Posted On: May 31, 2011

College View Donuts LLC Pays $290,000 To Settle Sexual Harassment Lawsuit

College View Donuts, LLC, pays $290,000 to settle a sexual harassment lawsuit. The sexual harassment lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of teenage female employees. Some of the employees were only 16 or 17 years old. Published accounts allege the manager engaged in unwanted touching and hugging and made lewd sexual comments to the female employees.

College View Donuts allowed the manager's illegal conduct to continue even after two employees had complained. I always see the same pattern of behavior. Employees complain and the company does nothing. The manager was finally fired after the employees reported his conduct to the police and he was arrested. Can you imagion. The company waited until the manager was arrested before they would fire him--remarkable.

“Sexual harassment is never acceptable, but it is especially troubling when the victims are teenagers,” said EEOC Attorney Adela Santos.

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Posted On: May 30, 2011

Affiliated Computer Services, Inc. Pays $55,000 To Settle ADA Lawsuit

Affiliated Computer Services, Inc. ("ACS") pays $55,000 to settle an Americans With Disabilities Act ("ADA") lawsuit. The disability discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") after the company refused to accommodate an employee’s known disabilities and by terminating her assignment to ACS instead. This type of activity by an employer will result in a lawsuit each time. I am glad the worker came forward and had the EEOC file a lawsuit on her behalf.

My chicago office is seeing a rise in all types of discrimination lawsuits not just ADA claims. It is very important that employees contact an employment attorney as soon as they believe they are the victim of discrimination. There are strict time limits involved and an experienced attorney can explain them to you the employee.

“Although we recently celebrated the 20-year anniversary of the ADA, some employers still make the serious mistake of basing job placement decisions on a person’s disabilities,” said EEOC Attorney Laurie Young.

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Posted On: May 29, 2011

Retaliation Lawsuits On The Rise

The Equal Employment Opportunity Commission ("EEOC") released its' figures for 2010 and the number of retaliation claims is on the rise. It should be no suprise that employers have been treating employees in such a horrible fashion. The economy is down and it is a cut-throat atmosphere out there. According to the EEOC retaliaion claims accounted for 36% of all discrimination charges filed--99,922 total charges were filed. What this shows is that employees are complaining about discriminatory behavior in the workplace and they are being singled out and treated unfairly for complaining.

My Chicago office is not only seeing an increase in retaliation claims but also an increase in sexual harassment claims. Many times they go hand-in-hand. The employee will complain about sexual harassment and then a negative job action will take place against the employee who complained. The United States Supreme Court expanded retaliation claims under Title VII of the Civil Rights Act of 1964 to include third parties. In Thompson v. North American Stainless LLP, the court held that the boyfriend of a female can claim retaliation if he is targeted because his girlfriend files a claim of sexual harassment.

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Posted On: May 28, 2011

ACT Teleconferencing Services Settles ADA Claim For $40,000

ACT Teleconferencing Services pays $40,000 to settle an American's With Disabilities Act ("ADA") discrimination lawsuit. The discrimination lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") because the company refused to extend the leave of a disabled employee for one month and then fired her. Paige Sprince, a longtime employee who had been seriously injured in an automobile accident on her way to work in asked for an extention of her leave of absence for one month. I mean the woman isn't trying to milk the system she is a good employee and just needs more time to recover. Incredibly, the company terminated Sprince right after she had received clearance from her doctor to return to work in one month.

This type of activity violates the Americans With Disabilities Act, which requires employers to attempt to make reasonable accommodations for employees’ disabilities as long as this poses no undue hardship. I am happy to see Sprince hang in there and not let the company push her around. After paying this settlement hopefully, the company will straighten itself out and not behave like this in the future. My chicago office is seeing more cases of employment discrimination and it is important that employees speak up and protect their rights.

