPI Advanced, LLC and Engineered Products Industries, LLC are required, under the publicly filed consent decree, to develop and maintain a policy prohibiting sexual harassment; to distribute the policy and complaint procedure to all employees; to provide mandatory training to its employees within six months of the decree; to post a notice of the settlement at the Sherman plant; to maintain records of discrimination complaints; and to report such complaints to the EEOC, together with any actions taken in response, for three years. The decree resolving the case also enjoins EPI Advanced, LLC and Engineered Products Industries, LLC from subjecting any female employee to sexual harassment.
The litigation in U.S. District Court at Oxford was a joint effort of the legal units of the EEOC’s Memphis and Birmingham District Offices. Both offices have jurisdiction and provide services in the state of Mississippi. Celia Liner, from the Memphis District Office, and Maricia Woodham, from the Birmingham District Office, are the Commission attorneys who headed up the litigation team.
Celia Liner, EEOC senior trial attorney, said, “The environment at EPI was simply intolerable. Women should be able to report to work and do their jobs without being subjected to harassment. No one should have to deal with such conduct in order to get a paycheck. Employers must understand that sexual harassment simply cannot be condoned or tolerated at work. The EEOC will continue to combat harassment in the workplace so that women can work in environments free from sexual abuse.”
Maricia Woodham, EEOC trial attorney, added, “We are encouraged that the defendants will train supervisors and managers to handle any future complaints of harassment promptly and properly.”
EPI Advanced, LLC, wholly owned by Engineered Products Industries, LLC, specializes in plastic injection molding. EPI is a custom plastic injection molding company founded in 1953 with headquarters in St. Louis and divisional operations in Sherman, Miss., and DeQueen, Ark. The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
OXFORD, Miss. – A St. Louis-based plastic injection molding company will pay $190,000 and provide other relief to resolve a sexual harassment and constructive discharge lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced on 06/21/2010.
According to the EEOC’s suit, EPI Advanced, LLC and Engineered Products Industries, LLC allowed Dean Miller, a male supervisor, and another male co-worker to harass press operator Cathy Johnson and seven other women at its Sherman, Miss., plant. The women claimed that they were forced to endure a myriad of sexually explicit comments and propositions, and some were grabbed and touched as well by Miller. Several women quit because of the harassment, and one woman quit her job after Miller phoned her at work threatening to sexually assault her in the employee parking lot. Although several complaints were made by victims to management, the company failed to properly investigate complaints and stop the misconduct, the EEOC said.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Northern District of Mississippi (Civil Action No. 3:09-cv-00108) after first attempting to reach a voluntary settlement out of court through its conciliation process.
In addition to the monetary relief, EPI Advanced, LLC and Engineered Products Industries, LLC are required, under the publicly filed consent decree, to develop and maintain a policy prohibiting sexual harassment; to distribute the policy and complaint procedure to all employees; to provide mandatory training to its employees within six months of the decree; to post a notice of the settlement at the Sherman plant; to maintain records of discrimination complaints; and to report such complaints to the EEOC, together with any actions taken in response, for three years. The decree resolving the case also enjoins EPI Advanced, LLC and Engineered Products Industries, LLC from subjecting any female employee to sexual harassment.
The litigation in U.S. District Court at Oxford was a joint effort of the legal units of the EEOC’s Memphis and Birmingham District Offices. Both offices have jurisdiction and provide services in the state of Mississippi. Celia Liner, from the Memphis District Office, and Maricia Woodham, from the Birmingham District Office, are the Commission attorneys who headed up the litigation team.
Celia Liner, EEOC senior trial attorney, said, “The environment at EPI was simply intolerable. Women should be able to report to work and do their jobs without being subjected to harassment. No one should have to deal with such conduct in order to get a paycheck. Employers must understand that sexual harassment simply cannot be condoned or tolerated at work. The EEOC will continue to combat harassment in the workplace so that women can work in environments free from sexual abuse.”
Maricia Woodham, EEOC trial attorney, added, “We are encouraged that the defendants will train supervisors and managers to handle any future complaints of harassment promptly and properly.”
