Findlay Honda to Pay $150,000 to Resolve EEOC Discrimination Lawsuit

Black Employees Endured Racial Comments, Bias and Reprisal for Protesting, Federal Agency Charged

LAS VEGAS – Shack-Findlay Automotive, LLC, doing business as Findlay Honda and Findlay Automotive Group, Inc., a car dealership in Henderson, Nev., will pay $150,000 to two black employees for subjecting them to discrimination, harassment and retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

The EEOC filed suit against the company on behalf of the two individuals in September 2010 in the U.S. District Court for the District of Nevada (EEOC v. Shack-Findlay Automotive, LLC d/b/a Findlay Honda and Findlay Automotive Group, Inc., Case No. 2:10-cv-01692-KJD-RJJ). In its lawsuit, the EEOC asserted that a parts department manager made racially derogatory comments and jokes on a near-daily basis and imposed stricter work-related rules on black employees than non-black employees. Two black employees were eventually fired, one after communicating that he was going to file a discrimination charge against the company.

Race discrimination and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

Findlay Honda agreed to enter into a consent decree with the EEOC resolving the matter. Aside from the monetary relief for the victims, the consent decree also requires that the company hire an outside EEO consultant; distribute its policies and complaint procedures with respect to workplace discrimination, harassment and retaliation; track future complaints; and provide annual equal employment opportunity training.

“We commend Shack-Findlay Automotive for taking proactive measures to ensure a workplace free of discrimination,” said Anna Y. Park, regional attorney of the EEOC’s Los Angeles District Office, whose jurisdiction includes Nevada. “We encourage other employers to take steps to ensure that managers are trained about their obligations under Title VII.”

Adriana Lopez, acting local director for the EEOC’s Las Vegas Local Office, added, “Retaliation is the No. 1 type of complaint filed with the EEOC nationwide and also in our district. Workers are increasingly aware that they have the right to report discrimination and harassment without reprisal by employers. We encourage employers to take preventative measures to combat this form of discrimination.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

What is Sexual Harassment?

One example of Employment Law Dispute is Sexual Harassment. Sexual Harassment is a form of employment discrimination. The law defines it as an unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.

Stats on Sexual Harassment

About 15,000 cases relating to sexual harassment in the workplace are being brought to the United States Equal Employment Opportunity Commission (EEOC) every year, 60% of which are filed by female employees.

However, not only female workers are filing sexual harassment claims. In 2004 alone, 15% of the complaints handled by the EEOC were filed by men, 11% of which were against their female superiors.

What are the Characteristics of Sexual Harassment?

1. It is Unwelcome – the act done or remark said must be unwelcome and disturbing. Otherwise, it is not actionable.

2. It may be done:

a. Verbally – it may be a green joke, unpleasant rumors, or a sexually-insulting remark or comment;

b. Physically – it may be in the form of an assault, an inappropriate touching of the body, hugging, kissing or stroking;

c. Visually – it may be through screensavers, pictures and messages;

d. Non-verbally – it may take the form of a facial expression or derogatory gestures; or

e. In written form – such as letters, text messages or email.

3. It is severe and pervasive – the remark or action must be seriously insulting, affects the working condition and creates a hostile working environment.

Who can be a harasser?

Anyone (whether male or female, whether a boss, worker, or stranger) can be held liable of sexual harassment. Also, whether it is intentional or unintentional, an act or utterance, as long as it is offensive and sexually-related, may be used as ground for a sexual harassment claim.

Who can be harassed?

In the same vein, anyone (whether male or female, whether a boss, worker, or stranger) who has been sexually offended may sue for sexual harassment. In addition, it is not material to your claim whether the one you are suing belongs the same or opposite sex.

What to do when sexually harassed?

The first thing to do is to inform your superiors about the incidents right away so they can perform legal and administrative measures to warn or punish the perpetrator. Sexual Harassment is a ground, among others, for employment termination. One incident is enough for a worker to lose his job.

Another solution would be to confront the harasser and tell him that his actions or remarks are unwelcome, pervasive and are affecting your work. In order to maintain a good working environment, it is better to give him a warning first.

But if the act is so severe or if he still persists in harassing you, then it is better to take some legal actions;

If you have been a victim of sexual harassment, you should hire an Employment Law Disputes Attorney to defend you from this malicious act. Sexual Harassment is an actionable wrong, and the victim is entitled to damages. Contact your lawyer right away.

Female Employee at Glendale Restaurant Subjected to Obscene Touching and Displays and Fired for Complaining, Federal Agency Charges

PHOENIX — Gala AZ Holdings, Inc., doing business as Del Taco, violated federal law by subjecting a female employee to sexual harassment and by firing her for her complaint, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

The EEOC’s lawsuit, (EEOC v. Gala AZ Holdings, Inc., Civil Action No. CV11-0383-PHX-JAT), filed yesterday in U.S. District Court for the District of Arizona, alleges that an assistant manager at the Del Taco location in Glendale sexually harassed Adriana Lopez by fondling himself in her presence, grabbing her buttocks, and attempting to grab her breasts. The EEOC alleges that after Lopez complained to her managers, she was suspended and then fired in retaliation for her complaint.