“Leaves of absence are often appropriate accommodations and opportunities to fulfill the ADA’s requirements,” said EEOC attorney Markus L. Penzel

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Posted On: May 27, 2011

Monterey Gourmet Foods Pays $535,000 To Settle Sexual Harassment Lawsuit

Monterey Gourmet Foods, Inc., pays $535,000 to four Latino workers to settle a sexual harassment and retaliation lawsuit. The sexual harassment lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the employees. According to details which became public, three women and one man employed as packers in the lasagna, tamale and ravioli production units suffered sexual harassment by the same male supervisor. The sexual harassment included sexual comments, texting obscene pictures, and unwanted physical touching.

Here is the part that really got the company in trouble. The employees reported the sexual harassment to management and the human resources department but nothing happened. And to make matters worse just weeks after two workers filed discrimination charges with the EEOC, all four workers were discharged or laid off in retaliation. I bet after paying out this kind of money the company will not act like this in the future. I see this all the time in my Chicago office where human resources shoots the messenger.

“You should not have to choose between your personal dignity and making a living,” said the male worker, who is in his 80s. “It is good to know that the law protects workers from that kind of treatment, no matter whether you are male or female, young or old."

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Posted On: May 26, 2011

Chrysler Group Pays $60,000 To Settle Retaliation Lawsuit

Chrysler Group, LLC pays $60,000 to settle a retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts Chrysler’s second-shift supervisor at the Milwaukee facility removed one of the women from the coveted position of driving a power sweeper and assigned her to gather parts in the back order release area. A male with less seniority was placed in the position which would go against normal policy. The female questioned why this was taking place as it seemed to be a form of gender discrimination. The manager called the female a troublemaker and threatened to fire her--which is retaliation.

Retaliation for opposing gender discrimination violates Title VII of the Civil Rights Act of 1964. The female worker stuck up for her rights and would not let the company push her around. You can tell by the settlement amount that the company realized it made a mistake and wanted to put this matter behind it. This type of activity also creates a hostile work environment for all workers and can hinder production. Hopefully better processes and training will be in place for the future and employees can have a discrimination free work place.

said EEOC attorney John Hendrickson “Any adverse job action that might deter an employee from pursuing his or her rights is unlawful. Title VII protects employees who oppose discrimination even when their complaints do not take the form of an EEOC charge or written grievance."

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Posted On: May 25, 2011

Diane Trujillo Receives $28,000 To Settle Sexual Harassment Lawsuit

Diane Trujillo agreed to accept $28,000 to settle her sexual harassment lawsuit against former school principal David Castillo. Trujillo also alleged Tucumcari Public Schools engaged in retaliation for filing the sexual harassment complaint. Published accounts claim Trujillo was sexually harassed by the principal and turned him in. However, human resources told her to just go along with it and not rock the boat. This seems to be a typical response from human resources these days.

Under terms of the settlement Trujillo will remain in her position as a reading specialist and student assistance team chairwoman for the remainder of the school year and remain with the school in the future. I am happy to see Trujillo hang tough and not allow the school district or the principal bully her and force her to shut up. The settlement should send a signal to others that they can come forward if they are the victim of sexual harassment.

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Posted On: May 24, 2011

ERA Helicopters Sued For Sexual Harassment and Retaliation

Alanna Taylor Berthelot who is a former employee of ERA Helicopters alleged she was fired after reporting that male co-workers subjected her to sexual harsasment and a hostile work environment. The allegations include sexually suggestive comments and inappropriate touching. Just as an aside, there is no appropriate touching in the workplace. As if that weren't bad enough Berthelot reported the behavior to human resources but was told to "suck it up and move on." And then the company fired her which is considered retaliation.

As is typical in most cases like this Berthelot is seeking damages for emotional distress, front pay, back pay, loss of benefits, attorney's fees and court costs. This type of activity at work is troubling if proven and shows what human resources is all about for most companies--a department that cares about the company not the employee.

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Posted On: May 23, 2011

Former Police Officer May Settle Sexual Harassment Lawsuit For $700,000

In good news for former police officer Patrick Shaltry, his three-year-old wrongful termination lawsuit may get settled this week for $700,000. A court earlier awarded Shaltry $750,000 for his retaliation claim after rejecting his sexual harassment claim. The city is not going to appeal this award in exchange for Shaltry lowering his award by $50,000 and settling the case for $700,000. The main issue was Shaltry claims he was sexually harassed by his female supervisor and then fired for not going along with it which would be retaliation. There was real merit to this claim because this kind of money is not given for frivolous cases.

