Category: Civil Rights Act of 1964

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Recognizing and Addressing Discrimination in the Workplace

Combating workplace discrimination - Helmer Friedman LLP.

Discrimination at work is not just a legal issue; it’s a human one that affects morale, productivity, and the overall health of an organization. From racial slurs to unequal pay, discrimination can manifest in various harmful ways. Understanding how to recognize and address it is crucial for creating a safe and inclusive working environment. This article will guide you through the signs of workplace discrimination, recent real-life examples, and actionable steps for addressing these critical issues.

Signs of Discrimination in the Workplace

Discrimination can be subtle or overt. Signs may include exclusion from meetings or projects, lack of promotion despite qualifications, unfair performance reviews, or derogatory comments about race, gender, age, or disability. Recognizing these signs is the first step toward creating a fair workplace.

Recent Examples of Workplace Discrimination

Race Discrimination

In a troubling case recently reported, a Insurance Auto Auctions, Inc. yard attendant in Fremont, California, was subjected to racial slurs, including the “n-word,” up to 15 times a day. This verbal harassment happened openly in front of the general manager, who failed to act, leaving the Black employee feeling he had no choice but to resign. This example starkly highlights how unchecked discrimination can permeate an organization. (Case No. 4:24-cv-06848)

“Let me be clear: there is no workplace, regardless of locale, where the use of racial slurs is acceptable,” said EEOC San Francisco District Director Nancy Sienko. “Once an employer lets that standard slip, not only are you giving permission for an unprofessional, unproductive and hateful work environment, you are violating the law.”

Disability Discrimination

A company driver at Mail Hauler Trucking, LLC. in South Dakota was dismissed due to his physical impairment despite successfully performing his job duties. His unusual gait—a result of his condition—led to his unjust termination, demonstrating a blatant disregard for the legal protections afforded to individuals with disabilities. (Civil Action No. 1:24-cv-01020-ECS)

“The ADA prohibits employers from terminating employees because of their disability or discriminating against employees because of misperceptions that they cannot perform the job because of a disability,” said Gregory Gochanour, regional attorney of the EEOC’s Chicago office.

Sexual Harassment

At a Long Island car dealership, Garden City Jeep Chrysler Dodge, LLC and VIP Auto Group of Long Island, Inc., female employees endured inappropriate touching and sexual comments from an inventory manager. Despite complaints to management and HR, the harassment continued unchecked, forcing some employees to quit. This case underscores the critical need for effective interventions and accountability at every level of management. (Case No. 2:24-cv-06878)

“Whether a restaurant, car dealership or other business, no employer should ignore sexual harassment, let alone condone or encourage it,” said Kimberly Cruz, regional attorney for the EEOC’s New York District Office.

Pregnancy Discrimination

At Castle Hills Master Association Inc., and parent companies Bright Realty LLC, Bright Industries LLC, and Bright Executive Services LLC, a pregnant employee diagnosed with placenta previa, a high-risk condition, was terminated while hospitalized despite notifying her employer of her need for medical leave. The Castle Hills Master Association and property management companies involved refused to accommodate her, highlighting a distressing gap in understanding pregnancy-related employment rights. (Civil Action No. 4:24-cv-00871)

Pay Discrimination

AccentCare in Pennsylvania was sued for paying female Licensed Practical Nurses less than their male counterparts for equal work despite the women’s superior qualifications. After a female LPN complained, she was fired, showcasing retaliatory practices that exacerbate gender-based pay disparities. (Case No. 3:24-cv-01646-RDM)

“Employers cannot pay female employees less than their male colleagues because of sex,” said Debra Lawrence, the EEOC’s Regional Attorney in Philadelphia. “Retaliating against an employee who raises these concerns and seeks to correct the disparity further exacerbates the legal violation.”

Legal Rights and Responsibilities in Addressing Discrimination

Employees have the right to a workplace free of discrimination. The law provides several avenues to address discrimination, including filing complaints with the Equal Employment Opportunity Commission (EEOC) and hiring. Employers are legally required to investigate allegations and take corrective action when necessary.

