Posted On: March 31, 2010

Chicago Bakery Pays $350,000 To Settle National Origin and Retaliation Lawsuit

Chicago bakery Gonnella Baking Co. agreed to pay $350,000 to settle a retaliation and national origin harassment lawsuit. The lawsuit was filed by the Equal Employment Oppor­tunity Commission ("EEOC") on behalf of seven Mexican employees. According to allegations in the lawsuit Gonnella did nothing to stop the harassment of the employees. This type of behavior is not acceptable and illegal in Illinois.

The employees allege that their manager made hostile comments about them because they were Mexican. Once employees complained to management about the comments they were subjected to shifts that lasted over 12 hours and in some cases 19 hours. They were also told to not complain further about the discrimination or else face the consequences. This type of behavior is considered retaliation. In Chicago there are many companies that treat employees like this and hopefully more employees will come forward to assert their rights.

“The derogatory language and other harassment directed at the employees in this case are entirely inappropriate in the workplace,” said John Hendrickson, the EEOC’s regional attorney in Chicago.

Posted On: March 30, 2010

IRS Agent Seeks $6 Million In Sexual Harassment Lawsuit

Sarah Klein, an Internal Revenue Service ("IRS") agent filed a sexual harassment lawsuit and is seeking $6 million. She claims her manager Richard Cook created a hostile work environment by making sexual advances toward her. She also alleges her manager suggested they share a hotel room at conferences, flirted with her and made sexual comments.

In her lawsuit she claims that she complained about Cook's behavior and the IRS answer was to transfer her. Instead of accepting the transfer she stayed put and was assigned to another manager. There was never any discipline to Cook and Klein believed she was not having her complaints taken seriously. This case shows that management would rather just shuffle the deck and hope things go away, rather than address the problem head on.

It is nice to see someone stand up for themselves and not let management push them around. Lets see if a jury things the IRS handled the situation properly.

Posted On: March 29, 2010

Two Illinois Holiday Inn Employees File Discrimination Lawsuit

Two employees of the Elmburst Holiday Inn filed sexual orientation discrimination complaints with the Equal Employment Opportunity Commission ("EEOC") and Illinois Department of Human Rights ("IDHR"). According to public documents in the case, both men received comments from their manager based on their sexual orientation.

Apparently the manager in question is no longer working for the company but that doesn't help the two men. In Illinois complaints of discrimination are filed with either the EEOC or IDHR and if filed with the IDHR, they are cross-filed by that agency automatically with the EEOC. The amount of damages that can be awarded by the IDHR (acutally the Human Rights Commission) are lost back wages, future lost wages, medical expenses, emotional distress, attorney fees and you can ask for reinstatement if you no longer work there.

Posted On: March 28, 2010

Baptist Church Settles Pregnancy Discrimination Lawsuit For $53,000

Greenforest Community Baptist Church agrees to pay $53,000 to settle two pregnancy discrimination lawsuits. The lawsuits were filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Victoria Brown and Shuntal Prince. According to details in the lawsuit Greenforest violated federal law when it fired Prince and rescinded a job offer to Brown after learning they were pregnant. They company not only engaged in pregnancy discrimination but also retaliation.

In the case of Brown she already received an employment offer when she went for a follow-up meeting with the headmaster to discuss some final pre-employment matters before she was to begin her new job. During this meeting, Brown informed the headmaster that she was pregnant and the headmaster told her she would not be able to teach there because of her pregnancy. This is a clear violation of Title VII of the Civil Rights Act of 1964.

In the second case Prince was called into a meeting with the school’s director to discuss some concerns she had about Prince’s health. Although the context of the meeting seemed routine it was really a pretext for discussing Princes pregnancy. During the meeting, the director told Prince she heard rumors that Prince was pregnant. Prince confirmed that she was pregnant and the director fired her.

“Pregnant women have an equal right to participate in the work force,” said Robert Dawkins, regional attorney for the EEOC’s Atlanta District Office.

