Posted On: February 28, 2010

EEOC Must Pay $4.5 Million In Sexual Harassment Case Gone Wrong

In Illinois if a person believes they have been subjected to sexual harassment then can file a complaint with the Equal Employment Opportunity Commission ("EEOC") or the Illinois Department of Human Rights ("IDHR"). The following case illustrates one reason why I prefer to file a case with the IDHR as opposed to the EEOC. A federal judge ordered the EEOC to pay $4.56 million in attorneys' fees and expenses to a CRST after dismissing the EEOCs sexual harassment lawsuit. The EEOC filed a sexual harassment lawsuit against CRST on behalf of 270 female drivers. The drivers claim that CRST created a hostile work environment.

The problem for the EEOC was that a Judge ruled against the EEOC and in favor of CRST in a motion for summary judgment thereby dismissing the sexual harassment lawsuit. In federal court, a Judge can award attorney fees to a defendant who wins their motion for summary judgement thereby increasing the risk of litigation for a plaintiff. Another words, if you file a sexual harassment lawsuit in federal court and it is dismissed prior to a jury trial, a Judge could make you pay the attorney fees of the defendant, which in this case were a little more than $4.5 million.

Victims of sexual harassment should consider this ruling before deciding to undertake a lawsuit in federal court because of the potential for paying the attorney fees of the defendant. In Chicago average attorney fees for employment lawyers defending companies can range from $250-$850 per hour.

"The EEOC believes the court's decisions in the case were wrongfully decided and the agency will be appealing," said EEOC Deputy General Counsel James Lee.
Posted On: February 27, 2010

Janitor Sues School For Sexual Harassment

Penny Jackson the former Bauxite school janitor filed a sexual harassment and retaliation lawsuit against her former employer. In the lawsuit Jackson claims that for a period of seven months she was subjected to repeated sexual harassment from the maintenance supervisor Sammy Roberson. According to court documents Jackson was subjected to propositions for sex and sexually explicit comments. Jackson alleges she complained about the sexual harassment and was then the subject of retaliation. Prior to filing her lawsuit Jackson filed a complaint with the Equal Employment Opportunity Commission ("EEOC") who investigated and issued a right to sue letter.

The school has a different story regarding Jacksons claims. The school claims Jackson was a poor worker and that many other employees refused to work with her. They claim they did not renew her contract because of her work performance not because they were retaliating against her. Both sides claim they have witnesses that will prove their respective cases. It should be an interesting trial if it ever gets to that point. Many cases settle and I am sure this one will settle at some point. The school should think about how much money they will spend in legal fees. On a positive note for the school district, the EEOC did not file the charge themselves and only issued a right to sue letter which it must do in all cases if it does not complete a full investigation or file the federal lawsuit itself.

“As a direct result of Jackson’s complaining to her superiors and officers of the defendent, she was disciplined and her employment contract was not renewed,”

Posted On: February 26, 2010

College of the Mainland Sued For Sexual Harassment

Sandra Brewer filed a sexual harassment and retaliation lawsuit against her former employer the College of the Mainland. According to the lawsuit Brewer was terminated from the college because she complained about sexual harassment which would constitute her retaliation claim. The issues for Brewer started back in 2006 when she alleges that for a period of two years Al Bass her boss and a college associate vice presidnet began to sexually harass her.

According to allegations in the lawsuit on a daily bases Bass would persistently make sexual advances and remarks toward Brewer. Although Brewer claims most the the time Bass would make sure the two of them were alone before he began his sexual advances, Brewer also claims a few times there were witnesses present. Brewer claims she told Bass many times to stop his bevahior but he refused.

"The reason for the termination was pretextual and simply a ruse designed to hide the illegal conduct," according to the lawsuit.

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Posted On: February 25, 2010

United Companies Pays $498,000 To Settle Gender Discrimination and Retaliation Lawsuit

United Companies will pay $498,000 to settle a gender discrimination and retaliation lawsuit which was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a female worker who court documents did not name. According to details in the lawsuit the woman has been working for the company since 1998 and held a variety of jobs before the company assigned her to work as a quality control technician. According to documents in the lawsuit once in that position the gender discrimination against her became overt and interfered with her ability to work.

In a big help for the female worker several male co-workers saw and overheard the gender discrimination and degrading treatment and backed her up when she complained to management. The female did complain about the gender discrimination to management and the men did back her up. Even the men thought they would be the subject of retaliation for supporting the female worker in her harassment claim. The company ended up terminated the female and two of her male supported but not before the department manager called the men troublemakers and told them they better shut up.