This alleged conduct violated Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991, which prohibit employment discrimination based on sex, race, color, religion, or national origin, as well as retaliation. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process. The lawsuit seeks compensatory and punitive damages for Lopez as well as appropriate injunctive relief to prevent any further sex-discriminatory practices.

“Employers who subject people to harassment based on sex are violating federal law,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District Office. “It is particularly important for the EEOC to vigorously enforce the anti-retaliation provisions in the employment discrimination laws. We have seen an alarming increase in retaliation charges, and we are very concerned that employees know that they can report discrimination without repercussions.”

EEOC District Director Rayford O. Irvin added, “”Employers must take complaints of discrimination seriously and address them appropriately. Retaliation against victims of harassment who have spoken out or reported such behavior is all too common and just as illegal as the harassment itself. The EEOC will not look the other way.”

The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming, and part of New Mexico (including Albuquerque). Further information about the EEOC is available on its web site at www.eeoc.gov

Brand Energy Fired Employee for Refusing Supervisor’s Requests for Sex, Federal Agency Charged

NEW ORLEANS – Four related national construction companies — Brand Energy & Infrastructure Services, Inc., Brand Services, LLC, Brand Energy Solutions, LLC, and Brand Scaffold Services, LLC (Brand) — will pay $110,000 to settle a suit for sexual harassment and retaliation filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The court-approved settlement resolves the charge of a former employee, Jauronice Hayes, who worked for Brand at its Conoco Phillips facility in Belle Chasse, La.

In its suit, the EEOC charged that Hayes was sexually harassed by her male supervisor. The harassment included inappropriate sexual statements, requests and demands for sexual favors, and sexual touching, the EEOC said. The suit also charged that he exposed his genitals to Hayes and informed Hayes that if she did not have sex with him, she would be laid off. Hayes anonymously complained about the sexual harassment to a company hotline and also repeatedly opposed the sexual harassment and rejected her supervisor’s sexual advances, according to the suit.

As a result of her complaint, her opposition to this harassment and her rejection of his sexual advances, Brand fired Hayes, the EEOC said. After Brand terminated Hayes, her supervisor left the company’s employment.

The EEOC also alleges that this supervisor had previously harassed another female employee, who no longer works for the company.

“Egregious sexual harassment, including unwanted touching and demands for sex with the threat of being fired, fundamentally violates the notion of a fair workplace and is unlawful,” said EEOC General Counsel P. David Lopez. “When an employee is fired in retaliation for complaining about that kind of conduct, it is especially troubling. Employers must understand that if they subject employees to sexual harassment or fire them for complaining, there will be serious consequences.”

Sexual harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a pre-litigation settlement through its conciliation process.

“I just wanted to do my job and be left alone,” said Hayes. “My boss touching my body and trying to pressure me to have sex with him really hurt me. No woman should have to choose between putting up with this kind of abuse or losing her job and not being able to support her family. I could not stand the idea that the company or this man might do this again to someone else. I felt that if I did not stand up for myself, I would be letting others down and setting a bad example for my kids. People out there need to know that they have rights and that the EEOC can help them. The fact that the company will have to change the way it does things in the future was very important to me.”

Under the court-ordered consent decree settling the suit, which was filed with the U.S. District Court for the Eastern District of Louisiana (Case No. 10:3306 ), Brand will pay Hayes $100,000, and $10,000 to the second victim. The company will also provide annual training to more than 450 personnel in its Gulf Region, encompassing Texas and Louisiana, covering its operations involving about 6,500 employees. Brand will also report to the EEOC for two years on all complaints of sexual harassment and retaliation in the Gulf Region.

In 2008, the EEOC filed another suit against Brand in Texas, alleging similar harassment and retaliation (Case number 08-3305, Southern District of Texas, Corpus Christi Division). Brand settled that case with the EEOC for $175,000 in 2009.

Jim Sacher, the EEOC’s regional attorney for the Houston District Office, which oversees all litigation in Louisiana, commented, “When a supervisor touches an employee repeatedly in sexually inappropriate ways, and takes away her job because she won’t have sex with him, it is a gross violation of the law, and is totally unacceptable. We are hopeful that with the training and reporting requirements under the settlement, problems like this will not happen again within this company. If they do, we will take appropriate action.”

The EEOC was represented in the case by trial attorneys Gregory T. Juge and Tanya L. Goldman.