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Posted On: March 27, 2010

White Way Cleaners Taken To The Cleaners In Pregnancy Discrimination Lawsuit

White Way cleaners will pay $42,500 to settle a pregnancy discrimination lawsuit. The lawsuit was filed in federal court by the Equal Employment Opportunity Commission ("EEOC") on behalf of Michelle Johnson. According to the lawsuit Johnson worked for the cleaners in the back and transferred to a counter position once she became pregnant. This transfer was part of a policy the cleaners had to allowing women to escape the smell of chemicals and work an easier job if they were pregnant.

The problem continued when Johnson was denied a raise, which she alleges she would have received if she were not pregnant. Additionally, Johnson began pregnant a second time and claims she was fired once she notified the cleaners of the second pregnancy. In this case the cleaners own policy shows they were discriminating against pregnant women. If a pregnant woman does not mind working in the back around chemicals, it should be of no concern to the company. The employee should have a choice in keeping the job they currently hold if they become pregnant.

“The U.S. Supreme Court held almost 20 years ago that an employer may not substitute its own judgment on an employee’s pregnancy for hers. The EEOC is dedicated to ensuring that women are not treated differently because they are or may become pregnant, and this case reminds employers of their obligations under the law.”

Posted On: March 26, 2010

Kmart Settles Age Discrimination Lawsuit For $120,000

Kmart Corporation pays $120,000 to settle an age discrimination, constructive discharge and retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a 70-year-old pharmacist. According to details in the lawsuit, Kmart thought the pharmacist was too old and should retire. Kmart also said the pharmacist was greedy for wishing to work once she reached 70 years of age.

Kmart scheduled the pharmacist to work on Sunday even though they were aware she attended church and would not be able to work that day. This is a prime example of how coompanies try to set workers up for failure by asking them to do something they know they can't do in an attempt to come up with a reason to fire the worker. Kmart also threatened legal action against the pharmacist using a pretext on an unrelated matter to retaliate against her for her discrimination complaint. The pharmacist was forced to quit her position because of the harassment and this is referred to as constructive discharge.

“Instead of addressing this pharmacist’s legitimate complaints of age discrimination, Kmart made a bad situation worse by threatening her for complaining,” said EEOC Acting Chairman Stuart J. Ishimaru.

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Posted On: March 25, 2010

Worker Fired For Not Wearing Red Shirt Gets $21,500

Alliance Rental Center will pay $21,500 to settle a religious discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a former worker, Tyler Templeton who was fired because he would not wear a red shirt on Friday to show his support for the military. According to the lawsuit Templeton who is a Jehovah's Witness, said it was against his religious beliefs and his observance of neutrality on issues of war to go along with wearing the red shirt.

Templeton informed his supervisors about his religious beliefs and his observance of neutrality on issues of war, including military efforts, but was reprimanded for not complying with the Friday dress code. It would not have taken much for the company to respect the religious beliefs of Templeton and tell him it was okay not to wear the red shirt. The company is in business to make money not to tell people what they should support. Templeton was fired shortly after he refused to wear the red shirt. Firing him is regarded as retaliation.

“This is a positive outcome for all parties involved, and it is our hope that the company will be successful going forward as a result of the changes called for in this settlement agreement,” said EEOC Trial Attorney Meaghan Shepard.

Posted On: March 24, 2010

Les Schwab Tire Warehouse Settles Gender Discimination Lawsuit For $2,000,000

Les Schwab Tire Warehouse settled a huge gender discrimination lawsuit for $2,000,000 and other corrective measures. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a class of females who failed to gain employment with the company. The EEOC alleges that the reason the women were not hired was because of their gender.

There are many industries that are male dominated and even though a company may not try to intentionally discriminate against females, the numbers don't lie. In this case, the EEOC was able to prove through the qualifications of the females and the number of females hired that there had to have been discriminatory practices taking place. Sometimes as John Adams said facts are a stubbon thing.