Shaltry was fired for alleging Sgt. Anjanette “A.J.” Tuer who was the head of internal affairs for the Saginaw Police Department sexually harassed him. Shaltry turned in this conduct and was fired, however the city claims Shaltry was fired because of five complaints made against him by four citizens and one fellow officer. The settlement amount should give you a good indication of whose version of events is more accurate.


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Posted On: May 22, 2011

Sacramento State Professor Who Cost The University $900,000 To Settle Sexual Harassment Lawsuits Now Sues The University

In what is a real twist of events Sacramento State professor Wilfrido Corral is suing the University claiming they discriminated against him because of his national origin--Latino. Corral was accused of sexually harassing four students and three professors and cost California State University more than $900,000 to settle sexual harassment claims from some of the women who say he harassed them. According to published accounts, four Sacramento State students complained that Corral had made sexual advances toward them. The advances included taking them to dinner and making sexual comments to them.

The University claims it had good reason to fire Corral. They claim Corral called Professor Buffard a "French whore" and referred to Gelus and Moore (two other professors) as "lesbian bitches" in front of staff and students. Obviously when you make these types of statements you have to expect to have disciplinary action taken against you. If all of the published accounts are true, Corral does not seem to have much of a case and he already cost the University a great deal of money.

"He's tried to twist the whole story and make (the professors) look like the bad guys when they were just trying to do their jobs," The University said


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Posted On: May 21, 2011

ACCLAIM Charter School Pays $41,125 To Settle Sexual Harassment Lawsuit

ACCLAIM Charter School pays $41,125 to settle a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of two female employees. According to published accounts Rafael Andaverde, the husband of the owner and director of ACCLAIM sexually harassed two female school employees. Andaverde’s continued to sexually harass the workers even after complaints about it were made to the administration.

This type of behavior is not acceptable and will result in a sexual harassment lawsuit every time. I am glad these two females contacted the EEOC and filed a complaint. The EEOC will monitor the school and ensure this type of behavior does not happen again. Hopefully the man that was doing the sexual harassment has been fired and they no longer have to worry about it happening again. My Chicago office is seeing an increase in sexual harassment cases. If you believe you have been subjected to sexual harassment contact my office at once.

“Employees have an absolute right to be free from sexual harassment in the workplace,” said EEOC Attorney Mary Jo O’Neill.
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Posted On: May 20, 2011

Anthem College Pays $260,000 To Settle Sexual Harassment Lawsuit

High-Tech Institute, Inc., doing business as Anthem College Online, pays $260,000 to settle a sexual harassment lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") and alleged Anthem College subjected female employees to repeated sexual harassment by supervisors. According to published accounts three male supervisors sexually harassed six female admissions representatives. The sexual harassment included touching and unannounced visits to the homes of the females.

According to the lawsuit Anthem College knew or should have known about and tolerated this sexually hostile work environment caused by its supervisors. One of the men that was doing the sexual harssment would socialize with upper management and the females were hesitant to come forward at first for that reason. At the end of the day, the College did not do anything to stop the sexual harassment and for that reason the settlement amount was large.

“Employees who have an official or strong duty to communicate to management are considered part of management,” said EEOC Attorney Mary Jo O’Neill

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Posted On: May 18, 2011

The Steakhouse at Desert Canyon Sued For Retaliation

The Steakhouse at Desert Canyon and Desert Canyon Golf Club is being sued by ex-manager White for retaliation after complaining about the head chef. The complaint was first filed by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts several female employees felt they had been sexually harassed by the head chef. White who was the manager was then fired by upper management after he brought the sexual harassment complaint to their attention.

Golf International offered to rehire him but conditioned this offer upon his withdrawal of the EEOC charge. But White would not budge to their demands and instead went forward with his EEOC complaint. White insisted on pursuing the EEOC charge, and Golf International refused to rehire him. In a really wacky move Golf International later rehired White, but terminated him again several weeks later.

