High Tech, Low Inclusion: The EEOC Report on Diversity in the Tech Sector

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The high-tech sector, known for spearheading advancements in science and technology, seems to be lagging when it comes to inclusion and diversity. A report recently published by the U.S. Equal Employment Opportunity Commission (EEOC) titled “High Tech, Low Inclusion: Diversity in the High Tech Workforce and Sector from 2014 – 2022” dissects the current state of diversity in this sector, offering a sobering insight into the extent of the problem.

Behind the Figures

The EEOC’s findings show a disturbing trend of underrepresentation for certain demographic groups in the high-tech sector. Women and Black workers, in particular, are being left behind. The figures reveal that despite being nearly half of the U.S. workforce, women make up only 22.6% of the high-tech workforce in all industries and a meager 4% in the high-tech sector. The representation of Black and Hispanic workers in the high-tech workforce has seen negligible progress over the years.

The Issue of Age Discrimination

The report also highlights age as a factor in employment discrimination within the high-tech sector. Interestingly, the high-tech workforce skews younger than the total U.S. workforce. In the high-tech world, over 40% of the workforce belongs to the 25-39 age group, compared to 33.1% in the overall workforce. Workers over 40 have seen their representation in the high-tech sector decrease from 55.9% to 52.1% from 2014 to 2022.

Moreover, the EEOC report notes that discrimination charges filed by tech professionals were more likely to involve issues of age, pay, and genetic information than those filed in other sectors.

The Call for Change

EEOC Chair, Charlotte A. Burrows, asserts that “America’s high tech sector, which leads the world in crafting technologies of the future, should not have a workforce that looks like the past.” The Commission is committed to identifying and resolving instances of discrimination that contribute to these disparities.

The EEOC report concludes with a call for employers in the high-tech sector to actively investigate and overcome barriers to employment. Proactive policies geared towards boosting inclusion are needed to ensure that everyone gets a fair shot at high-tech opportunities.

Were You Denied a Job In High Tech?

If you applied for a job in the high-tech sector and believe that you were discriminated against due to your age, race, gender, or ethnicity, it’s advisable to consult with an experienced employment attorney.

Discrimination is not just ethically wrong, it’s illegal. Your rights are protected under the Civil Rights Act of 1964 and other federal laws – laws that are in place to ensure everyone has equal opportunities in the job market. Don’t hesitate to stand up for your rights and seek legal counsel if you’ve been unfairly denied a job in the high-tech sector.

$2,125,000 Paid by Staffing Agencies in Discrimination Lawsuits

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The Cost of Discrimination: Analyzing Recent Legal Settlements in Staffing Agencies

Two recent high-profile settlements have spotlighted workplace discrimination, reminding staffing agencies of their legal obligations and encouraging employees to take a stand against unlawful behaviors.

Robert Canino, regional attorney for the EEOC Dallas District Office said, “Unfortunately, when a group of job seekers with certain disabilities is relegated to ‘For Future Consideration’ status, opportunities can be lost indefinitely. We are encouraged to see NTI’s earnest interest in committing to a more proactive effort, including working closely with other organizations that specialize in increasing opportunities for persons who simply need accommodations already known to be effective for blindness and low vision.”

In the first case, the National Telecommuting Institute (NTI), a Massachusetts staffing support company, has agreed to a $1.25 million settlement in a lawsuit alleging disability discrimination. NTI was accused of failing to accommodate and hire blind and low-vision job applicants, specifically those who used assistive technology such as screen readers. The ADA prohibits employment decisions based on an individual’s disability or need for reasonable accommodation.

In the suit, it was charged that NTI did not pursue placement or referrals for these individuals and also denied disability-related accommodations during pre-employment application processes. As part of the settlement agreement, NTI is committed to providing internal training on ADA rights, revising its policies regarding reasonable accommodations, and appointing an internal ADA coordinator and external monitor.

“The customer is not always right and, as EEOC’s guidance for employment agencies makes clear, staffing agencies violate the law when they comply with a client’s sex-based preference, or a preference based on any other prohibited characteristic,” said Nancy Sienko, director of the EEOC’s San Francisco District, which includes Washington. “Hiring and referrals should be based on a worker’s merits, not stereotypes.”