Steps to Take if You Witness or Experience Discrimination

  1. Document the Incident:
  • Record dates, times, locations, and details of the discriminatory behavior.
  1. Report the Incident:
  • Use your company’s reporting mechanism or approach your HR department directly.
  1. Seek Support:
  • Contact a trusted colleague, mentor, or employee resource group for guidance and support.
  1. Consider Legal Action:

The Role of HR and Management in Preventing and Addressing Discrimination

HR and management play a pivotal role in fostering an inclusive environment. They must act swiftly on complaints, ensure policies are enforced, and model respectful behavior. Regular training sessions and open dialogues can also help reinforce the company’s commitment to a productive and inclusive workplace.

Employers seeking to ensure compliance with discrimination laws can benefit significantly from consulting experienced employment discrimination lawyers. These legal professionals offer valuable guidance on navigating complex regulations, thereby assisting in the proactive prevention of discriminatory practices in the workplace. By working closely with a lawyer, employers can gain insights into potential vulnerabilities within their current policies and procedures and receive tailored advice to foster a legally compliant and respectful work environment. This proactive approach not only aids in legal compliance but also strengthens the organization’s commitment to equality and fairness.

Creating an Inclusive Workplace Culture

An inclusive culture celebrates diversity and fosters a sense of belonging. Encourage conversations about diversity, recognize cultural differences, and celebrate various backgrounds. Understandably, employers might hesitate to engage in difficult conversations about diversity, inclusion, and compliance, fearing it could open Pandora’s box of unforeseen challenges. However, addressing these topics head-on is crucial for fostering a workplace where all employees feel valued and heard. Avoiding these conversations can perpetuate systemic issues and hinder the organization’s growth and morale. By embracing these discussions, leaders can uncover valuable insights into the employees’ perspectives, identify areas for improvement, and initiate meaningful change. It’s essential to approach these dialogues with an open mind, active listening skills, and a commitment to genuine, positive transformation. While challenging, these conversations ultimately nurture a more cohesive, productive, and respectful workplace culture. Leadership should exemplify these values, ensuring they trickle down throughout the organization.

The Ongoing Effort to Eliminate Discrimination

Eliminating discrimination requires persistent effort and commitment from everyone within an organization. By recognizing the signs, understanding your rights, and taking actionable steps, you can contribute to a healthier, more inclusive workplace. Start today by reviewing your organization’s policies and fostering open discussions about diversity and inclusion. Together, we can create a work environment where everyone is respected and valued.

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The Expensive Consequences of Race and Sex Discrimination in the Workplace

Race discrimination lawyers in Los Angeles, Helmer Friedman LLP.

Discriminatory hiring practices have serious consequences and are unacceptable. It’s not just a social issue but also illegal under the Civil Rights Act. Take, for example, the Four Seasons Licensed Home Health Care Agency in Brooklyn, which was sued for race and national origin discrimination. The lawsuit alleged that the agency favored patients’ racial preferences, leading to the dismissal of Black and Hispanic aides. When no other assignments were available, these aides lost their jobs, and the company had to pay $400,000 in damages.

In another case, SmartTalent LLC, a Washington-based staffing agency, settled a sex discrimination lawsuit by paying $875,000. The agency was found guilty of fulfilling clients’ requests for male-only workers, which violated the Civil Rights Act of 1964.

These cases highlight that businesses cannot ignore discriminatory behaviors as minor issues. It’s crucial for agencies, companies, and employers to communicate clearly to their clients that requesting a worker of a specific gender or national origin is unethical and violates legal guidelines.

The repercussions of discrimination go beyond financial penalties. They include an injunction prohibiting companies from making assignments based on a client’s race—or national origin-based preferences, updates to internal policies, mandatory training for management employees about Title VII, and the implementation of a complaint reporting system.

Employees also play a vital role in combating discrimination. If you encounter any discriminatory policies at your workplace, seek advice from an experienced sex and race discrimination attorney. Remember, prejudice has no place in our society, and seeking professional guidance can help ensure that justice is served.

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Challenging the Status Quo: Standing Up to Gender Identity Discrimination at NAIA

Constitutional rights lawyers of Helmer Friedman LLP.

In a world where we continually push for a more inclusive society, it’s heartening to see brave students and school officials taking a stand against discriminatory policies. One such instance is currently unfolding at the Cal Maritime Academy, where school officials have severed ties with the National Association of Intercollegiate Athletics (NAIA) to protest a policy that effectively bans transgender athletes from competing in women’s sports.