EPI Advanced, LLC, wholly owned by Engineered Products Industries, LLC, specializes in plastic injection molding. EPI is a custom plastic injection molding company founded in 1953 with headquarters in St. Louis and divisional operations in Sherman, Miss., and DeQueen, Ark. The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Wednesday, June 16, 2010
Federal Court Enters Consent Decree Resolving EEOC Sex Harassment Suit Against Biewer Sawmill
Supervisor Repeatedly Exposed Himself to Female Employees, Federal Agency Charged
MADISON, Wis. – Judge William M. Conley of the federal district court in Madison has entered a consent decree resolving a lawsuit brought by the U.S. Equal Employment Opportunity Commission against Biewer Wisconsin Sawmill, Inc. (BWS) of Prentice, Wis. The EEOC had charged that BWS, a major Midwestern lumber supplier, violated Title VII of the Civil Rights Act of 1964 when it did not take immediate and appropriate action to stop a supervisor’s sexual harassment after learning that he had repeatedly exposed his genitals to female employees over several years.
The decree provides that BWS will pay employees Verna Weber and Patricia Stade a total of $55,000, prohibits future sexual harassment and requires that BWS provide anti-discrimination training to its managers and human resources personnel.
Wisconsin court records indicate that on November 12, 2009, several months after the EEOC filed its civil lawsuit, the supervisor, Billy J. Decker, was convicted in a criminal case (Case No. 08-CM-106) in Price County Circuit Court of two counts of lewd and lascivious behavior for twice exposing himself to Weber in 2008.
“The Supreme Court has ruled that when an employer learns of sexual harassment, it must take immediate, appropriate, and effective action to stop it,” said Regional Attorney John C. Hendrickson of the EEOC’s Chicago District Office which is responsible for EEOC litigation in Wisconsin, Illinois, Minnesota, Iowa, North Dakota and South Dakota. “Here the EEOC contended that supervisors were aware of the harassment but did not take immediate action, and women suffered as a result. We appreciate BWS’s willingness to work with us to provide relief for the victims and to ensure that harassment does not recur.”
The case was litigated by Senior Trial Attorney Dennis McBride of the Milwaukee Area Office, part of the EEOC’s Chicago District Office.
According to its web site, BWS is one of several affiliated companies engaged in the lumber business under the Biewer name in Wisconsin, Michigan and Illinois and headquartered in St. Clair, Mich. The companies manufacture and distribute products for a wide variety of building applications. They have sawmills in Prentice, Wis. and McBain, Mich., and manufacturing and distribution facilities in Seneca, Ill., and Lansing, Mich. They are affiliated with Biewer Logistics, which offers custom transportation and shipping management, and with Biewer Industrial Lumber, LLC, which is described as the companies’ “business-to-business” branch.
The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its web site at www.eeoc.gov.
MADISON, Wis. – Judge William M. Conley of the federal district court in Madison has entered a consent decree resolving a lawsuit brought by the U.S. Equal Employment Opportunity Commission against Biewer Wisconsin Sawmill, Inc. (BWS) of Prentice, Wis. The EEOC had charged that BWS, a major Midwestern lumber supplier, violated Title VII of the Civil Rights Act of 1964 when it did not take immediate and appropriate action to stop a supervisor’s sexual harassment after learning that he had repeatedly exposed his genitals to female employees over several years.
The decree provides that BWS will pay employees Verna Weber and Patricia Stade a total of $55,000, prohibits future sexual harassment and requires that BWS provide anti-discrimination training to its managers and human resources personnel.
Wisconsin court records indicate that on November 12, 2009, several months after the EEOC filed its civil lawsuit, the supervisor, Billy J. Decker, was convicted in a criminal case (Case No. 08-CM-106) in Price County Circuit Court of two counts of lewd and lascivious behavior for twice exposing himself to Weber in 2008.