“It is particularly important for the EEOC to vigorously enforce the anti-retaliation provisions in our employment discrimination laws,” said EEOC attorney Mary Jo O’Neill

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Posted On: May 17, 2011

Fisher Sand & Gravel Co. Pays $150,000 To Settle Sexual Harassment Lawsuit

Fisher Sand and Gravel Company pays $150,000 to settle a sexual harassment lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC"). According to published accounts, Fisher Sand & Gravel Co. subjected two women workers to egregious verbal sexual harassment by a supervisor and then fired one of them after she repeatedly asked the supervisor to stop harassing her and complained to a job superintendent. When an employee is terminated because of complaining of sexual harassment it is referred to as retaliation.

"Women who work in traditionally male-dominated professions or workplaces can be particularly susceptible to sexual harassment,” said EEOC Attorney Mary Jo O’Neill

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Posted On: May 16, 2011

Dillard's Pays $50,000 To Settle Age Discrimination Lawsuit

Dillard’s, Inc. pays $50,000 to settle an age discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of 61 year old manager Virginia Keene. According to published reports about the lawsuit, Keene was fired from her position as an area sales manager and replaced with a 24-year-old employee who only had four months of experience as an area sales manager. This is unusual and would indicate that age is playing a factor in the employment decision. Keene successfully worked as an area sales manager for over four years and right before she was fired had ranked second out of six area sales managers.

To make matters worse for the company Keene received positive reviews in her two most recent performance appraisals and had twice been recommended for promotion. When you hear this kind of evidence it makes it obvious that the company was engaging in age discrimination. Throughout the course of her employment with Dillard’s, Keene’s managers made repeated references to her age, telling her she was too old for a sales job and that it might be time for her to let the younger managers take over. I am glad Keene hung in there and made the company pay her for the discrimination. This type of activity also creates a hostile work environment for all employees.

“Older workers have experience and skills that are too often overlooked,” said EEOC attorney Lynette A. Barnes

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Posted On: May 15, 2011

Sexual Harassment Lawsuits On The Rise

Well the results are in. The number of sexual harassment lawsuits filed by my office in 2011 has increased over 2010. Other attorneys I talk with are seeing an increase as well. Of course if you file a complaint of sexual harassment in Illinois, you can file with the Illinois Department of Human Rights ("IDHR") and that agency will cross-file with the Equal Employment Opportunity Commission ("EEOC"). I find that the IDHR does a good job of investigating the claim of sexual harassment and also of helping with settlement talks.

Along with claims of sexual harassment I also see a number of retaliation claims. What happens is an employee complains to management about sexual harassment and is then fired or had another type of negative job action take against him. Usually this type of action is very transparent. The employee is a good worker, complains and is then fired. It looks so obvious. My Chicago office is seeing a real increase in the number of retaliation claims.

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Posted On: May 14, 2011

City of Chicago Loses Racial Discrimination Lawsuit Must Pay Firefighters Over $30 Million

The United States Court of Appeals for the Seventh Circuit ruled in favor of black firefighters and ordered the city of Chicago to rehire 111 black firefighters and pay over $30 million on back wages. The case is a racial discrimination lawsuit and started when the city of Chicago changed who would be hired as firefighters based on their test scores. The Seventh Circuit said the city of Chicago intentionally raised the requirement of higher test scores in order to exclude black firefighters.

Initially the city of Chicago said it would hire anyone who received higher than a 64, but then said only those getting above 89 would be hired, therefore reducing the number of black firefighters. The Court found that a score of 89 is not required to fight fires and using the score of 64 would have been adequate and would have resulted in a more just hiring system.

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Posted On: May 13, 2011

Hyundai Ideal Electric Company Pays $188,000 To Settle Gender Discrimination Lawsuit

Hyundai Ideal Electric Company ("HIEC") coughs up $188,000 to settle a gender discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of a female drafter, Tabitha Wagner. According to accounts which have been made public, Wagner was an experienced drafter and was hired for a job preparing drawings and sketches for batteries and engines. The problem was she was being paid a lower salary than that of a similarly situated male who was hired only months later. Wagner did what most would consider the right thing. She brought the disparity to the attention of the human resources manager, and was subsequently fired as retaliation for complaining.

