Month: December 2023

Posted on

RELIGIOUS DISCRIMINATION AND RETALIATION LAWSUIT – TRIPLE CANOPY, INC. TO PAY $110,759

Religious discrimination, retaliation for refusing accommodation for employees beard.

Government Contractor Settles Federal Lawsuit Alleging It Failed to Provide Religious Accommodations and Retaliated Against Employee

Summary:

  • Triple Canopy, a Virginia-based company providing protective services to federal agencies, will pay a former employee $110,759 and provide other relief to settle a religious discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
  • Triple Canopy denied a religious accommodation to an employee who held a Christian belief that men must wear beards because the employee was unable to provide additional substantiation of his beliefs or a supporting statement from a certified or documented religious leader.
  • The EEOC filed a lawsuit in U.S. District Court for the District of Columbia after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.
  • Under a three-year consent decree resolving the lawsuit, in addition to monetary relief for the affected employee, Triple Canopy will institute and disseminate a new religious accommodation policy; provide training on religious discrimination and retaliation; and report to the EEOC quarterly on any complaints of religious discrimination and retaliation.

Triple Canopy, Inc., a company based in Reston, Virginia that provides protective services to federal agencies, has settled a religious discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) by agreeing to pay a former employee $110,759 and provide other relief, as announced by the agency.

“Title VII broadly defines religion; it applies not only to mainstream religious beliefs that are part of a formal religious group, but also to all aspects of an individual’s religious observance, practice, and belief. When religion conflicts with a work requirement, employers must provide an accommodation unless doing so would cause an undue hardship.”

The EEOC’s lawsuit claims that Triple Canopy refused to provide a religious accommodation to an employee who believed that men must wear beards due to their Christian faith because the employee was unable to provide additional evidence of his beliefs or a statement from a certified or documented religious leader. The lawsuit also stated that Triple Canopy retaliated against the employee by subjecting him to intolerable working conditions that resulted in his constructive discharge.

The alleged behavior is in violation of Title VII of the Civil Rights Act of 1964, which mandates that employers accommodate sincerely held religious beliefs unless doing so would result in undue hardship and prohibits retaliation against anyone who complains about discrimination. The EEOC filed the lawsuit (EEOC v. Triple Canopy, Inc., Civil Action No.1:23-cv-1500) in the U.S. District Court for the District of Columbia after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

“This lawsuit raised serious issues of discrimination and retaliation. We are pleased that Triple Canopy was willing to agree to an early resolution that will compensate the affected former employee and also improve its handling of religious accommodation requests going forward.”

Under a three-year consent decree resolving the lawsuit, in addition to monetary relief for the affected employee, Triple Canopy will create and disseminate a new religious accommodation policy, provide training on religious discrimination and retaliation, and report quarterly to the EEOC on any claims of religious discrimination and retaliation.

Debra M. Lawrence, the EEOC’s Philadelphia Regional Attorney, stated, “This lawsuit raised serious issues of discrimination and retaliation. We are pleased that Triple Canopy was willing to agree to an early resolution that will compensate the affected former employee and also improve its handling of religious accommodation requests going forward.”

Mindy E. Weinstein, director of the EEOC’s Washington Field Office, stated, “Title VII broadly defines religion; it applies not only to mainstream religious beliefs that are part of a formal religious group, but also to all aspects of an individual’s religious observance, practice, and belief. When religion conflicts with a work requirement, employers must provide an accommodation unless doing so would cause an undue hardship.”

Posted on

Age Discrimination by Medical Group Imposing Mandatory Retirement Age

Age Discrimination lawyers in Los Angeles safeguard your rights to a workplace free from age discrimination.

Scripps Clinical Medical Group recently settled an age and disability discrimination charge filed with the U.S. Equal Employment Opportunity Commission (EEOC). The federal agency investigated the allegations and found that the company violated the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA) by imposing a mandatory retirement age on physicians, regardless of their abilities to perform their jobs.