“The Supreme Court has ruled that when an employer learns of sexual harassment, it must take immediate, appropriate, and effective action to stop it,” said Regional Attorney John C. Hendrickson of the EEOC’s Chicago District Office which is responsible for EEOC litigation in Wisconsin, Illinois, Minnesota, Iowa, North Dakota and South Dakota. “Here the EEOC contended that supervisors were aware of the harassment but did not take immediate action, and women suffered as a result. We appreciate BWS’s willingness to work with us to provide relief for the victims and to ensure that harassment does not recur.”
The case was litigated by Senior Trial Attorney Dennis McBride of the Milwaukee Area Office, part of the EEOC’s Chicago District Office.
According to its web site, BWS is one of several affiliated companies engaged in the lumber business under the Biewer name in Wisconsin, Michigan and Illinois and headquartered in St. Clair, Mich. The companies manufacture and distribute products for a wide variety of building applications. They have sawmills in Prentice, Wis. and McBain, Mich., and manufacturing and distribution facilities in Seneca, Ill., and Lansing, Mich. They are affiliated with Biewer Logistics, which offers custom transportation and shipping management, and with Biewer Industrial Lumber, LLC, which is described as the companies’ “business-to-business” branch.
The EEOC enforces federal laws prohibiting discrimination in employment. Further information about the Commission is available on its web site at www.eeoc.gov.
Thursday, May 20, 2010
Overland Park Restaurant Sued By EEOC For Sexual Harassment Of Teen Worker
KANSAS CITY, Kan. – Cactus Grill, Inc., violated federal law when it allowed a manager to sexually harass an 18-year-old server at its restaurant in Leawood, Kan., the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today in federal court.
According to the EEOC’s suit, an assistant manager at the restaurant asked the server for sex, touched her, and made unwelcome sexual advances toward her. The harassment was so intolerable that the server was forced to quit her job, amounting to an unlawful constructive discharge, the EEOC said.
Title VII of the Civil Rights Act of 1964 protects workers from discrimination based upon gender, including sexual harassment. The EEOC filed this suit, Case No. ****, in U.S. District Court for the District of Kansas, after first attempting to reach a pre-litigation settlement. In addition to Cactus Grill, Inc., the suit names other related corporations as defendants.
“Sexual harassment in the workplace is always wrong, but harassment of teenage workers, who are often in their first ‘real’ job, is even more egregious,” said James Neely, director of the EEOC’s St. Louis District Office. “Employers must provide safe, harassment-free workplaces for all of their employees, including teenagers.”
Barbara A. Seely, regional attorney of the EEOC’s St. Louis District Office, added, “Training is key to preventing sexual harassment in the workplace, and it is especially crucial for employers with teenage employees. All employees must be trained that sexual harassment is unlawful and will not be tolerated. But all employees, and especially teenagers, must also be trained to recognize sexual harassment and to know what to do if it happens to them.”
The EEOC St. Louis District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Kansas, Missouri, Nebraska, Oklahoma and southern Illinois, with Area Offices in Kansas City and Oklahoma City.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
According to the EEOC’s suit, an assistant manager at the restaurant asked the server for sex, touched her, and made unwelcome sexual advances toward her. The harassment was so intolerable that the server was forced to quit her job, amounting to an unlawful constructive discharge, the EEOC said.
Title VII of the Civil Rights Act of 1964 protects workers from discrimination based upon gender, including sexual harassment. The EEOC filed this suit, Case No. ****, in U.S. District Court for the District of Kansas, after first attempting to reach a pre-litigation settlement. In addition to Cactus Grill, Inc., the suit names other related corporations as defendants.
“Sexual harassment in the workplace is always wrong, but harassment of teenage workers, who are often in their first ‘real’ job, is even more egregious,” said James Neely, director of the EEOC’s St. Louis District Office. “Employers must provide safe, harassment-free workplaces for all of their employees, including teenagers.”
Barbara A. Seely, regional attorney of the EEOC’s St. Louis District Office, added, “Training is key to preventing sexual harassment in the workplace, and it is especially crucial for employers with teenage employees. All employees must be trained that sexual harassment is unlawful and will not be tolerated. But all employees, and especially teenagers, must also be trained to recognize sexual harassment and to know what to do if it happens to them.”