The second recent settlement involves SmartTalent LLC, a Washington-based staffing agency. The company will pay $875,000 to settle a sex discrimination lawsuit. The allegations involved SmartTalent complying with clients’ requests for male workers. This has resulted in a pattern of discrimination against women in hiring and job assignments since 2015, which infringes Title VII of the Civil Rights Act of 1964. SmartTalent will draft and implement anti-discrimination policies as part of the settlement, train staff on Title VII requirements, and actively monitor compliance.

These cases underscore the importance of equal employment opportunity rights and shed light on the severe implications of violating these rights. If you believe you have been discriminated against due to your gender or disability, it’s essential to consult an experienced employment lawyer to understand and protect your rights. Discrimination has no place in the employment sector, and together, we can strive for fairer, more inclusive workplaces.

Persistent Workplace Discrimination and Retaliation

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Discrimination in the Workplace Persists

Discrimination in the workplace is an ugly truth that still prevails despite the numerous laws and regulations designed to combat it. Companies that engage in discriminatory practices harm not only the affected employees but also the overall workplace environment. What’s worse, many of these organizations resort to retaliation against those brave enough to speak out or investigate discrimination. This article aims to shed light on these issues, providing valuable insights and actionable steps for workplace equality advocates and HR professionals.

Understanding Workplace Discrimination

Workplace discrimination manifests in various forms, each with unique challenges and consequences. Understanding these types is crucial for addressing them effectively.

Gender Discrimination

Gender discrimination remains a significant issue in many workplaces. It includes unfair treatment based on one’s gender, which can lead to disparities in pay, promotions, and job opportunities. Statistics show that women, especially women of color, are more likely to experience workplace discrimination. For instance, according to a Pew Research Center study, 42% of working women in the U.S. have faced gender discrimination at work.

Racial Discrimination

Racial discrimination involves treating employees differently because of their race or ethnicity. This type of discrimination can severely impact an individual’s career progression and mental well-being. For example, a survey conducted by Glassdoor found that 61% of Black employees report experiencing or witnessing racial discrimination in the workplace.

Age Discrimination

Age discrimination typically affects older employees, who may be unfairly overlooked for promotions or forced into early retirement. The U.S. Equal Employment Opportunity Commission (EEOC) reported that in 2019, 21.4% of all discrimination charges filed were related to age.

The Reality of Retaliation

When employees report discrimination, they often face retaliation instead of support. This can take various forms, from demotion and job termination to subtle acts of intimidation, making it difficult for individuals to come forward.

Case Study 1: Pro Pallet

Pro Pallet, a Pennsylvania-based construction company, has been ordered to pay $50,000 to settle a lawsuit concerning discrimination and retaliation. The case arose when a human resources manager at Pro Pallet received a sexual harassment complaint against the company’s general manager. As she began investigating the matter, the president and owner of Pro Pallet reprimanded her for fulfilling her responsibilities, reallocated key job duties to other employees, and excluded her from company meetings.

Case Study 2: Hatzel & Buehler

In another case, Hatzel & Buehler, an electrical contractor, was mandated to pay $500,000 to settle an age discrimination lawsuit. The vice president of the New Jersey branch engaged in discriminatory recruiting and hiring practices by instructing recruiting firms to focus on younger candidates for project manager and estimator positions while outright refusing to hire older applicants who did not fit his preferred age range. The lawsuit also claimed that this vice president neglected to maintain records related to job applicants and hiring, violating federal law.

Case Study 3: Altman Specialty Plants

Altman Specialty Plants has been ordered to pay $172,000 to settle allegations of sexual harassment and retaliation. An investigation found that a supervisor at the company’s Austin, Texas, location subjected female employees to sexual harassment and maintained a sexually hostile work environment for an extended period.

Moreover, employees who reported the harassment faced retaliation, which created a chilling effect and rendered Altman’s Equal Employment Opportunity (EEO) policies and complaint procedures ineffective. Such conduct allegedly violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, including sexual harassment, as well as retaliation for participating in protected activities.

The Impact on Employees

Discrimination and retaliation have far-reaching consequences for employees.