“Employers have a responsibility to maintain an environment free of sex discrimination and retaliation,” said EEOC Regional Attorney Mary Jo O’Neill. “Here, the managers themselves committed both those offenses.

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Posted On: February 24, 2010

Chief Financial Officer Gail Busbey Settles Sexual Harassment Lawsuit For $93,000

Decatur Chief Financial Officer Gail Busbey filed a sexual harassment against the city alleging Mayor Don Stanford made inappropriate comments and unwanted physical contact with her. Busbey is also alleging retaliation because she alleges Stanford attempted to terminate her employment after she filed a complaint about Stanford with the director of personnel Ken Smith.

Busbey settled the sexual harassment lawsuit for $93,000 and agreed to retire as part of the settlement. However, a member of the city council made statements about Busbey and now she is suing seeking over one million in damages for false light and breach of the agreement. In sexual harassment cases there is usually a confidentiality clause and also a clause about not speaking negatively about either party. You can see the problems that occur when one party talks about the other party.

“You hear rumors, but I feel like if it was something that was relevant that I needed to know about, someone would have presented it to me,” Hammon said.

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Posted On: February 23, 2010

Wine Makers Squeezing More Than Grapes As Sexual Harassment Lawsuit Is Filed

A young 17 year old female farm worker filed a sexual harassment and retaliation lawsuit against her employer Giumarra Vineyards Corp. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the young victim claiming a non-management worker made daily unwanted sexual advances to the alleged victim. According to the lawsuit, another employer made management aware of what was going on and management failed to stop it. The sexual harassment continued until the young woman and three others complainted directly to management but were terminated 24 hours later.

According to the lawsuit the company tolerated the alleged sexual harassment and thus created a hostile work environment. The company also engaged in retaliation by firing the workers once they complained of being sexually harassed. Some older workers will try to take advantage of younger workers and even think they can get away with sexually harassing them. In this case if the allegations are true the company did not do what it should have.

"Giumarra Vineyards denies the allegations in the complaint filed by the EEOC and will vigorously defend itself against all of the allegations. When this matter is concluded we are confident that our position will be affirmed." said a Guimarra Vineyards release

Posted On: February 22, 2010

United States Post Offices Has Sexual Harassment Lawsuit Dismissed

The following federal case, 3:07-CV-410-H, illustrates how difficult it can be to prevail in a case of sexual harassment or constructive discharge. Shironda McCloud filed a claim against the United States Postal Service ("USPS") alleging sexual harassment and constructive discharge. Constructive discharge occurs when an employee quits their job but claims they had to quit because the working conditions were so unbearable that a reasonable person would not continue to work in those conditions. Constructive discharge differs from retaliation in that, the employee quits in a constructive discharge case whereas an employee is fired in a retaliation case--or the employee may be the subject of some other negative job action.

The allegations in the complaint were that McCloud began working for the USPS and her immediate supervior, Mr. Purifoy did the following over the course of two days: stared at Plaintiff; made comments that Plaintiff was beautiful; danced around Plaintiff in an awkward manner; told Plaintiff, "I'll give you Friday off if you go out to the club with me;" gave Plaintiff Thursday and Friday off and grabbed Plaintiff's wrist when she reached for her time card. The complaint was based on those six incidents over a two day period.

McCloud told management about what happened, they investigated and removed Purifoy from managing her. Over the next two months McCloud claims to have seen Purifoy at work a few times but that he never spoke to her and that he had no work control over her--yet she quit her job claiming she could not even look at him without feeling wierd. The court found that this did not rise to the level of constructive discharge.

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Posted On: February 20, 2010

UPS Settles EEOC Lawsuit For $46,000

UPS Freight agreed to pay $46,000 to settle a religious discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a Rastafarian. This is a very unique set of circumstances because the religion is one not considered mainstream. According to the lawsuit UPS refused to accommodate the Rastafarian religious beliefs of Nieland Bynoe. As long as the religious beliefs are sincere and a reasonable accomodation is available, the company must make the accomodation or risk liability under Title VII of the Civil Rights Act of 1964. An example of a reasonable accomodation is if a religion does not allow its members to work on a certain day, say Sunday and giving Sunday off to an employee did not create a hardship for the employer, the employer must give the worker Sunday off.