This type of activity is so tranparent and isn't fooling anyone. It amazes me that companies still behavior like this. Why didn't they just bring her pay in line with her male counterpart? I am glad she stuck up for herself and filed a complaint with the EEOC. In Illinois you can also file with the Illinois Department of Human Rights ("IDHR") and that organization will cross file with the EEOC.

“The EEOC will not tolerate discriminatory pay practices,” said Debra Lawrence, EEOC attorney.

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Posted On: May 12, 2011

White Woman Wins Reverse Discrimination Lawsuit Gets $246,500

A Merrillville Dots store will pay $246,500 to one-time potential employees in order to settle a racial discrimination lawsuit. This is a unique lawsuit because it involves white applications who claim they were not hired because they are whlte--reverse discrimination. In addition to paying a substanial amount of money, the store will change its hiring practices. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") and the settlement came prior to trial.

According to published accounts a Merrillville Dots staffer denied a woman and other white applicants employment. The denial was based soley on the color of their skin--white. This type of case is unusual but it shows that discrimination works both ways. The store had to pay a substanial amount of money and I am sure they won't make this mistake again. I am glad the women hung in there and contacted the EEOC to protect their rights. My chicago office handles these types of cases and I am seeing an increase in discrimination cases.

The applicant was told by a store manager that the store "doesn't hire white people."


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Posted On: May 11, 2011

Fisher Nut Company Pays $150,000 To Settle Retaliation Lawsuit

Fisher Nut Company pays $150,000 to seven Latina employees to settle a retaliation lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the workers after the EEOC tried to settle the case. Workers were given crazy warnings about things that normal employees are not subjected to. For exampline in one instance a worker was warned for laughing during the course of the work day. All but one of the workers were moved from various other jobs to the entry-level almond-sorting position, widely considered the least desirable work at the plant.

According to published accounts the Latina employees faced verbal threats and irrational warnings from their immediate supervisors when all of them complainted of discrimination. Ultimately, all the women were fired within two months of the informal meeting. This type of conduct is not acceptable and I am glad the EEOC made the company pay.

“Because these workers were vulnerable to retaliation that might be disguised by the seasonal nature of their jobs, it was a priority to pursue this case,” said EEOC Attorney William R. Tamayo.

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Posted On: May 10, 2011

Dave's Supermarket Settles Sexual Harassment Lawsuit For $300,000

Dave’s Supermarket pays $300,000 to four women to settle a sexual harassment lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of the four women and the allegations were substantial. The lawsuit claims former meat department manager Jugoslav Vidic made repeated and unwanted sexual advances to female employees. The lawsuit further claims that upper management was well aware of Vidic's behavior and refused to stop it.

Details of the sexual harassment included Vidic allegedly exposing himself to a newly hired female employee. When the woman complained to upper management, nothing was done to stop it and there wasn't even an investigation into the incident. Finally Dave’s Supermarket fired Vidic after another female employee complained of sexual harassment. I bet Dave's wishes it had taken the complaints of sexual harassment more serious now that they paid a substantial amount of money. This type of case occurs too often and it should serve as a warning to other companies that conduct like this will cost a great deal in money and negative public perception.

“The decree here sends the same signal to employers that the EEOC has been sending for some time: sexual harassment is prohibited and the EEOC will move swiftly to stop it,” said EEOC Attorney Debra Lawrence.

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Posted On: May 9, 2011

Chicago Area Hilton Pays $195,000 To Settle National Origin Discrimination Lawsuit

The Hilton Lisle/Naperville ("Hilton") is paying $195,000 to settle a national origin discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Hispanic employees. According to published accounts Hispanic employees in the hotel kitchen were subjected to offensive comments. Specifically, the hotel’s executive chef regularly referred to Hispanic employees as “s--cs” and “wetbacks.”

It is hard to believe a person in the position of executive chef would make such offensive comments to fellow co-workers. What is even more disturbing is that management did not take any action against the chef at the time. One would think that a brand like Hilton would have a better policy and procedure in place. The EEOC was able to get a nice settlement on behalf of the Hispanic workers and hopefully this type of activity will not happen in the future.