"While the parties have engaged in extensive litigation the past four years, we are pleased to work with Les Schwab to bring this case to a resolution and to start a new era of cooperation," EEOC Regional Attorney William Tamayo said.
Posted On: March 23, 2010

EEOC Settles Pregnancy Discrimination Lawsuit With Imagine Schools For $570,000

Imagine Schools, Inc. pays $570,000 to settle a pregnancy discrimination lawsuit in federal court. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Charity Brooks and LuShonda Smith after it became known they were pregnant. According to the lawsuit Imagine Schools failed to retain the two women after closing a middle school but opening another middle school and high school in the same area.

Pregnancy discrimination violates Title VII of the Civil Rights Act of 1964. It is very sad that at this time in our history female workers are still being singled out and discriminated against. Large settlements like this should make employers take heed and stop this type of behavior. Many times employers believe they can get away with their behavior and it takes a lawsuit to stop them.

“Unfortunately, the EEOC keeps having to drive home the point that no woman should lose her means of earning a living simply because she is pregnant,” said EEOC Acting Chairman Stuart J. Ishimaru.
Posted On: March 22, 2010

Administaff Settles Religious Discrimination Lawsuit For $115,000

Administaff, Inc. will pay $115,000 to settle a religious discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Scott Jacobson and Joey Jacobson. The two brothers were called slurs by managers and coworkers because of their religion, Judaism. The harassment consisted of defacing Scott Jacobson’s work vehicle with a swastika symbol and putting the brothers in a trash bin.

This type of behavior may seem childish and may have been motivated by a herd mentality but it is illegal and dangerous. It is too bad that people have to be so cruel and malicious toward their fellow workers. The real troubling portion of this case is that management took part in the harassment.

“What happened to these workers was cruel and callous, involving physical mistreatment, as well as hateful religious slurs and anti-Semitic symbols” said EEOC Acting Chairman Stuart J. Ishimaru.
Posted On: March 18, 2010

Sexual Harassment and Text Messages

With the rise in technology and the use of cellular telephones equipted with keypads, there has been a rise in the use of text messages by employees. Because of this common form of communications, there is a potential abundance of evidence in sexual harassment cases. This new evidence is in the form of the text message. There are several issues with text messages that one should consider if they are to be utilized as evidence in a sexual harassment lawsuit. First, many people have the mistaken belief that if they delete the text message the cellular phone company can still retrieve the contents of the message from their computers--wrong. Although a deleted message will still be stored in the memory on the phone itself for a period of time, the cellular phone company will only have a record that there was a text sent and received, but not what the message said. How long the deleted message stays on the phone will depend on the model of the phone, the memory storage capability of the phone or more precisely the storage card of the phone and how much data is transmitted and received by that phone.

The second issue with text messages is how do you get the message off the phone so that it may be utilized as evidence. Some model phones will allow you to download the messages and then print them out. For models that don't have this capability, you can take a picture of the message to reveal the contents and phone number which sent the message. Another and better option is to forward the text message to your email account for storage and printing. Many cell phone users are not aware of this option but it should be considered. Discrimination lawsuits are on the rise and it is imperative that people become aware of the type of evidence they have at their disposal to help prove their case.

Posted On: March 17, 2010

Americans with Disabilities Act Claims Rising

According to the Equal Employment Opportunity Commission ("EEOC") the number of discrimination complaints filed with them related to depression, anxiety and other psychiatric disorders almost doubled between 2005 and 2009. These claims would be filed under the Americans with Disabilities Act ("ADA"). These claims can be tough to prove because the person filing the claim must prove their disability substantially impairs their life and that the accommodation they are requesting does not cause an undue burden on the employer. Nationwide in 2009 3,837 ADA complaints were filed. There have been positive court rulings recently that have helped people who file claims under this form of discrimination.