To settle the case, Scripps Clinical Medical Group entered into a four-year conciliation agreement with the EEOC. The company will pay $6,875,000 to a class of individuals impacted by the mandatory retirement policy. Additionally, the company has rescinded the policy, and the Board of Directors will reaffirm this action.

Scripps Clinical Medical Group will inform employees that the company does not have any policy in which age is a factor in making employment decisions. The company will also review, revise, and distribute its policies and procedures against discrimination based on age and disability. Moreover, it will require division heads, department heads, executive leadership, and members of human resources to attend training on the ADEA and ADA. The EEOC will monitor compliance with this agreement.

The EEOC Chair Charlotte A. Burrows emphasized the importance of protecting older workers and identified discrimination against them as one of the Commission’s priorities in its new Strategic Enforcement Plan. Anna Y. Park, the regional attorney for the EEOC’s Los Angeles District Office, commended Scripps Clinical Medical Group for addressing the concerns in this charge and for rescinding its discriminatory policy.

Jacquelyn Famber, director of the EEOC’s San Diego Office, noted that mandatory retirement age based on assumptions and stereotypes is against the law, and the EEOC will continue to pursue such discriminatory policies. Older workers are valuable members of our workforce, and their age should not be used to make employment-based decisions.

Posted on

Over $3 Million Award in Racial Discrimination, Harassment & Retaliation Lawsuit

Sexual harassment, race discrimination and retaliation lawyers of Helmer Friedman LLP.

A Georgia woman has won more than a $3 million judgment in a racial discrimination, sexual and race harassment, and retaliation lawsuit Marshall v. Tidal Wave Response, LLC and its owner, John Myers.

According to Channel 2 Action News and the law firm Buckley Bala Wilson Mew LLP, Tiphony Marshall won the largest single-plaintiff verdict in the Northern District of Georgia’s history.

“The case involved evidence of virulent racial and sexual harassment of Ms. Marshall,” said the law firm in a press release. “Culminating in a violent incident that caused her to flee from the workplace.”

Marshall was an office manager for the water damage restoration company in the Atlanta suburb of Chamblee, Georgia, and claimed she was subjected to “abusive and misogynistic” treatment by her employer, including being forced to change his baby’s diapers, enduring comments about his penis and racial intimidation.

Marshall began working for the company in February of 2018 but resigned on Aug. 6, 2021, after being subjected to Myers’ harassment on “a near-daily basis,” which ended after a confrontation where he threw hot coffee at Marshall.

Myers forced her to watch his infant and change the child’s diapers, calling it a “task suited for a woman.” He also forced her to do the job of a terminated project manager, commented on his penis size, and mocked his interpretation of Black vernacular.

Myers forced her to watch his infant and change the child’s diapers, calling it a “task suited for a woman.”

“The case involved evidence of virulent racial and sexual harassment of Ms. Marshall,” said the law firm in a press release. “Culminating in a violent incident that caused her to flee from the workplace.”

Other reported harassment included Myers repeatedly questioning Marshall about her sex life and implying she was sleeping with a co-worker. Myers also asked Marshall if she thought a potential employee was “hot” and asked about her breast size. The complaint noted Myers’ making “sexually charged noises” and saying he was “sexually aroused” as well.

The court heard that Myers would also suggest that Marshall “get with” the men he interviewed, and he would often comment on her physical appearance and whether she was wearing form-fitting clothing.

The Tidal Wave owner also falsely told a room full of employees that Marshall had been raped and tried to pay her commissions with $100 bills that he’d rubbed on his crotch area. Myers also made comments about the size of his penis and would yell for Marshall from the bathroom to “come and help [ ] hold it” while he urinated.

The lawsuit also alleges Myers told Marshall and a group of Black and Hispanic employees that he was “better than” them. He also said they would never “get anything better” than their current jobs with Tidal.

The lawsuit also contends that he mocked his idea of Black vernacular, once saying to Marshall, “Do I call you Black? Do I call you African American? Do I say ‘yo, what’s up?’” Myers also “would skirt around the use of derogatory racial slurs” but stopped just before using the slurs. He also allegedly punched holes in his office walls and threatened violence against employees.