The EEOC St. Louis District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Kansas, Missouri, Nebraska, Oklahoma and southern Illinois, with Area Offices in Kansas City and Oklahoma City.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Wednesday, May 5, 2010
EEOC Collects on $471,000 Jury Award after Winning Appeal from Waterproofing Company In Sex Harassment Case
NEW YORK – The Equal Employment Opportunity Commission (EEOC) announced today that Everdry Marketing and Management has paid $471,096 in damages, plus $86,581 in post-judgment interest, to 13 victims of sexual harassment. The payout satisfies a judgment obtained by EEOC against Everdry in October 2006 following a four-week trial in Rochester, N.Y. (case # 01-CV-6329). The individual payouts range from about $24,000 to $56,000, including the interest, which covers the time the women had to wait to receive their jury awards. Everdry was required to pay the substantial interest after the ultimate resolution of the case was delayed by an appeal Everdry filed in the U.S. Court of Appeals for the Second Circuit challenging various aspects of the jury’s verdict and other district court rulings. The Court of Appeals affirmed the jury’s verdict and award of damages.
Cleveland-based Everdry provides basement waterproofing services through various franchises. The case concerned a prolonged period of physical and verbal sexual harassment of mostly teenage telemarketers by male managers and co-workers at Everdry’s Rochester, N.Y., location. The EEOC charged that the harassment included repeated demands for sex, frequent groping, sexual jokes and constant comments about the bodies of women employees. On one occasion, a male manager requested sex from a teenager with the promise of a raise if she consented.
“Many of the victims in this case were young and especially vulnerable,” said EEOC Chair Jacqueline A. Berrien. “We are gratified that the appeals court has now paved the way for these harassment victims to finally receive the relief the jury awarded.”
The jury awards consist of compensatory damages for pain and suffering and punitive damages designed to punish and deter Everdry from engaging in further sexual harassment. The payout was made by Everdry’s corporate headquarters.
“The 13 women in this case had to endure vicious sexual harassment and then live it again through their testimony in pre-trial depositions and the trial,” said EEOC Supervisory Trial Attorney Robert D. Rose. “The EEOC appreciates their courage and endurance in seeing this case all the way through. For them, justice was delayed, but ultimately not denied.”
Spencer H Lewis, Jr., district director for the EEOC’s New York District Office, added, “This case demonstrates how the EEOC will not relent in its efforts to redress discrimination wherever it occurs, no matter how long it takes.”
The EEOC enforces federal laws banning workplace discrimination. Further information about the agency is available at www.eeoc.gov.
Cleveland-based Everdry provides basement waterproofing services through various franchises. The case concerned a prolonged period of physical and verbal sexual harassment of mostly teenage telemarketers by male managers and co-workers at Everdry’s Rochester, N.Y., location. The EEOC charged that the harassment included repeated demands for sex, frequent groping, sexual jokes and constant comments about the bodies of women employees. On one occasion, a male manager requested sex from a teenager with the promise of a raise if she consented.
“Many of the victims in this case were young and especially vulnerable,” said EEOC Chair Jacqueline A. Berrien. “We are gratified that the appeals court has now paved the way for these harassment victims to finally receive the relief the jury awarded.”
The jury awards consist of compensatory damages for pain and suffering and punitive damages designed to punish and deter Everdry from engaging in further sexual harassment. The payout was made by Everdry’s corporate headquarters.
“The 13 women in this case had to endure vicious sexual harassment and then live it again through their testimony in pre-trial depositions and the trial,” said EEOC Supervisory Trial Attorney Robert D. Rose. “The EEOC appreciates their courage and endurance in seeing this case all the way through. For them, justice was delayed, but ultimately not denied.”
Spencer H Lewis, Jr., district director for the EEOC’s New York District Office, added, “This case demonstrates how the EEOC will not relent in its efforts to redress discrimination wherever it occurs, no matter how long it takes.”