Emotional Toll

The emotional toll of discrimination can be devastating. Victims often experience anxiety, depression, and a sense of isolation. This emotional strain can affect every aspect of their lives, from personal relationships to overall mental health.

Financial Impact

Financial instability is another significant consequence. Victims of discrimination and retaliation may lose their jobs, face demotions, or be forced to take lower-paying positions. This financial strain can lead to long-term economic challenges.

Professional Damage

Professionally, discrimination and retaliation can derail careers. Skilled employees may find their career progression halted, and the stain of being “a troublemaker” can follow them to future job opportunities.

The Role of Advocates and HR Professionals

Advocates and HR professionals play a pivotal role in creating safer, more inclusive workplaces.

Support Systems

Establishing robust support systems is crucial. HR departments should have clear policies and procedures for reporting discrimination, ensuring that employees feel safe and supported.

Training and Education

Regular training and education programs can help prevent discrimination. These programs should focus on raising awareness about different types of discrimination and the importance of diversity and inclusion.

Open Communication

Encouraging open communication is essential. Employees should feel comfortable discussing their concerns without fear of retaliation. Regular surveys and anonymous reporting channels can help identify issues before they escalate.

Strategies for Change

Combatting discrimination and retaliation requires a concerted effort from both companies and employees.

Legal Obligations

Companies must understand and adhere to their legal obligations regarding discrimination. This includes complying with anti-discrimination laws and promptly addressing any complaints.

Ethical Responsibilities

Beyond legal obligations, companies have an ethical responsibility to foster a respectful and inclusive workplace. This involves creating a culture where diversity is celebrated and discrimination is not tolerated.

Actionable Steps

  1. Policy Development: Develop and regularly update anti-discrimination policies. Ensure these policies are clearly communicated to all employees.
  2. Training Programs: Implement regular training sessions on diversity, inclusion, and anti-discrimination practices.
  3. Support Systems: Establish strong support systems for victims of discrimination and ensure that they have access to necessary resources.

Conclusion

Workplace discrimination and retaliation are pervasive issues that require immediate attention. By understanding the different forms of discrimination, recognizing the reality of retaliation, and taking proactive steps, advocates and HR professionals can make significant strides toward creating more equitable work environments.

The responsibility to foster a safe and inclusive workplace does not rest solely on the shoulders of HR professionals and advocates. It requires a collective effort from all levels of the organization, from top management to individual employees. Together, we can break the silence, address these issues head-on, and pave the way for a future where everyone feels valued and respected.

Let’s continue this conversation. Share your experiences and strategies for overcoming discrimination and retaliation in the workplace. Your insights could be the catalyst for change in other organizations.

Discrimination and Harassment: Addressing the Scourge in the Construction Industry

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Recent studies and investigations suggest that the construction industry stands out from its peers due to a significant prevalence of hate, bias, and discrimination. More so, the industry is marked by egregious instances of harassment. This has made the sector a focal point for the Equal Employment Opportunity Commission (EEOC) under the current Biden administration, which has singled out industries where women and workers of color are underrepresented.

In the post-Infrastructure Investment and Jobs Act era, this focus on hostile work environments in construction has intensified. A noteworthy step was an EEOC hearing dedicated to investigating the culture of racism and sexual harassment within construction. The agency’s yearlong study culminated in a June 2023 report highlighting hostility and discrimination on construction sites.

The construction industry’s unique characteristics make it a hotbed for such adverse behaviors. A homogenous workforce and cyclical and project-based work leave workers exposed to discrimination. These acts of hostility range from taunting tradeswomen and vandalizing black workers’ toolboxes to retaliatory transfers or unfair reduction of hours.

With an urgent need to root out bias, six major general contractors inaugurated Construction Inclusion Week. This initiative mirrored the sector’s successful ‘Safety Week,’ aimed at eliminating bias at building sites.

The EEOC guide proposes five key strategies to combat discrimination and promote a healthier working environment. These include committed and engaged leadership, consistent accountability, comprehensive harassment policies, trusted complaint procedures, and regular interactive training. These are not legal mandates, but adopting these practices will significantly safeguard employers against liability in the event of grievances.