In this case instead of making the reasonable accomondation UPS fired him. During new hire orientation as a driver for UPS management told Bynoe he had to shave his beard and cut his hair in accordance with the company’s grooming policy. Bynoe replied that his religious beliefs prohibit him from cutting his hair or shaving his beard. Bynoe again advised the human resources manager about his religious beliefs and asked for a reasonable accommodation on the following day but UPS fired him. This is also a form of retaliation because Bynoe asked not to be discriminated against and he was fired.

“Our freedom to practice our religious beliefs is a fundamental right in this country,” said Acting Regional Attorney Debra Lawrence of the EEOC
Posted On: February 19, 2010

EEOC Complaints Can Be Faxed

The United States Court of Appeals for the Seventh Circuit held that a complaint filed with the Equal Employment Opportunity Commission ("EEOC") can be faxed instead of filed in person or through the mail. If you have a charge of discrimination, whether based on gender, race, religion or sexual harassment you have to file the charge within 180 with the Illinois Department of Human Rights ("IDHR") or 300 days with the EEOC. The IDHR has always allowed for complaints to be filed by fax but the EEOC never recognized fax filings. In Laouini v. CLM Freight Lines, Inc. the Seventh Circuit held that a receipt showing a fax was sent to the EEOC is sufficient to prove the date of filing.

It is always very important to remember that there are very strict time limits to filing a charge of discrimination. You must not procrastonate and let too much time slip away. In some instances an employer may drag out the internal investigation so that by the time you receive the internal findings of the company, more than 180 days has passed and you can't file a charge with the IDHR.

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Posted On: February 18, 2010

Big Lots Settles Racial Discrimination Lawsuit For $400,000

Big Lots settled a racial discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of five employees for $400,000. According to the lawsuit Big Lots violated Title VII of the Civil Rights Act of 1964 by subjecting a black maintenance mechanic and other black employees to racial harassment and racial discrimination at its distribution center.

The documents filed in the litigation also claim Hispanic workers including an immediate supervisor made racially derogatory jokes, and comments including the use of the words “n----r” and “monkey.” The men reported the racial discrimination to management but Big Lots failed to correct or stop the harassment.

“Working in a job that they valued highly, the employees in this case rightfully expected to earn a living free of discrimination,” said Anna Park, regional attorney of the EEOC’s Los Angeles District Office. “
Posted On: February 17, 2010

U.S. Security Associates Must Pay $2.4 Million In Sexual Harassment Lawsuit

U.S. Security Associates Inc. must pay Jamie Marks $2.4 million because she was sexually harassed at work. The sexual harassment lawsuit, filed in federal court claims that Jamie Marks was repeatedly propositioned by Chris Hargrove for sex. Additionally it was claimed that Hargrove inappropriately touched her. In a remarkable piece of testimony Marks claims that Hargrove masturbated in front of her. Marks made complaints to management about the incidents and nothing happened.

Another lawsuit is pending against U.S. Security Associates in federal court with six plaintiffs all alleging sexual harassment. This is a good example of what not to do if you are a company. Can you imagion that a supervisor is engaging in this type of behavior and the company does nothing to stop it. It turns out that this level of ignorance was costly to the company as they are $2.4 million dollars lighter.

"There was a level of arrogance on the part of the company," Haynes said. "They weren't going to do anything about Hargrove."
Posted On: February 16, 2010

Monica Everson Settles Sexual Harassment Lawsuit For $235,000

For city of Madison worker Monica Everson settled her sexual harassment lawsuit with the city of Madison for $235,000. Everson in her lawsuit claims she was groped and fondled over 500 times during the course of her employment. She claims the sexual harassment took place at the hands of her boss Robert D'Angelo who resigned after the claims were made.

Everson has been on disability after she came forward with her claims and as part of the settlement she will resign from the city payroll and the city maintains its denial of her charges. Many times as part of a settlement, the employer will deny that it did anything wrong. However, money doesn't just talk it swears and in this case the money would seem to indicate that the city felt there was merit to the claims of sexual harassment.

Posted On: February 15, 2010

Female Police Officer Settles Sexual Harassment Lawsuit For $130,000

A female police officer who wishes to remain anonymous settled her sexual harassment and gender discrimination lawsuit against the city of Port Allen for $130,000. Although some details remain sealed some details include that on Dec. 4, 2006, the Equal Employment Opportunity Commission ("EEOC") issued a letter to the city stating that the Police Department had engaged in gender discrimination for disciplining an employee more harshly than other officers. The problems got worse and on Sept. 1, 2006 the EEOC issued a second letter asserting that the same employee was the subject of sexual harassment and the city failed to take appropriate action to correct the problem. This sealed the fate for the city.