The lawsuit states that Marshall confronted her boss about the extra duties on Aug. 4, two days before she left her position with the company. The complaint says that Myers “became irate, shouted profanities, and threw a cup of hot coffee near her,” causing Marshall to “fear for her safety” and flee the office.

The jury deliberated for four hours before awarding Marshall back pay of $50,113.82. She was also awarded compensatory and punitive damages for race discrimination, racial harassment, sex discrimination, sexual harassment, and retaliation, with the total awarded being $3,470,393.82.

After the verdict, Marshall’s attorney Ed Buckley said Myers and his lawyers fled the courtroom before the proceedings had ended.

“This is the first time I’ve had the defendant and their lawyers flee the courtroom during a trial,” Buckley said in a statement. “The admissions and evidence were presumably so overwhelming that they did not want to face the jury.”

Read more by Niko Mann.

Posted on

Racial Discrimination, Hostile Work Environment – SFSD Clerks Awarded Over $1 Million in Lawsuit

Trust the attorneys of Helmer Friedman LLP to aggressively protect employee rights to a workplace free from discrimination, harassment and retaliation.

Two Black employees of the San Francisco Sheriff’s Department have sued the city, alleging racial discrimination, harassment, and retaliation while on the job. Danielle Dillard and Kim Lee work as clerks processing warrants for criminal suspects. They claim that they have been subjected to a workplace culture of discrimination, harassment, and retaliation.

It Broke Me Down

The conditions at work worsened for Dillard and Lee after they complained about alleged discriminatory acts by co-workers and superiors that had been happening for several years. Among several other claims, Dillard says a supervisor referred to her as a “monkey” in 2016 after she introduced herself as a clerk and shop steward with the Service Employees International Union (SEIU) 1021 union.

Ms. Dillard would spend her lunch and rest times crying due to the hostile atmosphere she found herself in, not being able to speak at all to colleagues.

Dillard claims she received racial discrimination complaints from other Sheriff’s Department employees as a union shop steward and brought them to Captain James Quanico, who oversees Dillard’s unit. A month later, Dillard claims she was served with a cease-and-desist order stating she could not communicate with employees in her division. Lee’s discrimination allegations also began in 2016.

On November 15, 2023, a jury awarded Danielle Dillard $523,400 and Kim Lee $616,000 for their racial discrimination lawsuit against the San Francisco Sheriff’s Department. The San Francisco Sheriff’s Department and the City Attorney’s Office released a joint statement claiming they oppose harassment and discriminatory behavior.

“As one of the most diverse sheriff’s departments in the nation that values equity and inclusion, any form of harassment or discriminatory behavior is antithetical to our values. We are surprised and disappointed by the outcome of this case and will be working with the City Attorney’s Office to evaluate any next steps.”

Posted on

Anxiety Disability Discrimination Lawsuit Citizens Bank

Federal laws protect employees from discrimination, employer retaliation.

Anxiety Disability Discrimination Lawsuit against Citizens Bank Settles for $100,000

Citizens Bank has been accused of violating the Americans with Disabilities Act (ADA) by refusing to accommodate a call center employee who developed an anxiety disorder. The employee requested reassignment to a position that did not require him to field calls with aggravated customers over the phone. Despite having hundreds of nearby job openings, Citizens Bank refused to reassign the employee or discuss alternative accommodations until he returned to his job at the call center, the same position his disability prevented him from performing. As a result, the employee was forced to resign.

“We’ve seen a huge uptick in the number of potential or prospective clients calling us since the pandemic began with regard to either mental health issues in general or anxiety and PTSD.” Andrew H. Friedman – in an Law360 article entitled, No Letup in Sight as Anxiety-Related EEOC Charges Mount.