The EEOC enforces federal laws banning workplace discrimination. Further information about the agency is available at www.eeoc.gov.
Friday, April 23, 2010
Lafayette College Agrees To Pay $1 Million To Settle EEOC Sexual Harassment Suit
PHILADELPHIA – Lafayette College in Easton, Pa., has agreed to pay $1,000,000 and furnish significant remedial relief to settle a federal sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The EEOC charged in its lawsuit that the college’s supervisor in charge of “loss prevention” engaged in repeated and unwelcome sexual harassment of five women in the public safety department. The supervisor’s abusive treatment included groping female employees and forcibly kissing them; making lewd comments and gestures regarding sexual activities he wanted to perform on them; displaying or e-mailing pornography and sexually explicit materials; and making other crude sexual remarks. One employee was forced to quit because of the unrelenting harassment, the EEOC said.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC attempted to reach a voluntary settlement prior to filing suit in U.S. District Court for the Eastern District of Pennsylvania (Civil Action No. 08-CV-4709).
“No one should have to endure the abuse these women faced at work,” said EEOC Chair Jacqueline A. Berrien. “This significant settlement shows that the EEOC will insist on meaningful relief for workers who are victims of harassment.”
In addition to the $1 million in monetary relief to the five class members, the two-year consent decree settling the case also provides substantial equitable relief, including enjoining Lafayette from engaging in sexual harassment or retaliation. The college will provide annual training for all managers and supervisors and post a notice regarding the settlement. Lafayette did not admit liability in the consent decree, which was approved by U.S. District Court Judge Thomas M. Golden on April 22, 2010.
“Sexual harassment remains a serious problem in the workplace,” said Acting Regional Attorney Debra Lawrence of the EEOC’s Philadelphia District Office, which oversees Pennsylvania, Delaware, West Virginia, Maryland, and parts of New Jersey and Ohio. “We are pleased that Lafayette College worked with the EEOC to negotiate a fair settlement resolving this matter. We believe that the equitable relief provided by the consent decree, and especially the training, will benefit many employees at the college.”
In Fiscal Year 2009, EEOC received 12,696 charges alleging sexual harassment, accounting for about 14 percent of the agency’s private sector caseload.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.
The EEOC charged in its lawsuit that the college’s supervisor in charge of “loss prevention” engaged in repeated and unwelcome sexual harassment of five women in the public safety department. The supervisor’s abusive treatment included groping female employees and forcibly kissing them; making lewd comments and gestures regarding sexual activities he wanted to perform on them; displaying or e-mailing pornography and sexually explicit materials; and making other crude sexual remarks. One employee was forced to quit because of the unrelenting harassment, the EEOC said.
Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC attempted to reach a voluntary settlement prior to filing suit in U.S. District Court for the Eastern District of Pennsylvania (Civil Action No. 08-CV-4709).
“No one should have to endure the abuse these women faced at work,” said EEOC Chair Jacqueline A. Berrien. “This significant settlement shows that the EEOC will insist on meaningful relief for workers who are victims of harassment.”
In addition to the $1 million in monetary relief to the five class members, the two-year consent decree settling the case also provides substantial equitable relief, including enjoining Lafayette from engaging in sexual harassment or retaliation. The college will provide annual training for all managers and supervisors and post a notice regarding the settlement. Lafayette did not admit liability in the consent decree, which was approved by U.S. District Court Judge Thomas M. Golden on April 22, 2010.
“Sexual harassment remains a serious problem in the workplace,” said Acting Regional Attorney Debra Lawrence of the EEOC’s Philadelphia District Office, which oversees Pennsylvania, Delaware, West Virginia, Maryland, and parts of New Jersey and Ohio. “We are pleased that Lafayette College worked with the EEOC to negotiate a fair settlement resolving this matter. We believe that the equitable relief provided by the consent decree, and especially the training, will benefit many employees at the college.”
In Fiscal Year 2009, EEOC received 12,696 charges alleging sexual harassment, accounting for about 14 percent of the agency’s private sector caseload.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.