EEOC attorney Aaron DeCamp added, “Over the next three years, EEOC will keep a close eye on how the Hilton Lisle/Naperville implements the consent decree to make certain these issues do not recur.”

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Posted On: May 8, 2011

Proposed Changes To Illinois Human Rights Act

My Chicago office files many complaints of discrimination and sexual harassment with the Illinois Department of Human Rights ("IDHR"). The process for filing with the IDHR is governed by the Illinois Human Rights Act ("Act"). Currently the Illinois Assembly is taking a look at updating the Act by proposing two significant changes to the Act. Under the current procedure, a company has 60 days to file a verified response with the IDHR. The new proposal would cut that time down to 30 days. Second, the new proposal would eliminate the fact-finding conference.

I have no problem with the 30 day proposal but do not agree with cutting the fact-finding conference. At the fact-finding conference both sides have an opportunty to get a look at the other sides evidence and person presenting the evidence. In my opinion this increases the chance of settlement and also allows the employee to see what they are up against. For this reason I am opposed to the change and hope the assembly does not approve it. Discrimination cases affected include retaliation and discrimination that creates a hostile work environment.

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Posted On: May 7, 2011

Western Washington University Pays $135,000 To Settle Racial Discrimination Lawsuit

Western Washington University pays $135,000 to Shannon O'Dwyer to settle a racial discrimination and retaliation lawsuit. O'Dwyer was a dispatcher in its police department who alleged she was fired after complaining about co-workers making racist and sexist remarks. Fired for complaining about discrimination is known as retaliation. This type of behavior is uncalled for and will cost a University money every time it happens. I am glad Shannon stuck in there and did not put up with it.

The hostile work environment type remarks included men saying that Western was only hiring minorities to fill quotas, claiming a woman only kept her job because she performed sexual favors, and that an African-American co-worker was only promoted because he's black. Western Washington University would do well to train its' employees to act better and to understand how comments like these can affect other employees.

According to the University O'Dwyer was fired during her probationary period and that it did not violate state law. However, I think the settlement amount speaks to what really took place. That is a great deal of money for a justifiable firing. I am seeing an increase in the number of University related claims of discrimination and retaliation. My Chicago office is especially busy with these types of claims.


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Posted On: May 6, 2011

Chubb & Son Pays $110,000 To Settle Retaliation Lawsuit

Chubb & Son is paying $110,000 to settle a retaliation and racial discrimination lawsuit that was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Kong Chee Vang. According to published accounts by the EEOC, Vang was a Hmong tribsman and employee of Chubb and was refused a promotion because of her Asian race--which is racial discrimination.

Additionally Chubb failed to stop its managers from using stereotypes and negative assumptions based on race while considering Vang for a promotion to underwriter. The company then engaged in retaliation after she filed a complaint with the EEOC by not promoting her on a second attempt. This type of behavior will not be tolerated and will result in cash settlements every time. I am glad Vang did not take this sitting down and instead went to the EEOC and filed a lawsuit.

"Managers who may think they are ‘just standing up’ for their companies when they retaliate against complainants are, in fact, just doing more damage.” said EEOC John Hendrickson

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Posted On: May 5, 2011

Sexual Harassment Lawsuit With Marina Materowski Settles For $305,000

Hudson County will pay $305,000 to Marina Materowski to settle her sexual harassment lawsuit. The lawsuit was filed by Materowski, against the county and two correctional officers. According to published accounts Materowski alleged her two male colleagues made repeated derogatory comments, including calling her a "damn hussy" and "ho."

Additionally, Materowski claims that one of the men grabbed her off an office chair, pulled her onto the floor and physically restrained her by straddling her and grabbing her wrists. The other employee just sat and didn't intervene and try to stop what was taking place. This type of behavior in the workplace is no acceptable. This type of activity can also create a hostile work environment. Regardless of what paid mouthpieces say, the large settlement amount speaks for itself.

"The settlement should not be interpreted as an admission of guilt", county spokesman Jim Kennelly said.