The EEOC filed a lawsuit (EEOC v. Citizens Bank, N.A., Civil Action No. 1:19-cv-00362) in the U.S. District Court for the District of Rhode Island after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC alleges that Citizens Bank violated the ADA, which prohibits discrimination against employees with disabilities and requires employers to provide reasonable accommodations, including reassignment.

According to the EEOC, 2600 workers lodged anxiety-related disability discrimination charges in 2021. Citizens Bank has agreed to a 30-month consent decree that includes monetary relief and other measures to support employees with disabilities. The bank will offer noncompetitive reassignment as a reasonable accommodation for employees with disabilities. The bank will also revise its reasonable accommodation policy, train its employees on noncompetitive reassignment as a reasonable accommodation, provide specialized training to its human resources department, and appoint an internal monitor to ensure compliance with the decree.

The EEOC is committed to enforcing the ADA and ensuring that qualified employees with disabilities can return to work. Citizens Bank will implement company-wide policy changes and pay $100,000 to a former Cranston, Rhode Island, call center employee to resolve the disability discrimination lawsuit.

More information about disability discrimination is available at https://www.eeoc.gov/eeoc-disability-related-resources.

Posted on

Papa John’s Pizza Disability Discrimination Lawsuit Settled for $175,000

Disability discrimination laws protect blind employees accommodations for service dogs. Helmer Friedman LLP vigorously protects the rights of all employees.

Federal Agency Charges Pizza Chain Failed to Accommodate and Fired Blind Employee Because of Disability Settled

“Congress passed Title I of the Americans with Disabilities Act to remove the barriers to employment faced by workers with disabilities, and for Mr. Barnes, his service dog does just that,” said Darrell Graham, district director of the Atlanta office. “The EEOC will continue its fight to ensure that all employees, regardless of disability status, have an equal opportunity to earn the privileges and benefits of employment.”

Papa John’s Pizza, an international chain of pizza restaurants based in Louisville, Kentucky, has settled a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) by agreeing to pay $175,000 and provide other relief. The lawsuit was filed after the company failed to accommodate and fired a blind employee because of his disability.

In early 2020, Michael Barnes, who is legally blind and relies on his service dog for his commute, applied for a job at his local Papa John’s restaurant in Athens, Georgia, after hearing from a friend that the company hired individuals with vision impairments. Barnes was hired but could not start until his accommodation request to bring his service dog was formally granted by Papa John’s. However, the company denied Barnes’s accommodation request and fired him before he worked a single shift.

Such conduct violates the Americans with Disabilities Act (ADA). “The ADA prohibits employers from terminating employees because of a disability and denying them equal employment opportunities,” said Marcus G. Keegan, regional attorney for the EEOC’s Atlanta District Office.

“Not allowing blind and visually impaired people to travel to and from work in the way that affords them confidence and independence is akin to telling sighted workers who rely on the flexibility and independence of driving that they may not travel to work by car,” said Karla Gilbride, the EEOC’s general counsel. “We are glad that Papa John’s has agreed to provide training to its employees and hope that in the future, no other job applicant who uses a service dog will experience the discrimination that Mr. Barnes faced.”

Under the two-year consent decree resolving the lawsuit, Papa John’s will pay $175,000 in monetary damages to Barnes, train its employees on the ADA, review its employment policies, and allow the EEOC to monitor complaints of discrimination or retaliation.

“The EEOC will continue its fight to ensure that all employees, regardless of disability status, have an equal opportunity to earn the privileges and benefits of employment,” said Darrell Graham, district director of the Atlanta office.

“We are glad that Papa John’s has agreed to provide training to its employees and hope that in the future, no other job applicant who uses a service dog will experience the discrimination that Mr. Barnes faced,” said Karla Gilbride, the EEOC’s general counsel.

“The Commission is steadfast in its commitment to making sure all employees have an equal opportunity to earn and enjoy the privileges and benefits of employment, regardless of their disability status,” added Darrell Graham, district director of the EEOC’s Atlanta office.

For more information on disability discrimination, please visit https://www.eeoc.gov/disability-discrimination.