The NAIA’s policy contradicts California state law, which prohibits discrimination based on gender identity, among other characteristics, in any post-secondary institution receiving state funding. Moreover, it conflicts with the California State University system’s interim non-discrimination policy, which defines discrimination as conduct resulting in the denial or limitation of services, benefits, or opportunities based on a person’s actual or perceived protected status.

Echoing the sentiments of many students, interim president Michael Dumont announced the decision to withdraw from the NAIA, a clear and powerful statement to fight against the exclusionary policy. In Dumont’s words, “All students and employees have the right to participate fully in CSU programs, activities, admission, and employment free from discrimination…”

While Cal Maritime is the only institution to publicly leave NAIA over this policy, we shouldn’t overlook that other schools, such as Bethany College in Kansas, have openly opposed it and refused to follow it. Similarly, UC Merced announced its transition to NCAA’s Division II earlier this year, although it didn’t cite the transgender policy as the reason for its departure.

The NCAA, unlike NAIA, remains an inspiration for many aspiring athletes. It reaffirms its commitment to promoting Title IX and fair competition for all student-athletes in all NCAA championships. Inclusivity in sports has been a part of the NCAA’s policy since 2010, demonstrating its proactive approach to tackling gender identity discrimination in athletics.

At Cal Maritime Academy, it isn’t just the officials fighting for a more inclusive environment. In 2021, a group of passionate students protested against a culture of homophobia, transphobia, and racism on campus. Their voices were heard, and President Dumont responded by implementing measures to foster inclusivity, such as gender-inclusive housing and updated policies to protect students’ rights.

Unfortunately, there’s still a considerable amount of work to be done. A 2017 survey by the Human Rights Campaign revealed that fewer than 15% of all transgender boys and transgender girls play sports in the US. Meanwhile, nearly 25 states maintain laws barring transgender women and girls from competing in women’s or girls’ sports.

It’s easy to feel overwhelmed by these statistics, but we must remember that laws are in place to protect our LGBTQIA+ communities from such discrimination. If any member of the LGBTQIA+ community experiences discrimination, they should remember that they are not alone and should reach out to an experienced Gender Identity Discrimination Attorney for help.

We celebrate the bravery of students, school officials, and all those stepping forward to challenge discriminatory policies. As we continue this fight together, let’s not lose sight of our ultimate goal: a world where everyone, regardless of their gender identity, is given equal opportunities.

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9 Years of Hell – Ethnicity Discrimination at UAB

Nationality Discrimination & Harassment is illegal. Helmer Friedman LLP Los Angeles Nationality Discrimination lawyers.

The University of Alabama at Birmingham has been ordered to pay nearly $4 million to Dr. Fariba Moeinpour, an Iranian-born former cancer research scientist, who alleged that she endured nearly a decade of harassment from a co-worker due to her nationality. Dr. Moeinpour, now 62 years old, filed a lawsuit against the university in October 2021, claiming the harassment was a daily occurrence and that the institution consistently ignored her complaints.

Dr. Moeinpour is a naturalized U.S. citizen who began her tenure at the UAB lab in February 2011. Unfortunately, her employment was terminated in February 2020 following a confrontation with her supervisor. The co-worker accused of harassment, identified in court documents as Mary Jo Cagle, allegedly made derogatory comments about Dr. Moeinpour’s name, referring to it as a “weird a** name,” and even told her to “go back to Iran.” In a particularly alarming incident, Cagle is accused of driving her vehicle toward Dr. Moeinpour and her daughter in the UAB parking lot while brandishing a firearm and hurling racial slurs at them.

In a further troubling development, after Dr. Moeinpour reported the harassment, her supervisor, Clinton Grubbs, who is not named in the lawsuit, allegedly dismissed her concerns by stating he was powerless to act against Cagle due to fears for his safety. He reportedly claimed that taking action could lead to severe repercussions, including losing his job or even facing harm. Grubbs allegedly suggested that Cagle was associated with the mafia and recounted a disturbing incident where four men showed up at his home to intimidate him after he threatened to fire Cagle.

The lawsuit details a disturbing account where Dr. Moeinpour sought help from Grubbs regarding the lack of action taken against Cagle. Instead of providing support, Grubbs reportedly called the police, indicating he would damage her reputation. He claimed that the discussions regarding her complaints were merely “his word against hers.” When Dr. Moeinpour insisted that she could prove her case, Grubbs allegedly physically assaulted her, grabbing her by the chin, knocking her down, and injuring her face in the process. He then reportedly fell on top of her and restrained her, leading her to slap him in self-defense.