The EEOC enforces federal law prohibiting employment discrimination. Further information is available on its web site at www.eeoc.gov

Agency Says Complaints of Misconduct at Vet Pharm Were Ignored

SIOUX FALLS, S.D. – A South Dakota animal health products distributor violated federal civil rights laws by allegedly permitting a male employee in its Sioux Falls distribution center to sexually harass female employees, even after direct complaints were made to a manager, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed Friday.

According to the EEOC’s suit, between 2007 and 2008, an employee of Vet Pharm, Inc. told sexually explicit jokes and made highly personalized sexual comments which demeaned and humiliated female employees. The EEOC’s administrative investigation indicated that complaints were made to a direct supervisor, who allegedly took no action to remedy the harassment. Further, the investigation showed that even after complaints were allegedly raised with upper management, the company failed to stop the harasser’s conduct, which was so severe that a female employee felt forced to quit her job.

Sexual harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed its suit, which was docketed before Judge Lawrence L. Piersol, in the U.S. District Court for the District of South Dakota (Equal Employment Opportunity Commission v. Vet Pharm, Inc., Civil Action No. 11-4025), after first attempting to reach a pre-litigation settlement through its conciliation process.

“It appears — and we intend to prove it in court — that Vet Pharm knew about this man’s alleged misconduct but allowed him to continue to abuse female employees by engaging in highly sexualized speech,” said John Hendrickson, the EEOC regional attorney in Chicago. “What Vet Pharm didn’t seem to get is that, under federal law, women don’t have to put up with that kind of talk to keep their jobs.”

The EEOC’s lawsuit stems from a charge of discrimination that was filed by a former employee of Vet Pharm.

In this case, the EEOC is seeking injunctive relief that will require Vet Pharm to obtain training on sexual harassment and adopt an effective sexual harassment prevention policy that complies with federal law. The EEOC will also seek back pay as well as compensatory and punitive damages on behalf of the original complainant and a class of Vet Pharm’s female employees who suffered sexual harassment.

According to its website, www.vetpharminc.com, Vet Pharm is a full-service animal health products distributor providing services to veterinarians, with three locations in Iowa, South Dakota and Idaho.

Trial Attorney Jessica Palmer-Denig and EEOC’s legal team in the Minneapolis Area Office will conduct the litigation under the management of the agency’s Chicago District Office. That office is responsible for processing charges of discrimination, administrative enforcement and the conduct of agency litigation in North and South Dakota, Minnesota, Wisconsin, Illinois and Iowa, with Area Offices in Milwaukee and Minneapolis.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its website at www.eeoc.gov

How to Handle Sexual Harassment in the Workplace

By Frank J Smith

Sexual harassment is considered any form of inappropriate actions by another person of the opposing gender, sometimes the same gender. The truth is sexual harassment happens just as much in the workplace if not more than in personal atmospheres. It is an abusive tactic that others use to push others into doing something they do not want to such as quit a job, certain favors, etc.

What Are My Rights?

Well first of all, you have the right to be treated equally and respectfully. A coworker who says or does inappropriate things to you is illegal and violates your rights.

How Do I Know It Is Sexual Harassment?

In many cases the person being sexually harassed doesn’t know it until it is too late. Say for example, a coworker compliments your looks or jokes about your personal life. This can be harmless, but it may not be. The coworker will go out of their way to make you afraid and feel insignificant to keep you from filing a report.

When a coworker says “if you don’t do this you will be fired” or “I’ll make sure you never find a job again, they are harassing you. Many harassers threaten coworkers with losing their job to keep you from reporting. However, it is quite the opposite; if you do report it they will lose their job.

When Does Harassment Occur?

A majority of the time sexual harassment happens when a superior takes advantage of an employee. They have more authority in the company and some people tend to abuse that authority. Modeling and acting industries have had numerous reports of sexual harassment form their managers or directors. However, sexual harassment can occur in any industry.

What Do I Do?

If you are being sexually harassed you need to report it immediately. It is best to keep a written journal of each and every incident no matter how minor it is. If the harassment is coming from the highest authority in the company such as the owner, you can file a report with the Labor Board or the police.

If you have reported harassment and have been retaliated against, you can also report that. Any form of complaint against the coworker or company cannot result in termination or other retaliation techniques. You may want to request that the coworker be suspended during the investigation as to ensure your safety. You will also want to hire a lawyer if your case goes to court or at the very least get a consult on how to handle the situation without putting yourself at risk.

Further Related Legal Information: For help with learning your rights in Boca Raton, Florida please visit The Shavitz Law Group.

Frank J Smith is the web master for [http://www.theinjuryguide.com] He enjoys working in the beautiful sunshine state of Florida.

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How much money can I be entitled to for sexual harassment?  This happened for a period of 5 months and I decided to file a complaint with EEOC. I have been offered mediation and just wanted to know how much money to ask for.