In cases like this sometimes remaining out of the public spotlight is very important to the person who is the subject of discrimination. The fact that the EEOC issued two letters and the city paid $130,000 indicates that something wrong was taking place at the police department. It is important to hold those responsible by filing a complaint and following through with the process.

“I don’t totally agree with the settlement, but I understand that the council did what they felt was in the best interests of the city,” said Mayor Derek Lewis
Posted On: February 12, 2010

High Cost of Sexual Harassment

Middlesex County will pay almost $1 million to settle a sexual harassment lawsuit filed by five female sheriff’s officers against the county and sheriff’s department. You can see by these numbers how expensive sexual harassment complaints can be. The settlement – reached last May – awarded $522,980 to Officers Laury Hamilton, Eileen Mazzei, Gail Decibus-Cuffe, Janet Martinez, and Donna Karlson. As part of the settlement, the county also agreed to pay $327,020 in legal fees.

According to details in the lawsuit the five women were subjected to sexual harassment by various members of the Sheriff’s Office. The workers who did the sexual harassment were supervisors and also co-workers. The county did not take the complaints seriously--I bet they do now. The county disputes the validity of the complaints and claims to be settling because of the high cost of litigation.

Posted On: February 11, 2010

Peter's Diner Pays $27, 500 To Settle Sexual Harassment Lawsuit

Peter's Diner and its owner Angelo Giannkaris will pay a total of $27,500 to settle a sexual harassment and retaliation lawsuit with waitress Lynnann Zuest. It is alleged that Giannkaris sexually harassed Zuest and later fired her in retaliation for reporting it. According to the complaint Zuest was fired after approaching a fellow waitress and reporting that Giannkaris had inappropriately touched her by placing his hands on her hips.

Giannkaris disputed that he fired Zuest for reporting sexual harassment and instead said she was terminated for poor job performance. Giannkaris said Zuest dropped many trays and plates in support of his reason for her dismissal. However during further investigation there was evidence to support Zuest’s allegations and undermine the reasons Giannkaris gave for the firing. Also Peter’s had no policy in place regarding sexual harassment or the filing of workplace harassment complaints. Companies must have sexual harassment and discrimination policies in place so workers no where to go when they encounter workplace discrimination and harassment.

Posted On: February 10, 2010

Age Discrimination Lawsuit Settled With Horshal For $175,000

Frank Fesnak settles his age discrimination lawsuit with Horshal for $175,000. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"). According to details provided in the lawsuit Fesnak performed his duties as vice president of strategic alliances without incident but was fired because he was 47. It is alleged that after Fesnak was assigned to report to a different supervisor, the new supervisor made derogatory comments regarding older workers. Frank worked for a company called Astea, which is a professional consulting services group. Once Astea heard about the new supervisors comments it abruptly terminated Fesnak and hired someone 15 years younger to replace him.

This is typical with outsourced companies. They will do anything to keep their client happy so they can continue to do business. They apparently will even engage in discriminatory conduct if it helps their bottom line. In this case the main company Horshal engaged in discrimination by having a senior employee make the age discrimination comments whereby the outsourced company felt compelled to hire younger workers.

“We are pleased that Astea worked with us so that we could file both the complaint and the consent decree resolving the lawsuit on the same day without the parties engaging in costly litigation,” said Acting Regional Attorney Debra Lawrence
Posted On: February 9, 2010

Male Hotel Worker Settles Gender Discrimination and Retaliation Lawsuit

Richard Knight a male hotel worker for the Columbia Sussex Corporation, settled his gender discrimination and retaliation lawsuit filed on his behalf by the Equal Employment Opportunity Commission ("EEOC"). According to the lawsuit, Knight who was a manager claimed that Columbia Sussex fired him from its Sheraton Hotel because he was a male, and because he complained that a female co-worker was not disciplined for the same purported infraction--which is retaliation.

Details in the lawsuit claim the companies general manager demanded that Knight go into his office without the presence of a human resource representative, but did not force Knight’s female co-worker to proceed without a representative-when they both had the same infractions. When Knight asked the general manager whether he was granting privileges to the female manager that he would not grant to Knight, the general manager replied that he could do whatever he wanted and then he immediately terminated Knight. For the exact same infraction the female manager was not disciplined. As part of the settlement Knight will be returned to his position and receive back pay.

Knight commented on the settlement, “I am very grateful that the EEOC brought this case on my behalf. I love the hotel industry. My main goal was always to get my job back. I am excited to get back to work with Columbia Sussex in my chosen field.”