When a UAB police officer arrived at the scene, Dr. Moeinpour admitted to hitting Grubbs in an attempt to stop his assault. Instead of addressing her claims, the officer escorted her out of the building, and she reportedly fainted when informed she was being arrested. Upon regaining consciousness, Dr. Moeinpour found herself restrained to a gurney in the emergency room, with both her ankles and wrists handcuffed. She was subsequently taken to jail and held overnight, which added to the distress of her situation.

In the police report filed by UAB, Dr. Moeinpour was characterized as an “out of control” aggressor. However, Grubbs surprisingly informed the police that he did not wish to press charges and mentioned that he and Dr. Moeinpour had been in a relationship over the past year, which she firmly denied, asserting they had never been romantically involved. Ultimately, Dr. Moeinpour was terminated from her position on February 13, 2020, for alleged violations of the university’s policy against fighting and absenteeism, despite her claims of being assaulted by Grubbs and without any investigation into her allegations or consideration of evidence.

Throughout the four-year trial, witness testimonies and audio recordings that supported Dr. Moeinpour’s claims were presented to the jury. One key witness, a mall security guard, recounted an incident where Cagle followed Dr. Moeinpour and her daughter around the mall, subjecting them to racial slurs. Dr. Moeinpour’s legal team also provided documentation showing her persistent attempts to report the harassment to human resources over the years.

The federal jury ultimately determined that Cagle acted with “malice and reckless indifference” toward Dr. Moeinpour’s federally protected rights based on her nationality. The jury ruled that the university’s decision to arrest Dr. Moeinpour constituted an “adverse employment action.” On Monday, the jury mandated that UAB pay Dr. Moeinpour $3.8 million, while Cagle was ordered to pay her $500,000 in compensatory damages and an additional $325,000 in punitive damages.

Reflecting on her ordeal, Dr. Moeinpour expressed the emotional toll this experience had taken on her life, stating, “Day and night, I was looking for a job, any job, but nobody would hire me because my name was tarnished. Now, my good name has been restored.” In response to the verdict, UAB spokeswoman Alicia Rohan emphasized that the university “does not tolerate harassment, retaliation, or discrimination of any kind.” However, she also indicated that the university disagrees with the jury’s verdict and is “considering next steps” in the legal process.

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Asphalt Paving Systems Case: Costs of Racial Discrimination in the Workplace

Racial discrimination in the workplace lawyers in Los Angeles, Helmer Friedman LLP.

The Asphalt Paving Systems Case

A Stark Reminder of the Costs of Racial Discrimination in the Workplace

In a society that aspires to achieve equality and justice, the allegations against Asphalt Paving Systems (APS) by the U.S. Equal Employment Opportunity Commission (EEOC) in 2023 serve as a stark reminder of the harsh realities of racial discrimination in certain workplaces. This case involved 12 Black workers who endured a hostile environment at APS, a company based in Zephyrhills, Florida. Their experiences included being denied basic facilities such as access to indoor bathrooms and enduring continuous racial slurs from co-workers and supervisors.

Such incidents underscore the critical importance of laws like Title VII of the Civil Rights Act of 1964, which aims to protect employees from racial discrimination and harassment in the workplace. APS’s violation of this law created a hostile environment for its Black employees, undermining their rights to equal employment opportunities and adversely affecting their emotional and mental well-being.

It shall be an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin.

Title VII explicitly states, “It shall be an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, or national origin.” This vital provision emphasizes that employment should be free from discrimination, ensuring a working environment where everyone can thrive, regardless of their racial or ethnic background. It also sets the expectation for employers to foster a workplace devoid of harassment based on these protected characteristics, reinforcing the necessity of equitable treatment in all aspects of employment.

Beyond the moral and ethical dimensions, businesses that engage in racial discrimination face significant financial and reputational repercussions. In July 2024, APS was ordered to pay a hefty $1.25 million in damages to compensate the victims of its discriminatory practices.

Moreover, cases like these highlight the necessity of robust anti-discrimination policies within organizations. Companies must not only comply with laws like Title VII but also actively cultivate an inclusive culture, implementing practices that protect against racial discrimination and harassment.