View the answer(s) below…

But compliance and legal liability are not the only reasons a responsible business should provide anti-harassment training to its employees. In 2009, the Equal Employment Opportunity Commission received 12,696 charges filed under Title VII alleging sexual harassment discrimination. Even though about half (47.7%) were closed with “No Reasonable Cause”, the reported cost of those claims was $51.5 Million dollars, NOT including monetary benefits obtained through litigation. In addition, costs resulting from employee morale can not be unheeded. The article, “Sexual Harassment in the Fortune 500,” (Working Woman, Dec. 19, 1988) claims that “ignoring problems of sexual harassment can cost the average company up to $6.7 million a year in low productivity, low morale, and employee turnover and absenteeism.”

Some businesses have worried that implementing training programs would encourage lawsuits, but according to Caren Goldberg of American University’s Kogod School of Business, “If an employer is sued, proof that sexual harassment training was offered may be one of the best defenses.” A study in the journal, Psychology of Women Quarterly, shows that subjects were no less likely to seek legal counsel after receiving sexual harassment training than the control group that did not receive training. Considering the high number of “No Reasonable Cause” claims, training could even possibly reduce weak claims by educating employees to interpret what does NOT constitute a violation and by demonstrating non-litigous ways to address concerns.

Another barrier to providing training is the cost of doing so itself. With the passage of California’s AB 1825 training mandates, there quickly followed an explosion in the training industry. Many sexual harassment prevention courses and price points are available to choose from. Employers can choose from on-site, in-person guest trainers, online webinar courses, and web-based training courses where employees work at their own pace and receive personalized instruction through email and IM.

A business that adopts quality sexual harassment policy and then provides quality training to its employees, can create a positive and productive corporate culture that will impact the bottom line and have employees lining up at the door to apply.

To get more information on web-based sexual harassment training and how it can help your business, visit New Media Learning, the market leaders in employee compliance training.

As a company that provides basic services and commodities to consumers, discriminating against disabled persons might be the last thing you would want to do. Disabled people are also protected by rights that prevent them from being discriminated by any company that offers their services to anyone. Hotels, building and architecture, schools, the police, banks, air planes, theaters and opera houses, movie houses, the church, hospitals, courts of law and public transportation.

If a company is found to be discriminate against a disabled person by offering them sub-standard services or goods or providing services not up to par with what they are advertising, then they can be sued for by the disabled person. If a handicapped person is in need of a wheelchair while traveling, the airplane should be ready to provide one as well as they should be expected to have one ready. If a hotel refuses to service a mute and deaf man because no one understands sign language, that itself is discrimination. The hotel should be service ready to provide and adjust to anyone.

If a company wishes to exclude the disabled people from their roster of clients, they need to provide a good and valid reason why they cannot do so. If they cannot, the company is then required to perform the task and demonstrate that they are not equipped or trained to handle the situation involving the disabled person.

Needless to say, a disabled person being discriminated of service within his own company is much worse than that of the consumer. The disabled person, though an employee, becomes a consumer once he decides to avail of the services provided by the company. If the company refuses to provide the goods or service without a justifiable reason, then it can be considered both a discrimination by disability and discrimination as a consumer.

To find out exactly how employee bullying works, visit this website about what you can do to protect yourself..

You will find that the bully will use various methods to torture their victims, including verbal and nonverbal abuse. The abuse can be both physical and psychological. There are many things you need to know if you are suffering from this, so explore a few of your options.

You can be bullied by both your co-workers and superiors. Whoever is bullying you isn’t important, you do not have to deal with it. Most people, when they have been pushed too far, will consult with the human resource officer employed by their company to help with the situation. Understand that physical threats should not be tolerated, so consider speaking with an employer or the police.

Many people will discover that discussing the issue can help them feel better about it and gain the courage to do something about it. That person might be a family member, or a close friend or mentor. Avoid bottling your emotions up by seeking the advice of an individual you trust.

It is important that you continue to do your job and do it well. The bully is going to want you to fail at everything you do, including your work. Every instance of success in the workplace is a loss for the bully, and a victory for you. Try and retain control of your daily life and don’t allow them to hurt your work ethic and performance.

If all other options have failed to bring you any relief, it might be time to confront the bully head on. If you decide to do this, be sure and remain calm and professional. Never show any weaknesses by crying or getting upset or angry. All of these things can encourage a bully to keep coming back for more. Another point is that you must never be forced into isolation. Keep your workplace friendships intact.

Bullying is a terrible ordeal, one that you don’t have to put up with. You have many options available to deal with the situation, so explore them carefully. Speak with your companies human resource officer or a superior in the workplace that can help you. Even consider a confrontation with the individual, if you can do it professionally. Either way, taking a stand is the first step in ending this nightmare.

Handling workplace bullying can be a delicate situation when you are concerned with holding onto your job. You should report workplace harassment or threatening statements and activities immediately.