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Posted On: February 8, 2010

Funeral Home Buries Itself and Must Pay $62,500 To Settle Americans With Disabilities Act Lawsuit

Attrells funeral chapel will pay $62,500 to settle an Americans With Disabilities Act ("ADA") lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Barbara Jackson. According to the lawsuit Attrells failed to allow amputee Jackson an almost two-year employee, to continue working as a secretary once she required the use of a wheelchair. In a remarkable statement Attrell’s claimed Jackson could not carry out her secretarial duties if she could not walk. In an even more remarkable statement Attrells said having an employee in a wheelchair might make their grieving clients feel bad. Are you kidding me? Having her hobble around on one leg would make the grieving clients feel better than seeing her get around in a wheelchair? What planet are these people on.

As is very typical in situations like this Jackson suffered financial hardship due to difficulties in finding a comparable job after she was fired. You can only imagion looking for work with one leg and having to tell a future employee you were fired because your boss didn't think you could perform your job in a wheelchair. Jackson not only suffered financially, but also through humiliation and loss of self-esteem.

“Attrell’s fired Ms. Jackson based on its own stereotypes about what a person who uses a wheelchair can and cannot do,” said A. Luis Lucero, Jr., director of the EEOC’s Seattle Field Office. “Ms. Jackson was not even given the opportunity to demonstrate her abilities to carry out her work functions using a chair. Such stereotyping harms people with disabilities, but it also hurts employers because they lose out on talented and qualified employees.”

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Posted On: February 7, 2010

Former Police Woman Gets $275,000 To Settle Sexual Harassment Lawsuit

Suzanne DesMarais settled her sexual harassment lawsuit with the County after allegedly being sexually harassed by Lt. George Titko.Titko was in charge of the police department and DesMarais was under his control and while under his contrrol DesMarais alleged Titko sent her sexually suggestive text messages and left sex toys on her desk. Additionally he photographed her backside and subsequently posted the photo on the wall of the department.
Many times text messages can make or break a lawsuit. It was a good thing that she retained the messages.

In these types of cases people in power sometimes believe they can do anything they want and no one can stop them. This should let everyone know who was honest and right in the claim. In a time when local governments are cutting budgets, this is a good deal of money and this settlement will not sit well with taxpayers but the county has no one to blame but themselves.

"The (officers) of the department have stood by me and supported me through this whole process," said DesMarais "They backed me up 110 percent while I was on duty and since."
Posted On: February 6, 2010

Sears Pays $6.2 Million To Settle Americans With Disabilities Act Lawsuit

Sears, Roebuck & Co. agreed to settle their Americans With Disabilities Act ("ADA") lawsuit for $6.2 million. The Equal Employment Opportunity Commission ("EEOC') filed the lawsuit on hehalf of individual workers and in the end found 235 workers eligible to share in the settlement amount. According to the lawsuit Sears maintained an inflexible workers’ compensation leave exhaustion policy and fired employees instead of providing them with reasonable accommodations for their disabilities. This is all a violation of the ADA.

This is a good example of what can happen to a company when they engage in discrimination. Had Sears made reasonable accomodations to workers the EEOC would not have gotten involved. Once the EEOC got involved and did some basic discovery, it releaved Sears had discriminated against many people. The average award to employees who are covered by this settlement is about $26,000. This was the largest ADA settlement in Illinois history.

“It is a satisfying day indeed when victims finally receive compensation for the wrongful discrimination they have endured,” said EEOC Acting Chairman Stuart J. Ishimaru. “
Posted On: February 5, 2010

Hilton Hotel Settles Sexual Harassment Lawsuit For $500,000

Latino workers who filed a racial discrimination and sexual harassment lawsuit against Hilton Hotels settled their sexual harassment lawsuit for $500,000. The problem started when Landwin Management Inc. took over management of the Hilton hotel in 2005, some Latino banquet servers were fired and replaced with less qualified Chinese workers. The Latino employees contacted the Equal Employment Opportunity Commission ("EEOC") which filed the lawsuit on the workers behalf.

According to Landwin they agreed to settle because they wanted to avoid expensive litigation costs that might lead to even more job losses at the hotel. That is a real laugh. Settling a lawsuit for half a million is a tacit admission of guilt even if the hotel won't come out and claim it. The bottom line is that most businesses only care about saving money and cutting costs and if they have to trample on the rights of employees, they really don't care. This is a classic example of that.

"If you can show that the job required certain special skills that could only be filled by Chinese speakers, that would be a different matter," said Derek Li, the supervisory trial attorney for the EEOC.