In Illinois aside from filing a claim with the EEOC for ADA discrimination, an employee can also file a claim with the Illinois Department of Human Rights ("IDHR"). The IDHR is tasked with investigating discrimination and in this type of case ADA discrimination would most likely violate
Article 5 of the Human Rights Act ("HRA") which prohibits discrimination in public accommodations on the basis of disability. There are many advantages with filing with the IDHR as opposed to the EEOC. I prefer state court and the IDHR investigates charges in a timely fashion as opposed to the EEOC.

Posted On: March 16, 2010

Boeing Settles Gender Discrimination Lawsuit For $380,000

The Boeing Company will pay $380,000 to settle two lawsuits involving gender discrimination and retaliation. The lawsuits were filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of two female engineers. In the first lawsuit Antonia Castron complained of gender discrimination based on sexist remarks which resulted in a hostile work environment. After she complained to management, she was moved to a new location and two months later she found herself without a job. The lawsuit filed by the EEOC alleges Boeing engaged in retaliation for terminating Castron.

In the second case Renee Wrede twice complained of gender discrimination and remarkably both times Boeing’s own investigators substantiated her complaints. This is the remarkable part of this case. Even though Boeing was able to agree that Wrede was suffering from gender discrimination, Boeing allowed her harassers to influence her layoff evaluations and reduce her scores. It should be no suprise that Wrede was also layed off. Even though Boeing tried to manipute evidence, the EEOC’s investigation proved Boeing manipulated evaluation scores in order to justify the terminations of Wrede and Castron. It is hard to believe corporations still behave like this.

“Covert attempts to mask discriminatory and retaliatory motives, such as Boeing employed, will fool no one.” said EEOC acting attorney Rayford Irvin.
Posted On: March 15, 2010

Money Mart Ordered To Pay $30,000 For Sexual Harassment Lawsuit

Money Mart must pay $30,000 after losing a sexual harassment lawsuit. According to the lawsuit Money Mart refused to properly investigate complaints about a manager at one of its Toronto stores. The problems for Money Mart started when Marjorie Harriott was sexually harassed by her manager. The sexual harassment consisted on her manager making inappropriate comments, steering at her breasts and buttocks and touching her. Apparently Harriott along with several other women complained to upper management but nothing was done to stop the sexual harassment.

This kind of settlement should send a message that complaints of sexual harassment must be investigated and taken seriously. Here you had several women complaining about this type of unprofessional behavior and still nothing was done to stop it. In the end Money Mart had to pay a substantial amount for its' failure to do a proper investigation into the discrimination claims.

"What the tribunal is saying in this case is that you have to fully and fairly investigate when allegations come to your attention," Sellar said.
Posted On: March 14, 2010

PriceRite Sued For Sexual Harassment

Four former workers of supermarket giant PriceRite filed a lawsuit in federal court claiming they were the victims of sexual harassment. Details of the lawsuit indicate that the store manager was allegedly the one sexually harassing the women. the women include Charlene DeAngelo, Patricia Frasca, Kai Fasset and Rebecca Eastman. They not only allege they were the victims of sexual harassment but also other female customers.
According to allegations in the lawsuit the four women claim Potter attempted to have sexual intercourse with them. He also made nasty comments to them and would often times stare at the breasts and buttocks of female customers.

All of the women complainted to PriceRite's human resources manager but nothing was done to stop the sexual harassment. The women all claims they were subjected to retaliation for reporting the sexual harassment. In an interesting claim, Potter is alleged to have used surveillance cameras to focus on women who were shopping in the store. After we would spot a woman he liked he would brag about what he intended to do with the women.

“One customer found a note on her car, soliciting her to engage in some sort of conduct,” the lawsuit claims.
Posted On: March 13, 2010

National Origin Discrimination Lawsuit Against Rend Lake College Dismissed

A lawsuit against Rend Lake College was dismissed by a federal judge because the plaintiff Salah Shakir was not able to provide evidence of unlawful activity by the Illinois community college. Shakir claimed discrimination based on national origin by an administrator who retaliated against Shakir because of his Muslim religion and Iraqi roots. The allegation included trying to ensure he would not be able to head the school.