Wednesday, April 21, 2010
EEOC Settles Lawsuits for Sex and Race Harassment Against Preston Hood Chevrolet
GULFPORT, Miss. – Biloxi, Miss.-based Preston Hood Chevrolet has agreed to pay a total of $120,000 to settle two employment discrimination lawsuits, one for sexual harassment and one for race harassment, filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
In the sexual harassment case (SD MS Civil Action No. 1:08-CV-1266), the EEOC charged that during 2006 and 2007 Preston Hood subjected a class of female employees to harassment based on their sex and forced one employee to quit. In the race harassment lawsuit (MS Civil Action No. 1:08-CV-1265), the EEOC asserted that during 2007 Preston Hood subjected an African American employee to harassment based on his race. The EEOC said that the harassment in both cases was perpetrated by both management and non-management employees.
The women alleged they were subjected to sexually explicit, provocative and insulting language, pornographic material and unwelcome sexual advances. The black male employee alleged that he was subjected to racial slurs and racially derogatory language. In both cases the employees reported that they complained to management but no corrective action was taken.
Race and sexual harassment violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach pre-litigation settlements.
The consent decree settling the race harassment case requires Preston Hood to make payment to Rickey Hayes of $35,000 and to provide significant injunctive relief. In the gender discrimination case, the dealership will pay $85,000 to Lisa Battaglia, Rebeca Gonzalez and a class of former female employees.
In both cases, Preston Hood also agreed to provide significant injunctive relief, such as implementing and disseminating anti-harassment and anti-discrimination policies and procedures; providing training to managers and employees; posting a notice in the workplace explaining Title VII employee rights and employer obligations under the statute; promptly and thoroughly investigating and addressing complaints of race or sex based harassment; and taking steps to ensure that there will be no retaliation against employees who complain about conduct believed to be discriminatory.
“Every employee deserves the freedom to work in an environment free from any form of harassment,” EEOC Birmingham District Director Delner Franklin-Thomas said. "We are pleased that Preston Hood is now taking affirmative steps to improve the work environment. Employers should recognize that upon first receipt of a complaint of harassment, they must take prompt action to ensure that the misconduct stops.”
EEOC Birmingham Regional Attorney C. Emanuel Smith added, “Workplace harassment is one of the most egregious and demeaning forms of discrimination. Employers who allow their employees to be victimized by this type of behavior need to know that serious repercussions may follow their inaction.”
According to its website, Preston Hood Chevrolet serves the Biloxi, Miss., and Mobile, Ala., areas and specializes in the sale of new and used Chevrolet vehicles.
In 2009, the EEOC received 12,696 charges of sexual harassment and 33,579 charges alleging race-based discrimination, the latter accounting for 36 percent of the agency's private-sector caseload. Historically, race-based charges have been the most frequent type of filing with EEOC offices nationwide.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
In the sexual harassment case (SD MS Civil Action No. 1:08-CV-1266), the EEOC charged that during 2006 and 2007 Preston Hood subjected a class of female employees to harassment based on their sex and forced one employee to quit. In the race harassment lawsuit (MS Civil Action No. 1:08-CV-1265), the EEOC asserted that during 2007 Preston Hood subjected an African American employee to harassment based on his race. The EEOC said that the harassment in both cases was perpetrated by both management and non-management employees.
The women alleged they were subjected to sexually explicit, provocative and insulting language, pornographic material and unwelcome sexual advances. The black male employee alleged that he was subjected to racial slurs and racially derogatory language. In both cases the employees reported that they complained to management but no corrective action was taken.
Race and sexual harassment violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach pre-litigation settlements.
The consent decree settling the race harassment case requires Preston Hood to make payment to Rickey Hayes of $35,000 and to provide significant injunctive relief. In the gender discrimination case, the dealership will pay $85,000 to Lisa Battaglia, Rebeca Gonzalez and a class of former female employees.