While monetary penalties for racial discrimination are substantial—and rightly so—the hidden costs to businesses can be even greater. Companies that persist in such behaviors risk damaging their reputation, potentially deterring high-quality talent from applying, customers from purchasing their products or services, and investors from supporting their business.

As illustrated by the APS case, the costs of racial discrimination extend beyond financial penalties. It undermines employee morale and productivity, and in some instances, it can threaten the commercial viability of the company itself. This serves as a powerful reminder that businesses should strive to create an inclusive work environment free from racial discrimination and harassment—not only because it is the law but because it is sound business practice.

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Protecting Construction Industry Employees and Union Members from Hostile Work Environment

Trade union members discrimination lawyers in Los Angeles, Helmer Friedman LLP.

Every employee, irrespective of their industry, has the right to a dignified and respectful workplace environment. Distinct laws and regulations protect against discrimination and harassment that can foster a hostile work environment. This article will focus on the construction industry and union members, elucidating the laws that arm them against such unacceptable situations.

The Construction Industry and Trade Unions

Discrimination and harassment on a construction site can take various forms. Whether it’s racial or sexual discrimination or harassment, such occurrences can significantly impact a worker’s mental and physical health, productivity, and overall work satisfaction. Recognizing this, the government has established strict laws and rules to protect the rights of all construction workers, including those members of trade unions.

Fostering a Respectful Work Environment

In a recent civil rights case filed by the New Jersey Office of the Attorney General, the New Jersey Division on Civil Rights brought a lawsuit against the Local 11 Ironworkers Union. The complaint accuses Local 11 of fostering a hostile work environment, resulting in unlawful discrimination based on race, sexual orientation, and sex. The union’s leaders and members allegedly perpetuated this toxic environment, failing to take adequate measures to prevent, halt, or rectify the situation.

Additionally, Local 11 is accused of racial discrimination through its employment referral system, which systematically overlooked Black members for job opportunities and assigned them less desirable positions even when selected for jobs. These charges of discrimination and harassment highlight that no organization is exempt from the obligation to maintain a respectful and equitable work environment.

Legal Protections

The Civil Rights Act of 1964 applies to unions and construction employees. Specifically, Title VII of the act prohibits discrimination by trade unions, schools, or employers involved in interstate commerce or doing business with the federal government. This provision ensures equal treatment and protection against discrimination based on race, color, religion, national origin, and sex within union-related contexts.

Your Rights Are Protected

As a construction worker or a union member, you can rest assured that many laws safeguard your rights. You should not tolerate any form of discrimination or harassment at your workplace. Stand firm against such misconduct and know that the law stands with you.

In conclusion, a hostile work environment is detrimental to individual workers and the industry’s productivity and integrity. The government has implemented stringent laws to prevent such occurrences and protect the rights and dignity of all construction industry employees and trade union members.

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Triumph: Standing Against Gender Identity Harassment

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Today, we bring you an encouraging tale from the corporate world, a story of courage, resilience, and justice. This is the saga of a manager at Columbia River Healthcare Inc. who swam against the tide of adversity. This person, preferring gender-neutral pronouns, was subjected to harrowing discrimination and harassment, not only from the staff but also from the management of the organization.

For over six months, even after the manager had courageously disclosed their gender identity and choice of pronouns, the inappropriate and disrespectful behavior continued. It was a blatant disregard for the manager’s personal preferences and a clear violation of Title VII of the Civil Rights Act of 1964, which prohibits any form of discrimination and harassment based on sex, including gender identity.

“Accidental slip-ups may happen, but repeatedly and intentionally misgendering someone is a clear form of sex-based harassment,” said Elizabeth M. Cannon, director of the EEOC’s Seattle Field Office. “Employers have a duty to intervene when employees—including transgender, non-binary, and other gender non-conforming individuals—are treated maliciously in the workplace because of their gender identity. Training can be a powerful tool for informing employees of their rights and proactively preventing harassment.”

This manager, unfortunately, fell victim to a hostile work environment. They were continuously and intentionally addressed with pronouns that conflicted with their gender identity. Attempts to address this issue internally were futile, resulting in no appropriate action from Columbia River Healthcare.

However, this cold shoulder from management did not deter the supervisor from standing up for their rights. They had the courage to fight back against this clear violation of their rights.