Addressing bias and harassment is not only about creating a conducive work environment; it’s also a strategic move to combat the industry’s labor shortage. Creating an attractive working environment efficiently recruits and retains a diverse workforce, from women to people of color.

Tackling discrimination and harassment has dual advantages. It improves workplace safety and ensures continuous workforce supply aligned with the industry’s growth and needs. Adopting practices that foster a harassment-free workplace is a step in the right direction, not just a compliance checklist.

Protecting Construction Industry Employees and Union Members from Hostile Work Environment

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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.

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.

Whistleblower Case Against City of Florence Moves Forward: Judge Denies Dismissal

Sex discrimination is not only illegal, but it has been proven to negatively affect public safety.

Is your city safe? The question might seem straightforward, but for the people of Florence, the answer might be more complex than it seems. Sex discrimination is not only illegal but it has been proven to negatively affect public safety. Sarah Glenn, a city employee, alleges that the City of Florence has been systematically violating state and federal civil rights laws, even retaliating for exercising her First Amendment rights.

Glenn’s allegations include being treated less favorably than her male counterparts, being assigned menial tasks, and expressing genuine safety concerns that were ignored. The city attempted to dismiss Glenn’s First Amendment claim, arguing that her disclosures were not of public concern and could disrupt the workplace. However, a statement from US District Court Chief Judge Philip A. Brimmer suggests otherwise. He denied this motion, emphasizing that Glenn’s claims can’t simply be bulldozed as personal grievances.

The City is now seeking a summary judgment to resolve the First Amendment claim in their favor and is hoping to avoid a trial. However, it’s worth noting that this isn’t the first litigation against the City of Florence, as there’ve been multiple lawsuits, including allegations of misconduct by the former city manager.

This case reveals the dark side of sex discrimination. It obstructs justice, inhibits the free flow of information, and potentially risks public safety. It’s time to recognize these issues. Stand with Sarah Glenn. Stand up for equal rights and public safety.

Title VII of the Civil Rights Act of 1964: A Lifeline Protecting Mothers From Workplace Discrimination

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Title VII of the Civil Rights Act of 1964 has been a reliable shield for many employees in the past and continues to hold its significance in our society today. It is a federal law that serves as a powerful weapon against sex discrimination, especially for mothers who are often subject to baseless stereotypes in the workplace.

An example that stands out is the recent case lodged against Walmart by the U.S. Equal Employment Opportunity Commission (EEOC). As the case revealed, a dedicated employee was denied a well-deserved promotion to a department manager position due to sex stereotypes. The reasons for overlooking her promotion revolved around her young children, implying that she may not be as committed or dedicated to advancing her career. Such stereotypes are exactly what Title VII of the Civil Rights Act of 1964 aims to fight against.

“Discriminating against a woman because of stereotypes about working mothers is sex discrimination, plain and simple,” said Gregory Gochanour, the regional attorney for the EEOC’s Chicago District Office. “Women with children deserve the opportunity to be judged fairly in the workplace based on their qualifications and abilities, not on assumptions about their commitment to their careers.”

This landmark legislation not only prohibits employers from discriminating against individuals on the basis of sex, but also race, color, religion, and national origin. The law has been instrumental in protecting mothers from facing discrimination in the workplace. It ensures that they are given equal opportunities for recruitment, hiring, promotion and training.

The settlement follows an earlier ruling by the court rejecting Walmart’s motion to end the case without a trial. The court’s decision on the case highlighted that a promotion decision taken based on sex stereotypes was unjust. The courts referenced a U.S. Supreme Court case that unraveled the harmful sex stereotype presumption — that women are primarily mothers and secondarily workers. This presumption was deemed impermissible and countered the rights provided through Title VII.

The outcome of this lawsuit served as another win for Title VII, with Walmart agreeing to pay a sizable compensation of $60,000 to the aggrieved employee. Further, in an effort to prevent future discrimination, they committed to providing training that focuses on federal laws prohibiting sex discrimination and to report any further complaints to the EEOC.

This case serves as a clear reminder of how vital Title VII of the Civil Rights Act of 1964 is in ensuring a fair and non-discriminatory playing field for mothers. It eradicates stereotypes, ensuring women are acknowledged for their skills, qualifications, and abilities rather than unfairly judged based on their circumstances. Discrimination against women, particularly rooted in stereotypes of working mothers, is regarded as sex discrimination, and this law serves as a bulwark against it.

