Employment Law Information

Archive for the ‘Harassment’ Category

PRESS RELEASE
4-8-10

Professional Building Systems Of North Carolina To Pay $118,000 To Settle Race Harassment Case

Custom Homes Manufacturer Subjected African American Employees to Racial Harassment, EEOC Charged

CHARLOTTE, N.C. – Professional Building Systems of North Carolina, LLC, of Mt. Gilead, N.C., will pay $118,000to six African American employees who filed charges of racial harassment with the U.S. Equal Employment Opportunity Commission (EEOC), and six more African Americans who were also subjected to racial harassment, the agency announced today. Additionally, the company agreed to significant non-monetary relief to settle the lawsuit brought by the EEOC.

The EEOC brought the lawsuit against Professional Building Systems after it had identified at least 12 black employees who had been subjected to racial harassment there. According to the EEOC’s complaint, at various times between mid-2005 and 2008, black employees were subjected to racial harassment that involved the creation and display of nooses; references to black employees as “boy” and by the “N-word”; and racially offensive pictures such as a picture that depicted the Ku Klux Klan looking down a well at a black man. In its complaint, the EEOC alleged that the managers of Professional Building Systems not only knew about the harassment and took no action to stop or prevent it, but also that a manager was one of the perpetrators of the harassment.

Racial harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (EEOC v. Professional Building Systems of North Carolina, LLC, Civil Action No. 1:09-cv-00617), after attempting to reach a voluntary settle­ment with Professional Building Systems. Thereafter, six of the harassment victims intervened in the EEOC’s lawsuit via private counsel.

“Make no mistake: Almost fifty years after the passage of landmark civil rights laws, nooses and racial epithets like the “N-word” are still being used to ridicule and intimidate in the work­place,” said Acting EEOC Chairman Stuart J. Ishimaru. “The EEOC will forcefully fight this reprehensible and racist conduct wherever we find it, and we’ll insist on securing substantial relief for victims, as we did in this case.”

In addition to monetary damages, the consent decree resolving the case provides for injunctive relief to prevent Professional Building Systems from maintaining a racially hostile work environment or engaging in retaliation under Title VII. The decree also requires the company to post its policy against racial harassment; distribute the policy to employees; provide annual, company-wide training on racial harassment; eliminate all existing nooses or racial epithets, if any, from its facility; and report future verbal or written complaints of racial harassment.

“Nooses are symbols of hate, prejudice, and discrimination, which should not and will not be tolerated in the workplace,” said Lynette A. Barnes, regional attorney of the EEOC’s Charlotte District. “It is especially inexcusable when managers perpetrate racial harassment against their sub­ordinates or know about racial harassment and fail to address it. EEOC will continue its efforts to eliminate racial harassment in the workplace on behalf of harassment victims.”

Tina Burnside, supervisory trial attorney in the EEOC’s Charlotte District, added, “The EEOC is pleased that the consent decree includes injunctive measures designed to ensure that black employ­ees are no longer subjected to racial harassment and can work in an environment free of nooses and racial graffiti.”

The EEOC is responsible for enforcing federal laws against employment discrimination. Further information about the EEOC is available on the agency’s website at www.eeoc.gov.

PRESS RELEASE
4-8-10

General Manager Subjected Teenage Carhop to Sexual Touching, Federal Agency Charged

DALLAS, Texas – A Sonic Drive-In in Grapevine, Texas, has agreed to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), for $31,000, the agency announced today. The EEOC’s suit charged that SDI of Grapevine [2240 Hall Johnson Road], A Texas Partnership, subjected 17-year-old carhop Erin Schwarzbach to a sexually hostile work environment created by the general manager of the restaurant.

According to the EEOC, General Manager Shawn Sadler, who was in his mid-20s at that time, subjected Schwarzbach, an academic standout at Colleyille Heritage High School, to unwanted sexual conduct. The harassment by the manager included puckering his lips as if to give Schwarzbach a kiss and telling her how a woman should perform oral sex on a man. When Schwarzbach would ask Sadler to review her receipts so she could leave, he told her that he would do so in exchange for oral sex. Schwarzbach provided the EEOC with information that when she would bend down to put on her roller skates at the beginning a shift, the manager would grab her head and push it down in an attempt to simulate oral sex.