It is worth noting that in the landmark case of Bostock v. Clayton County in 2020, the U.S. Supreme Court clarified that Title VII’s protections extend to discrimination and harassment on the basis of gender identity or expression. This means employers cannot discriminate against their employees or potential applicants – by refusing to hire, firing, harassing, or any other means – based on their gender identity.

So, what happened to our brave manager at Columbia River Healthcare? After a prolonged struggle for justice, the manager triumphed. The healthcare company was required to compensate them, revise its non-discrimination policies, provide employee training, and ensure additional training for managers and staff involved in investigating employee complaints of discrimination and harassment.

If you or someone you know is enduring similar discrimination and harassment, be aware that legal avenues exist. Hiring a gender discrimination lawyer can be your best bet to navigate this challenging terrain. With their expertise in discrimination law, they can help you understand your rights and formulate the best legal strategy.

Remember, no one should ever endure humiliation or discrimination because of their identity. Stand up for your rights and keep this manager’s story a guiding light of hope, reminding you that justice can prevail.

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$200,000 to Clean Up a Hostile Work Environment of Sexual Harassment

The law ensures a workplace free from sexual harassment -Helmer Friedman LLP.

The settlement reached with The Cleaning Authority-Fox Valley underscores a pivotal moment in addressing workplace sexual harassment and retaliation

In a compelling tale of courage and justice, employees at The Cleaning Authority-Fox Valley, a cleaning service provider in eastern Wisconsin, stood up against the indignities and violations they faced at work.

“Sexual harassment violates the law, and this case shows despite all the public attention the issue has received, female workers remain vulnerable to harassment in the workplace because of their sex,” said Diane Smason, acting district director of the EEOC’s Chicago District.

The Cleaning Authority’s website boasts, “Professional Cleaning that leaves you stress-free.” However, this claim starkly contrasts with the experiences shared by employees, who describe a workplace riddled with stress and unfair practices. It’s ironic considering both the company’s promises and the reality depicted by its workforce. On one side, the company guarantees clients a spotless home and a worry-free experience, supported by meticulously crafted cleaning plans and eco-friendly products. On the other side, employee narratives highlight issues such as inappropriate touching, sex-based derogatory comments, and retaliation from management. Balancing these perspectives illuminates the complex nature of workplace dynamics within The Cleaning Authority-Fox Valley. Their bravery in confronting adversity and unfair treatment culminated in a significant victory for themselves and other employees facing similar hostile conditions. On September 28, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) filed a lawsuit against The Cleaning Authority-Fox Valley, accusing the company of fostering a hostile work environment and retaliating against female employees who resisted sexual harassment.

“An employer cannot fire employees because they oppose sexual harassment or threaten them to deter them from complaining,” said Gregory Gochanour, regional attorney for the EEOC’s Chicago District. “Prosecuting such violations of Title VII is critical to ensuring the law fulfills its purpose.”

Imagine working a physically demanding job while enduring an employer’s inappropriate behavior and harassment. The job’s physical requirements are exhausting, demanding daily energy and endurance. The emotional burden of unwanted advances and improper conduct from an employer adds a distressing dimension to an already challenging situation. Employees often feel trapped, burdened by fear of retribution and a pervasive sense of helplessness. Against this backdrop, the significance of the employees’ actions at The Cleaning Authority-Fox Valley becomes evident; their resistance to harassment is a personal triumph and a beacon of hope for others in similar circumstances.

The lawsuit revealed instances of inappropriate touching, derogatory comments based on sex, and other harassing behaviors. Some employees felt compelled to quit their jobs, and one was even threatened into early retirement.

In a victory, The Cleaning Authority-Fox Valley agreed to pay $200,000 and provide additional relief to settle the lawsuit, as announced by the EEOC on May 15, 2024. However, the impact of their actions extended further. Under a three-year consent decree, The Cleaning Authority-Fox Valley will review, revise, and implement robust anti-discrimination policies prohibiting sexual harassment and retaliation.

As part of this agreement, all employees will receive in-person training on sexual harassment, with managers and supervisors receiving additional training. Furthermore, an external monitor will be appointed for the first year to receive and review complaints related to harassment and retaliation.

The courage displayed by the employees has led to a substantial settlement and driven systemic changes at The Cleaning Authority-Fox Valley. Their brave actions serve as a powerful reminder of the ongoing fight against illegal sexual harassment, retaliation, and hostile work environments that regrettably persist today.