In both cases, Preston Hood also agreed to provide significant injunctive relief, such as implementing and disseminating anti-harassment and anti-discrimination policies and procedures; providing training to managers and employees; posting a notice in the workplace explaining Title VII employee rights and employer obligations under the statute; promptly and thoroughly investigating and addressing complaints of race or sex based harassment; and taking steps to ensure that there will be no retaliation against employees who complain about conduct believed to be discriminatory.
“Every employee deserves the freedom to work in an environment free from any form of harassment,” EEOC Birmingham District Director Delner Franklin-Thomas said. "We are pleased that Preston Hood is now taking affirmative steps to improve the work environment. Employers should recognize that upon first receipt of a complaint of harassment, they must take prompt action to ensure that the misconduct stops.”
EEOC Birmingham Regional Attorney C. Emanuel Smith added, “Workplace harassment is one of the most egregious and demeaning forms of discrimination. Employers who allow their employees to be victimized by this type of behavior need to know that serious repercussions may follow their inaction.”
According to its website, Preston Hood Chevrolet serves the Biloxi, Miss., and Mobile, Ala., areas and specializes in the sale of new and used Chevrolet vehicles.
In 2009, the EEOC received 12,696 charges of sexual harassment and 33,579 charges alleging race-based discrimination, the latter accounting for 36 percent of the agency's private-sector caseload. Historically, race-based charges have been the most frequent type of filing with EEOC offices nationwide.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.
Thursday, April 15, 2010
Athens Sonic Owner to Pay $70,000 to Settle EEOC Sexual Harassment Suit
Female Employee Was Abused by Store Manager, Federal Agency Charged
ATLANTA – SDI Athens East, LLC, doing business as Sonic and Tomco Management, LLC, will pay $70,000 to settle a sexual discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The federal agency had charged that a the store manager of a Sonic drive-in restaurant located in the eastern part of Athens, Ga., subjected a female carhop to a barrage of sexually charged comments and repeated sexual overtures. The EEOC further asserted that the manager subjected the carhop to unwelcome touching that became increasingly menacing and ultimately forced her to resign. The EEOC first filed the suit on July 2, 2008 in U.S. District Court for the Middle District of Georgia.
The consent decree settling the suit, in addition to the monetary relief of $70,000, includes provisions for equal employment opportunity training, reporting, and postings. In the suit and consent decree, SDI Athens and Tomco Management denied any liability or wrongdoing.
“The abuse suffered in this case is precisely the kind behavior that Title VII was enacted to stop” said Robert Dawkins, regional attorney for the EEOC’s Atlanta District Office. “The Commission is pleased that the defendants committed to resolving this matter and setting in place a method of addressing similar problems in the future.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
ATLANTA – SDI Athens East, LLC, doing business as Sonic and Tomco Management, LLC, will pay $70,000 to settle a sexual discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.
The federal agency had charged that a the store manager of a Sonic drive-in restaurant located in the eastern part of Athens, Ga., subjected a female carhop to a barrage of sexually charged comments and repeated sexual overtures. The EEOC further asserted that the manager subjected the carhop to unwelcome touching that became increasingly menacing and ultimately forced her to resign. The EEOC first filed the suit on July 2, 2008 in U.S. District Court for the Middle District of Georgia.
The consent decree settling the suit, in addition to the monetary relief of $70,000, includes provisions for equal employment opportunity training, reporting, and postings. In the suit and consent decree, SDI Athens and Tomco Management denied any liability or wrongdoing.
“The abuse suffered in this case is precisely the kind behavior that Title VII was enacted to stop” said Robert Dawkins, regional attorney for the EEOC’s Atlanta District Office. “The Commission is pleased that the defendants committed to resolving this matter and setting in place a method of addressing similar problems in the future.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
Sunday, March 7, 2010
EEOC Sues Medical Transportation Company For Sex Harassment and Retaliation
Federal Agency Says Jay Medicar Allowed Harassment of Female Employees
CHICAGO – The U.S. Equal Employment Opportunity Commission (EEOC) filed a class lawsuit here today charging that Jay Medicar Transportation tolerated the sexual harassment of a number of female employees by one of its senior managers and retaliated against one employee after she complained about the harassment. The company provides medical transportation services in the Chicago area.