Unveiling Illegal Discrimination, Harassment, Donations for Scholarships, and Whistleblower Retaliation

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Not Just a Game: Former Cal State University Northridge coach files lawsuit against the school, claiming wrongful termination following exposé on dubious recruiting tactics!

In recent news, an alarming case has surfaced involving the former women’s soccer coach at Cal State University Northridge, Keith Andrew West, who is now taking legal action against the school. The case highlights some of the endemic issues that are often overlooked in higher education, such as illegal discrimination, harassment, unethical donations for scholarships, and whistleblower retaliation.

Athletic Director, Brandon Martin instructed West to terminate one of his male assistant coaches to make room for a female assistant coach, the suit alleges.

The crux of West’s lawsuit lies in whistleblower retaliation, a serious violation of employee rights that often go unreported due to fear of reprisals. In this situation, West claims to have fallen victim to retaliation following his exposure of alleged impropriety within the university’s department.

In addition to this, West reports incidents of discrimination and harassment. He points out the university’s resistance to renewing his contract, expressing an intention to replace him with a female. This seeming gender-bias raises questions about illegal discrimination within hiring and contracting practices.

“The president wants a female in your position.”

Further adding to the university’s list of alleged violations, West reveals he was pressured to use his recruitment abilities to target a potential student athlete based on their potential financial contributions to the school. This brings to light the questionable practice of procuring donations for scholarships, a practice that deeply undermines the merit-based principle that should ideally govern academic scholarships.

In the wake of these accusations, West was subjected to an investigation and subsequent termination, causing him considerable losses, both financial and emotional. His case illuminating potential gross abuses of power and violations of both employment and educational law that should not be dismissed or ignored.

As this case unfolds, it serves as an important reminder of the dire need for transparency, fairness, and ethical practices in higher institutions. We must ensure that illegal discrimination, harassment, and whistleblower retaliation are not swept under the rug, and we must question practices like donations for scholarships that compromise the integrity of higher education.

$20,000 Sexual Harassment / Retaliation Case Settlement with Bojangles Restaurants, Inc

Sexual harassment causes long term damage to the victims psyche.

U.S. Equal Employment Opportunity Commission Settles Federal Charges Female Employee Was Sexually Harassed, Then Transferred and Denied Promotional Opportunity Because She Complained

Bojangles’ Restaurants, Inc., a Delaware corporation operating in Greensboro, North Carolina, has been ordered to pay $20,000.00 and provide other relief as part of a settlement agreement with the U.S. Equal Employment Opportunity Commission (EEOC) to resolve a sexual harassment and retaliation lawsuit.

The EEOC’s lawsuit alleges that a female team member at a Bojangles fast food restaurant in Greensboro was subjected to severe sexual harassment from March 2020 to June 2020 by the restaurant’s general manager, who made numerous sexual remarks and inappropriately touched and grabbed her. The employee was then denied the opportunity to participate in a management training program and was transferred to a different location as retaliation after complaining about the general manager’s conduct.

This type of alleged behavior is in violation of Title VII of the Civil Rights Act of 1964, which prohibits sexual harassment in the workplace and prohibits retaliation against employees who oppose sexual harassment.


Employees have a right to be free from sexual harassment in the workplace. Employers cannot tolerate such conduct or allow managers to retaliate against employees for reporting the harassment.

The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. Bojangles’ Restaurants, Inc., Civil Action No.: 1:22-cv-00739) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.

As part of the two-year consent decree, which applies to specific restaurants, Bojangles is required to pay $20,000.00 in damages to the affected employee, train managers and employees on sexual harassment, refrain from discriminating against employees on the basis of sex, including in the administration of management training programs, and refrain from retaliating against employees who complain of sexual harassment.

Bojangles has also agreed not to rehire the offending manager. “Employees have a right to be free from sexual harassment in the workplace,” said Melinda C. Dugas, regional attorney for the Charlotte District. “Employers cannot tolerate such conduct or allow managers to retaliate against employees for reporting the harassment.”