Archive for June, 2009
June 30th, 2009
Augusta Car Dealer Subjected Black Sales Manager to Racial Abuse, Agency Charges
ATLANTA – In a race discrimination lawsuit filed today, the U.S. Equal Employment Opportunity Commission (EEOC) charged that a GM Pontiac-Buick car dealership committed racial discrimination at its Augusta, Ga., location. The EEOC charged that a white male management consultant subjected an African American sales manager to a racially hostile work environment over a four-month period.
According to the EEOC’s lawsuit against S&H Thomson, Inc., doing business as Stokes-Hodges GM Pontiac Buick, the white consultant visited the GM Pontiac Buick location three to four times a week and never missed an opportunity to make racially derogatory comments towards the black sales manager. The man was subjected to humiliating and degrading comments every time the consultant visited the GM Pontiac Buick dealership and almost always in the presence of other people. In one instance, the consultant said to the black manager who was conducting training at the time “Come here n—-r; get me some coffee, n—-r.” This offending conduct occurred in front of approximately nine salespeople and managers, the EEOC said.
The victim complained to the employer about the offensive conduct, but the discrimination continued until the end of the black sales manager’s employment. The EEOC charged that the employer failed to take prompt remedial action designed to stop the harassment, as required by federal law.
Race discrimination violates Title VII of the 1964 Civil Rights Act. The EEOC filed suit after first attempting to reach a voluntary settlement. The federal agency seeks compensatory and punitive damages for the harmed employee, as well as injunctive relief designed to prevent such discrimination in the future.
“This is an outrageous case where an African American employee was subjected to humiliating and degrading behavior,” said Bernice Kimbrough, district director for the EEOC’s Atlanta District Office.
Robert Dawkins, regional attorney for the Atlanta District Office, said, “This is an example of severe and pervasive acts of racial harassment which no employee should be allowed to endure. The EEOC is committed to taking action to eliminate this type of misbehavior from the workplace.”
During Fiscal Year 2008, the EEOC received 33,937 race discrimination charge filings, up 11 percent from the prior year. Of the total, approximately 8,600 race charges alleged racial harassment, up 23 percent from nearly 7,000 such filings in FY 2007.
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
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June 28th, 2009
Weight Loss Chain Fired Employee Over Bipolar Disorder, Federal Agency Charged
DETROIT – A Southfield, Mich.-based chain of weight loss clinics will pay $68,000 to settle a disability discrimination lawsuit brought by U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that Medical Weight Loss Clinic, Inc. unlawfully fired an employee with bipolar disorder because it regarded her as disabled, even though she had a superior work record with the company.
According to the EEOC’s lawsuit (Case No. 2:07-cv-15394 in U.S. District Court for the Eastern District of Michigan), employee Catherine Jovic was a successful employee for more than seven years with Medical Weight Loss Clinic, but was discharged after it learned that she was on leave due to her disability. Such alleged conduct violates the Americans With Disabilities Act (ADA).
As part of the consent decree resolving the suit (entered by Judge Marianne O. Battani), Medical Weight Loss Clinic will pay $68,000 to Jovic. Medical Weight Loss Clinic also agreed to draft and implement disability discrimination policy training to all of its employees on the ADA.
“We are pleased with the relief provided by the consent decree,” said Dale Price, the EEOC attorney who handled the case. “It provides meaningful relief to Ms. Jovic and protections for the employees of Medical Weight Loss Clinic. It also reminds employers that they cannot make employment decisions based on fears and stereotypes about people with various conditions.”
The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.
Fight employment discrimination with Work Laws Exposed.