John Rowe, EEOC district director in Chicago, said that the EEOC’s administrative investigation which he directed revealed that a top manager at the company allegedly frequently made comments of a sexual nature to subordinate female employees and on at least one occasion demanded sexual favors from an employee in exchange for a pay raise.
“Several people complained to the company’s management repeatedly,” Rowe said of the investigation. “These complaints were allegedly ignored, and one female employee who complained appears to have been fired shortly after the company learned that she had filed a charge with the EEOC.”
The EEOC’s lawsuit was brought under Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination (including sexual harassment) as well as retaliation, in employment. The EEOC filed suit after first attempting to reach a voluntary settlement through its statutory conciliation process. The case, EEOC v. Jay Medicar Transportation, LLC, a/k/a Jay Transportation, f/k/a Jay Medi-Car, Inc, Civil Action No. 10 cv 01477, was filed today in U.S. District Court for the Northern District of Illinois, Eastern Division, and has been assigned to U.S. District Judge William J. Hibbler and U.S. Magistrate Judge Geraldine Soat Brown. EEOC Trial Attorney Justin Mulaire and Supervisory Trial Attorney Gregory Gochanour will litigate the case on behalf of the government.
The EEOC regional attorney in Chicago, John Hendrickson, said, “Unfortunately, even in times of economic stress, some employers continue to penalize themselves through harassment and retaliation. Both may well involve exposure to awards of damages, loss of good will, significant attorneys’ fees, and other litigation costs—not to mention major distractions from the conduct of business itself. From our perspective at the EEOC, it would seem that, in a competitive business environment in tough times, compliance with federal law is surely a better investment.”
The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
CHICAGO – The U.S. Equal Employment Opportunity Commission (EEOC) filed a class lawsuit here today charging that Jay Medicar Transportation tolerated the sexual harassment of a number of female employees by one of its senior managers and retaliated against one employee after she complained about the harassment. The company provides medical transportation services in the Chicago area.
John Rowe, EEOC district director in Chicago, said that the EEOC’s administrative investigation which he directed revealed that a top manager at the company allegedly frequently made comments of a sexual nature to subordinate female employees and on at least one occasion demanded sexual favors from an employee in exchange for a pay raise.
“Several people complained to the company’s management repeatedly,” Rowe said of the investigation. “These complaints were allegedly ignored, and one female employee who complained appears to have been fired shortly after the company learned that she had filed a charge with the EEOC.”
The EEOC’s lawsuit was brought under Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination (including sexual harassment) as well as retaliation, in employment. The EEOC filed suit after first attempting to reach a voluntary settlement through its statutory conciliation process. The case, EEOC v. Jay Medicar Transportation, LLC, a/k/a Jay Transportation, f/k/a Jay Medi-Car, Inc, Civil Action No. 10 cv 01477, was filed today in U.S. District Court for the Northern District of Illinois, Eastern Division, and has been assigned to U.S. District Judge William J. Hibbler and U.S. Magistrate Judge Geraldine Soat Brown. EEOC Trial Attorney Justin Mulaire and Supervisory Trial Attorney Gregory Gochanour will litigate the case on behalf of the government.
The EEOC regional attorney in Chicago, John Hendrickson, said, “Unfortunately, even in times of economic stress, some employers continue to penalize themselves through harassment and retaliation. Both may well involve exposure to awards of damages, loss of good will, significant attorneys’ fees, and other litigation costs—not to mention major distractions from the conduct of business itself. From our perspective at the EEOC, it would seem that, in a competitive business environment in tough times, compliance with federal law is surely a better investment.”
The EEOC’s Chicago District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Illinois, Wisconsin, Minnesota, Iowa, and North and South Dakota, with Area Offices in Milwaukee and Minneapolis.
The EEOC is responsible for enforcing federal laws against employment discrimination. Further information is available at www.eeoc.gov.
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