In order to prevail in a lawsuit alleging nation origin discrimination, one would have to prove that but for the fact of the country of origin, the person would have either gotten a promotion, not been fired, or received a raise. If there are other non-discriminatory reasons why the negative job action or lack of positive job action took place, then the plaintiff will not be able to prove the case and it will most likely be dismissed.

“The board constantly strives to ensure that Rend Lake College is welcome to both employees and students of all backgrounds and cultures,” said the school’s attorney, Julie Bruch.

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Posted On: March 12, 2010

Elgin Mental Health Center Worker Files Racial Discrimination Lawsuit

Virdia Spain a former Elgin Mental Health Center aide who was fired after a patient in her care died from a food allergy filed a lawsuit against her former employer claiming she was terminated based on on racial discrimination--because she is black. According to the lawsuit her employer blamed her and another minority worker for the death, while a white employee who was more responsible went unpunished and did not lose his job.

The tragic incident involved Howard Morris, who was a patient and who was given fish for dinner despite warnings of his severe allergy. Morris went into anaphylactic shock and died. The employer blamed Spain and the other minority worker and fired her. This type of case illustrates how some employers may try to limit their liability by blaming a worker and taking action against the worker. In this case, Spain, was an employee for Elgin Mental Health Center for 20 years.

"Myself and Mrs. Tuson, both being minorities were accused of reckless homicide when all the evidence shows that the (other employee) assigned dinner trays," the suit states. "Also, Mr. Morris had eaten 75 percent - 80 percent of his dinner before I took over."
Posted On: March 11, 2010

PriceRite Supermarket Sued For Sexual Harassment

Four former employees of PriceRite supermarket filed a sexual harassment lawsuit alleging store manager David Potter sexually harassed them. Among the allegations in the lawsuit are claims Potter would show his penis, rub and manipulate his groin and grab his penis asking if the women wanted to touch it. If these allegations can be proven, the company will have some serious liability.

Charlene DeAngelo, Patricia Frasca, and Rebecca Eastman, claim they were fired soon after complaining to Potter's superiors. This is considered retaliation because they were allegedly fired after complainint about a protected activity. The fourth woman, Kai Fasset, quit the day after making an off-duty visit to the store with her boyfriend. The details of the alleged encounter are bizarre. Apparently Potter greeted the couple when they entered to shop and said to the boyfriend, that he should be congratulated for having sexual intercourse with Fasset. This should be an interesting case and this blog will keep readers posted on the outcome.

"Potter would routinely declare that he was interested in a quick sexual relationship with her (DeAngelo) and/or other employees," the suit states.
Posted On: March 10, 2010

Landwin Management Settles Sexual Harassment Lawsuit for $500,000

The Equal Employment Opportunity Commission ("EEOC") settled two lawsuits against Landwin Management, Inc. for $500,000. The lawsuits involved national origin discrimination and sexual harassment. According to facts in the lawsuit non-Chinese banquet servers were not hired based on their national origin. Apparently all the non-Chinese banquet servers who previously worked for the hotel were not hired back during the turnover and instead replaced with less qualified Chinese workers. The EEOC alleges that the majority of the replaced workers were Latino.

Additionallty, Landwin Management which managed the San Gabriel Hilton subjected female employees to sexual harassment. Allegations of sexual harassment included the housekeeping department supervisor calling the women prostitutes and whores. The women complained to management and nothing was done to stop the sexual harassment. You can see how much money this ended up costing the company--not much of a cost savings. The company also has to deal with the negative publicity.