Posted On: February 4, 2010

Retaliation and Religious Discrimination Lawsuit Settled For $25,000

Anthony Kerr, a Muslim settled his retaliation and religious discrimination lawsuit against New Community Corporation for $25,000. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Kerr. According to detail of the lawsuit, New Community Corporation would not grant Kerr a reasonable accommodation when he requested that he be excused from a requirement that employees donate money to a Catholic school. His employer requested the donations because they are part of a Catholic parish. However Kerr's religious beliefs as a Muslim are different than the school’s religious mission which is based on the Catholic religion.

Based on court documents after Kerr refused to give a donation and complained that the demand for a donation conflicted with his religious beliefs, New Community Corporation removed him from its work schedule, which is retaliation. Retaliation occurs when you complain of discriminatory conduct and you receive negative treatment as a result of the complaint. Kerr ultimately filed a complaint with the EEOC and the corporation retaliated against him when he did file with the EEOC by firing him and then filing an improper complaint about him with his full-time employer alleging that he had engaged in misconduct at New Community Corporation.

“The EEOC will vigorously enforce the law to end such discriminatory practices. An employer, even one that engages in charitable work, cannot subject an employee to religious discrimination or retaliation.” said EEOC Attorney Louis Graziano

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Posted On: February 3, 2010

Gail Wilcox Settles Sexual Harassment Lawsuit For $180,000

Gail Wilcox who is the former Assistant County Administrator and she agreed to settle her sexual harassment lawsuit with her former employer for $180,000. The county claims that defending the county by going to trial would potentially cost more than $1 million. To date, the county has spent $337,000 on the case. That seems to be a very high amount and I wonder what the initial settlement demand was for.

Wilcox filed her lawsuit against county supervisors and former boss, David Edge, claiming she was a victim of sexual harassment, retaliation, a hostile work environment and breach of contract. Wilcox and Edge were placed on paid administrative leave pending an investigation. At the end of the investigation Edge was fired and the county hired an out-of-town attorney to investigate Wilcox. Following that investigation, the board fired Wilcox a mistake that cost over $500,000 when you include the attorney fees and settlement amount.

Posted On: February 2, 2010

Pregnancy Discrimination Lawsuit Settled For $79,800

Margaret Gibson settled her pregnancy discrimination lawsuit with U.S. Security Associates for $79,880. The lawsuit was filed on Gibson's behalf by the Equal Employment Opportunity Commission ("EEOC"), which is charged with protecting the rights of employee who are the victims of discrimination in the workplace. According to court documents U.S. Security Associates subjected Gibson who was a security guard to pregnancy discrimination and then fired her in retaliation for complaining about the discrimination. In a remarkable series of events, U.S. Security Associates also fired her husband as part of the retaliation.

Details of the discrimination and civil rights violations were that Gibson was subjected to unwarranted discipline, sexist comments and mistreatment after she told her manager about the pregnancy. Allegedly, Gibson’s manager said a pregnant woman should be at home, not at work, and that Gibson’s focus should be on her children. These types of comments are from the dark ages and have place in the modern work place. In another shocking comment the manager also complained about Gibson’s pregnant appearance in the guard uniform.

Most cases of retaliation are proved with circumstantial evidence. In this case Gibson’s was fired the same day she turned in her paperwork for maternity leave. That is awful coincidental to be a coincidence. According to court documents U.S. Security Associates terminated her husband when he failed to stop his wife from filing a discrimination charge with the EEOC.

“The EEOC is dedicated to ensuring that employers treat all employees equally, regardless of gender, pregnancy status or association,” said Robert Dawkins, regional attorney for the Atlanta District Office.
Posted On: February 1, 2010

Sexual Harassment Lawsuit By Police Against City Settled for $405,000

The city of San Leandro settled 4 for their 7 sexual harassment disputes for $405,000. According to the settlement documents three former San Leandro police officers and a department clerk will receive a total of $405,000. Former Officers Taiwo Pena-Hornung, Christina Tiletile and Kamilah Jackson, and records clerk Amanda Kerr sued the city claiming they were sexually harassed, discriminated against for their gender and national origin, and retaliation.

The trouble isn't over for the city as three female officers still employed also have active lawsuits and their cases are set for trial in October. According to court documents the settlement breaks down as follows. Tiletile was awarded $295,000. Pena-Hornung $50,000, Kerr $35,000 and Jackson $25,000. Sgt. J. DeWayne Stancill was accused of sexual harassment and of creating a hostile work environment in the cases.