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Liberty Energy Faces $265,000 Penalty in Race/Color, National Origin Discrimination Case

Race, color, ethnic harassment and discrimination in the oil industry lawyers - Helmer Friedman LLP.

Federal Agency Announces Resolution to Charges of Racial and Ethnic Harassment in the Workplace

Liberty Energy, Inc., operating as Liberty Oilfield Services, LLC, has been ordered to pay $265,000 due to allegations of racial and ethnic discrimination. The lawsuit was led by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of three company mechanics, setting a powerful example of the financial consequences of not adequately addressing harassment complaints.

Regional Attorney Robert Canino said, “Unfortunately, we have often seen cases in which one account of discriminatory treatment against a person based on a particular race or ethnicity leads to evidence that other racial or ethnic minorities have also been caught up in a broader unhealthy environment of demeaning and unlawful conduct. This employer’s commitment to address the bigger-picture issues can be expected to have a broader positive impact beyond the individual who filed the charge.”

The case details suggest a hostile work environment at Liberty Energy’s Odessa, Texas location, involving a Black field mechanic and two Hispanic co-workers who were consistently targeted with racial and ethnic slurs. The employees alleged that their multiple reports of discrimination to supervisors and human resources were ignored, leading to a damaging atmosphere that ultimately forced the Black mechanic to resign.

This case underscores the legal and financial implications businesses face when they fail to meet their obligations under Title VII of the Civil Rights Act of 1964, which strictly prohibits workplace discrimination based on race or national origin. In order to avoid substantial legal fees and monetary damages, it is crucial that complaints regarding discriminatory treatment are promptly and effectively addressed.
In addition to the financial penalty, Liberty Energy must now implement comprehensive measures and policies to prevent future discrimination, including:

  • Training programs on federal laws regarding employment discrimination.
  • A policy that empowers human resources and management personnel to promptly respond to discrimination reports.
  • A dedicated hotline for discrimination and harassment reporting.

EEOC Senior Trial Attorney Joel Clark expressed optimism about the settlement, expressing hope that the stipulated measures will foster a discrimination-free work environment within the company. Regional Attorney Robert Canino echoed the sentiment, highlighting that the employer’s commitment can contribute to a broader positive impact on workplace culture and practices.

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Race Discrimination – Unequal Work Assignments Based On Race

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Delivery company DHL is to pay $8.7 million in compensation and will be monitored by a court-appointed overseer to settle a class race discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The federal agency filed a suit claiming that DHL had segregated its Black and white employees, discriminated against Black employees based on race in the terms and conditions of their employment, and given them unequal and heavier work assignments. Black employees were also assigned to routes in neighbourhoods with higher crime rates, which put them at risk of witnessing or becoming victims of crime.

However, segregating employees and giving them unequal work assignments based on their race is just as unlawful. Such practices should not occur in any workplace. We are confident that the measures put in place by the consent decree will ensure that DHL’s employees are treated equally going forward.

The EEOC charged that DHL’s actions violate Title VII of the Civil Rights Act of 1964, which prohibits racial segregation and discrimination in employment. Under the consent decree, DHL will compensate 83 Black employees who were subjected to the alleged discriminatory conduct and chose to participate in the lawsuit, with $8.7 million in total. The decree also requires DHL to train its workforce on federal laws prohibiting race discrimination and provide periodic reports to the court-appointed overseer and the EEOC on work assignments and complaints of race discrimination. DHL will be monitored for four years by former EEOC Commissioner Leslie Silverman to ensure compliance with the decree.

According to Gregory Gochanour, Regional Attorney for the EEOC’s Chicago District Office, DHL’s segregating employees and giving them unequal work assignments based on their race is just as unlawful as paying them less or denying promotions. The measures put in place by the consent decree will ensure that DHL’s employees are treated equally going forward. Karla Gilbride, General Counsel of the EEOC, stated that if an employer orders Black workers to continue working in areas perceived as dangerous while accommodating the requests of white workers, it sends a message that the lives and safety concerns of Black workers are valued less than those of their white colleagues, which is plainly unlawful.

EEOC Chair Charlotte A. Burrows emphasised that the Civil Rights Act of 1964 outlawed racially segregated workplaces sixty years ago, and the EEOC remains committed to enforcing it vigorously so that race-based job segregation becomes a thing of the past. It’s time for employers to realise that discriminating based on race has no place in any workplace.