“The days when employers make decisions based on stereotypes and assumptions shaped by the race or national origin of their employees should be far behind us,” said Anna Y. Park, the regional attorney for the EEOC.
Posted On: March 9, 2010

Woman Has Threesome With Boss and Sues For Sexual Harassment

Cathy Monaghan is suing the El Dorado County Water Agency alleging her boss sexually harassed her, and that the affair eventually spiraled into threesomes with her husband. This is a very unique sexual harassment and retaliation lawsuit. According to the lawsuit, William T. Hetland, her boss demanded sexual favors from Monaghan and if she refused she would be fired. Monaghan claims that Hetland that she gave in to the request for sex in part because he would get her drunk. At some point she began feeling guilty about the affair and told her husband, at which point the three of them participated in 'threesomes.

According to the lawsuit, after engaging in four separate threesomes, Monaghan and her husband agreed that she should end the affair but Hetland pressured her to keep having sex. At one point Monaghan told management about the demands for sex and she claims the company engaged in retaliation by firing her rather than address the problem. The stress of all of this made Monaghan continue to drink more and more and eventually led to problems with the law. She was arrested for a DUI and eventually fired from her job. The details of this case are pretty shocking and unique.

"Plaintiff was terminated in retaliation for opposing Hetland's sexual harassment and refusing to participate in sexual encounters. Plaintiff's termination constitutes an adverse employment action," the lawsuit states.
Posted On: March 8, 2010

Firefigher Settles Employment Discrimination Lawsuit For $150,000

Steven Napolitano agreed to settle his employment discrimination lawsuit with the Omaha Airport Authority for $150,000 and as part of the agreement they must reinstate him. In the lawsuit Napolitano alleged he was fired after refusing to support the airport fire chief's claims against Napolitano's captain. The main issue was that the captain was accused of falsifying training records for Napolitano and other firefighters.

It is very tough to assert your rights in the workplace. Napolitano in this case was not afraid to stand up to management and as a result he has a nice payday plus he has his job as a firefighter back. Employment discrimination is a very broad term and covers many different types of discrimination. There are many remedies available for employees who believe they have been discriminated against. There are also very strict time limits, also called statutes of limitation that must be followed. It is very important to act quickly to protect your rights and available remedies.

Napolitano also told the chief that “the firefighters would not be intimidated into making false statements.”
Posted On: March 7, 2010

Branch Banking & Trust Pays $24,000 To Settle ADA Lawsuit

Branch Banking and Trust will pay $24,000 to settle a Americans with Disabilities Act ("ADA")
lawsuit with Linda Hewett and filed by the Equal Employment Opportunity Commission ("EEOC") on her behalf. The problem for Hewett started when her employer would not grant her request for a reasonable accommodation. Hewtt is a hearing-impaired employee who was denied a reasonable accommodation to work in a different position because she had a progressively severe hearing loss and could no longer work as a senior bank teller.

According to details in the lawsuit Hewett was denied reassignment to other vacant positions at Branch Banking and Trust where her hearing impairment would not affect her job performance. This was a reasonable accommodation and the company would have been better advised to have transfered her. In the current tight job market more companies believe they can treat workers as they wish and don't have to suffer any recourse. In this case Hewett asserted her rights and was victorious--good for her.

“Workers with disabilities are productive members of the American workforce,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office.
Posted On: March 6, 2010

Akeena Solar Pays $30,000 To Settled ADA Claim With EEOC

Akeena Solar agreed to pay $30,000 to Gladys Tellez a payroll technician to settle an Americans With Disabilities Act ("ADA") lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on her behalf. According to the lawsuit Tellez was fired by Akeena Solar within hours of her first day at work. Apparently her supervisor discovered that her left arm was paralyzed and didn't want her working for him. It is remarkable in this day people still have that type of attitude toward people with handicaps.

According to documents in the lawsuit and investigation by the EEOC determined that Tellez was fully qualified and capable of performing the essential functions of the job. This is a clear case of someone who can perform a job and is not given the chance because of someone else's poor decision. Tellez gets the final word and this case should send a signal to other employers not to discriminate against people with disabilities.