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Posted On: May 4, 2011

Retaliation Lawsuit With Eclipse Advantage Settles For $60,000

Eclipse Advantage, Inc. pays $60,000 to settle a racial discrimination and retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Rodney Williams. According to published accounts, African-American employee Williams endured racial discrimination and when he reported it, the company engaged in retaliation. Williams began working in a supervisory position with the company and shortly thereafter was subjected to racial epithets from his superiors.

In a remarkable event, on his first day, Williams was asked if he was a “black man or a n----r.” The lawsuit alleged management frequently used racial slurs, most notably the N-word in the workplace. And Williams was demoted from supervisor to team lead and then discharged from his position as a team lead after complaining about a hostile work environment. This type of behavior is unacceptable and as you can see it will cost the company money and bad publicity every time.

“ The settlement not only provides monetary compensation for the discrimination victim, it also provides significant injunctive relief to prevent and eliminate further harassment and retaliation.” said EEOC Attorney Debra Lawrence

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Posted On: May 3, 2011

Delta Family Health and Fitness Pays $87,500 To Settle Retaliation Lawsuit

Delta Family Health and Fitness for Children pays $87,500 to settle a lawsuit for retaliation. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") after Delta fired four employees. The four employees were an employee who complained about sexual harassment, an identified witness to the discrimination, and two other employees who had filed charges with the EEOC. It is hard to believe all four employees suddenly became bad employees and warrented being terminated.

Usually companies are a little more subtle but in this case an employee complained about sexual harassment and named a co-worker as a witness to the harassment. Both employees were terminated on three days later. That is a pretty short period of time to fire two employee given what they are complaining about and witnessing. Two other employees filed charges of discrimination with the EEOC and they were fired. I am glad the EEOC was able to get to the bottom of things and hold the company responsible.

“This case demonstrates the EEOC’s commitment to aggressively pursue remedies for retaliation victims.” said EEOC Attorney Faye A. Williams

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Posted On: May 2, 2011

Deana Perry Received $100,000 To Settle Her Sexual Harassment Lawsuit

Deana Perry is receiving $100,000 to settle her sexual harassment lawsuit with the Middletown police. According to published accounts, Perry had her house raided in a drug raid and a small amount of marijuana was found. However, the police placed a nude photo of her discovered during a search of her bedroom in a windowsill next to a sticker that read, "Say 'NO' to Drugs ... BUSTED ... Middletown Police Department".

Additionally Perry alleged officers forced her to sit on a barstool in her living room in only a T-shirt and panties in front of her four children and three others she was babysitting. This is an unusual sexual harassment case to say the least. Most sexual harassment cases involve employment and this is more of a civil rights lawsuit. The behavior of the police department is outrageous in this case.

"She feels just like we do – that the settlement is a step in the right direction and that it sends a signal to not just the Middletown Police Department but police departments everywhere that this kind of behavior is unacceptable," said attorney Joshua Autry.

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Posted On: May 1, 2011

Warehouse Company DB Schenker Sued For Sexual Harassment and Hostile Work Environment

Angela McDonald and nine other warehouse workers filed a lawsuit with the Equal Employment Opportunity Commission ("EEOC") against DB Schenker alleging sexual harassment, the creatiion of a hostile work environment and racial discrimination. The problems include co-workers flying Confederate flags, KKK scrawled in the bathrooms and swastikas drawn on the coffee machine and walls. McDonald complained to management but nothing was done to take down the offensive material or to put a stop to it.

The warehouse is located in Joliet Illinois and there is an increase in Illinois in the number of discrimination claims filed with the EEOC and the Illinois Department of Human Rights ("IDHR"). The sexual harassment included one woman being chased around the warehouse by a male co-worker who was trying to have sex with her. Not only was the male not disciplined but he was promoted into another job. This is the type of behavior by management that makes people file charges of discrimination. This blog will follow the lawsuit and report as information becomes available.

“When I’m leaving at one in the morning, there is no security and I know there are people who are hateful and prejudiced in the building,” McDonald said. “I’m afraid of someone hurting me.”

Continue reading " Warehouse Company DB Schenker Sued For Sexual Harassment and Hostile Work Environment " »

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