After Schwarzbach’s mother reported the conduct to company officials, the EEOC said, defendant failed to conduct a proper investigation and did not appropriately discipline the manager, even though the company found that he had engaged in “harassing behavior.”

Sexual harassment violates Title VII of the Civil Rights Act of 1964. In October 2006, Ms. Schwarzbach filed a discrimination charge with the EEOC, initiating an investigation by the agency’s Dallas District Office. The EEOC filed suit (Civil Action No. 3:08-CV-1606-L) in U.S. District Court for the Northern District of Texas, Dallas Division, after first attempting to reach a pre-litigation settlement.

Under the settlement, besides the monetary award, SDI of Grapevine is enjoined from further discrimination on the basis of gender, including sexual harassment, and from retaliating in any way against person for reporting or complaining about discriminatory practices. Further, the company will take corrective measures for the next five years, including anti-harassment training and notice posting. The company will also place in the manager’s personnel file a written notice stating that a young worker has alleged sexual harassment, including forced physical touching, and that any further complaints will be fully investigated according to defendant’s procedures and, should there be evidence to support such claims, he shall be subject to immediate termination.

Schwarzbach, now a junior at the University of Texas, said, “Although the process to get where we are today was long and trying at times, the opportunity to stand up for myself — and for other girls who have been or may be in the same situation — made it worth my commitment to initiate change. And I hope I have set an example for other young women in the working world.”

“Young workers are often vulnerable in part because of they are taught or accustomed to respect and obey persons in position of authority,” said Robert A. Canino, regional attorney of the EEOC’s Dallas District Office. “The other part of the equation is that high school-aged workers are typically unfamiliar with the laws that protect them. In this case, the young lady did the right thing by discussing her concerns and discomfort with her mother.”

Devika Seth, senior trial attorney with the EEOC’s Dallas office, said, “To have a high-level manager subject a teenage employee to such mistreatment has the potential to establish the acceptance of such behavior in the workplace. We hope this settlement shows that there will be accountability when such an abuse of power occurs. We are proud that Ms. Schwarzbach came forward and asserted her right to work in a harassment-free environment.”

During Fiscal Year 2009, the EEOC and state and local fair employment practice agencies (FEPAs) received a combined total of 12,696 sexual harassment charge filings nationwide.

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

PRESS RELEASE
4-12-10

Monocle Restaurant Sued by EEOC for National Origin and Religion Harassment

Moroccan/Palestinian Muslims Subjected to Offensive Comments, Federal Agency Charged

WASHINGTON, D.C. – A Washington, DC-based steak and seafood restaurant violated federal law by subjecting two employees to a hostile work environment based on their religion and national origin, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. According to the EEOC’s complaint, Faissal Chtaiti, who is Moroccan and Hilal Suboh, who is Palestinian, were subjected to harassment based on their religion and national origin by Deauville, Inc. d/b/a Monocle Restaurant (“Monocle Restaurant”). Both men are Muslim.

Chtaiti and Suboh were both employed as waiters at the Monocle Restaurant located at 107 D Street, NE, Washington, DC. The EEOC charged that from around December 2004 through at least December 2007, Chtaiti and Suboh were harassed by the restaurant’s General Manager. According to the EEOC, the harassment included derogatory comments such as referring to the men as “Arab dog,” “stupid Muslim” and “crazy Muslim.” The General Manager also made comments like “go back to the Sahara because it’s better for you Arabs with the camels,” and “Palestinians should learn how to handle the [expletive] Jews,” according to the EEOC’s complaint.

National origin and religion harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Equal Employment Opportunity Commission v. Deauville, Inc. d/b/a Monocle Restaurant, Civ. No. 1:10-cv-00586, in the U.S. District Court for the District of Columbia), after first attempting to reach a voluntary settlement.

The EEOC seeks monetary damages for both Chtaiti and Suboh. The suit also seeks an injunction to prevent Monocle Restaurant from engaging in any employment practice that discriminates on the basis of national origin or religion.

“Employers must remember that harassment based on national origin and religion, like race harassment, is against the law,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office which oversees litigation filed by the agency in Washington, D.C. “Companies should have in place a policy that prohibits national origin and religion harassment, as well as a procedure for victims and witnesses to report it and for the employer to promptly respond to and rectify it.”

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.