“All too frequently, the mainstream public, including employers, perceive people with disabilities through a filter of upon myths and stereotypes, instead of assessing each person on their own terms,” said EEOC Regional Attorney William Tamayo.
Posted On: March 3, 2010

Steakhouse Worker Has Sexual Harassment Lawsuit Reinstated

The United States Court of Appeals for the Seventh Circuit ("Seventh Circuit") has breathed some life into Paul Turner. Turner worked as a waiter for The Saloon, Ltd. ("The Saloon"), a Chicago steak-house. While working as a waiter her claims to have been the victim of several forms of employment discrimination including sexual harassment, retaliation, and violation of the Americans with Disabilites Act ("ADA"). According to the lawsuit Turner had a sexual relationship with his supervisor and claims that he ended it and she began to sexually harass him. Turner complained to restaurant management about the sexual harassment and filed a complaint with the Equal Employment Opportunity Commission ("EEOC").

After getting a right to sue letter from the EEOC Turner filed a multi-count employment discrimination lawsuit in the Northern District of Illinois and a Judge in that court dismissed the complaint during a summary judgment hearing. Turner appealed and the Seventh Circuit upheld the district court Judge except on the sexual harassment count. In short, the sexual harassment case will continue.

The details of the sexual harassment claims include, once a customer spilled champagne on Turner's pants, and when he went to the bar area to find towels to dry himself off, Lake, his supervisor and former lover followed him there. She put her hands inside his pockets, grabbed his penis, and said, "You sure are soaked." In another instance Lake pressed her chest against him and asked, "Don't you miss me?" Lake approached Turner from behind and grabbed his buttocks. Lastly Lake saw Turner with his clothes off while he was changing into his work uniform and told him that she missed seeing him naked.

Posted On: March 2, 2010

Walmart Pays $11.7 Million To Settle Gender Discrimination Lawsuit

Walmart agreed to settle a gender discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"), on behalf of a class of female workers and potential female workers for $11.7 million. According to the allegations in the lawsuit Walmart’s Distribution Center denied jobs to female applicants for a period of seven years by hiring male applicants for warehouse positions while not hiring females who were either as qualified or more qualified. Hard to believe that this type of coordinated behavior still takes place.

In addition to paying the money, as part of the settlement Walmart must offer the next 50 positions to females and after that every third position will be offered to females. This case lasted a very long time and the amount although large in the grand scheme of things is very small for a large company like Walmart. People should realize that big companies will fight and use delay tactics when faced with discrimination lawsuits. Corporate greed seems to be getting worse in this country and organizations like the EEOC keep fighting the good fight for the average person.

“Let this major settlement serve as a warning: Employers must stop engaging in these outdated and sexist practices, or they will face severe legal consequences.” said Acting EEOC Chairman Stuart J. Ishimaru

Posted On: March 1, 2010

BBQ Owner Agrees To Pay $449,000 To Settle Sexual Harassment Lawsuit

CEO Gregory Moore of Smithfield's Chicken 'n Bar-B-Q chain agreed to pay $449,200 plus $375,780 in attorney fees to settle a sexual harassment lawsuit. This may seem like large amount of money but Moore was ordered to pay $1.15 million to Jason Hallaman after a two-week jury trial. As is common in trials, many times the parties will agree to settle for a lessor amount in return for not appealing the decision. If the decision is appealed, it could take years for the person to get their money and there is always a chance the jury decision will be overturned or the award amount lowered.

According to court testimony in the case the trouble for Moore began when he fired his personal assistant Hallaman. Hallaman claims he was fired for rebuffing sexual advances. This would constitute retaliation. Several former Smithfield's employees testified that they also rejected Moore's sexual advances and were fired. Moore acknowledged at trail that he is bisexual. Moore also insisted that he fired Hallaman for poor job performance and because Hallaman forged a check. The jury didn't buy these claims.