Category: racial discrimination

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Discrimination and Harassment: Addressing the Scourge in the Construction Industry

Your workplace should be free of discrimination and harassment. Contact the attorneys of Helmer Friedman LLP for information.

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.

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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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Iron Hill Brewery to Pay $115,000 in Race Discrimination and Retaliation Lawsuit

Race discrimination, retaliation, workplace violation lawyers of Los Angeles Helmer Friedman LLP.

Federal Agency Charged Restaurant Discriminated and Retaliated Against Black Employee

In a recent settlement, the current federal administration reaffirmed its commitment to protecting employees from workplace discrimination and retaliation. This time, Iron Hill Brewery of Buckhead, LLC and Iron Hill Brewery, LLC, a chain of breweries and restaurants across several states, found themselves in the U.S. Equal Employment Opportunity Commission (EEOC) spotlight.

According to the settlement, Iron Hill Brewery agreed to pay $115,000 and furnish other relief to settle a race discrimination and retaliation lawsuit. The suit alleged Iron Hill Brewery discriminated against an African American employee at its Buckhead location.

The employee, a sous chef-in-training, was allegedly dismissed due to his race and for reporting discrimination against women and Hispanic colleagues. An unmerited disciplinary action was swiftly followed by termination.

Under Title VII of the Civil Rights Act of 1964, such alleged conduct is prohibited. This significant law prevents employers from carrying out retaliation for engaging in protected activity and discrimination based on race.

Protected activity, as outlined in Title VII of the Civil Rights Act of 1964, encompasses various actions taken by employees to oppose discrimination or participate in proceedings related to discriminatory practices. In this particular case involving Iron Hill Brewery, the protected activity refers to the sous chef-in-training reporting instances of discrimination within the workplace. Specifically, the employee raised concerns about discriminatory behavior targeting women and Hispanic colleagues, which is considered a protected act under federal law. By voicing these grievances, the employee engaged in a legally protected activity aimed at confronting and challenging unfair treatment. Consequently, when the employee faced unwarranted disciplinary action and subsequent termination, it was alleged to be retaliatory—an illegal response to their protected activity of reporting discrimination.

In addition to the considerable financial settlement, the decree necessitates nationwide training for Iron Hill Brewery employees centered on Title VII’s prohibitions against race discrimination and retaliation. Iron Hill Brewery must also institute an anti-retaliation policy providing examples of unlawful retaliation in the workplace. These moves illustrate the seriousness of the situation and the serious implications of breaching Title VII of the Civil Rights Act of 1964.

The EEOC Atlanta District Office Regional Attorney, Marcus G. Keegan, opined, “This settlement sends a strong message that the EEOC will continue to vindicate the rights of individuals with the courage to come forward to report discrimination against themselves or others in the workplace.”

This case serves as a stark reminder of employees’ rights. If you believe that you or someone you know may be experiencing or witnessing race discrimination, harassment, or retaliation in the workplace, don’t hesitate to seek legal advice. Reach out to a lawyer in your area who specializes in employment law. Remember, everyone deserves a respectful and fair working environment.

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The Power of Class Action Lawsuits: Merrill Lynch’s $20 Million Settlement on Racial Discrimination

Class action lawsuits allow the average employee to band together and get justice from large powerful corporations.

Class action lawsuits are often seen as the vehicle of justice for the average person, allowing individuals to band together to hold even the most formidable, seemingly untouchable companies to account for their actions. A recent case involving Merrill Lynch, a Wall Street brokerage titan, has brought this to light, with the company agreeing to pay nearly $20 million to settle a class-action lawsuit alleging racial discrimination against its Black financial advisers.

This lawsuit claims that African American advisers employed by Bank of America-owned Merrill received less compensation and fewer promotions than their white counterparts. Furthermore, these employees were terminated at higher rates with fewer opportunities for advancement due to discriminatory practices entrenched in the company’s culture.

The repercussions of such systemic violations of African-American employees’ rights had to be addressed. The suit filed in the U.S. District Court for the Middle District of Florida by four former Merrill advisers has set a precedent that even the biggest corporations can be held accountable for racial discrimination in the workplace.

Merrill has agreed to pay $19.95 million — beyond attorney fees and administration costs—to compensate those affected. The settlement is set to benefit approximately 1,375 eligible class members. A judge is yet to approve this settlement, but Merrill has also agreed to “programmatic relief” that includes reviews of diversity practices and pay equity analyses.

Bank of America has stated that the settlement allows them to focus on supporting Black financial advisers and their clients. Over the past decade, they have implemented policies and programs to improve diversity and inclusion. This initiative has resulted in an over 40% increase in the number of Black financial advisers at Merrill and a significant upturn in team representation.

The case against Merrill Lynch is not an isolated incident. They have faced similar allegations in the past, resulting in a $160 million settlement in August 2013. These cases underscore the power of class action lawsuits in ensuring even the most powerful entities are held accountable for their actions.

In the fight against race discrimination, class action lawsuits prove time and again that no company is too large or too powerful to be immune from legal recourse. This not only brings justice for those wronged but also forces companies to examine and modify their practices to ensure a more inclusive and equitable workplace.

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Lawsuit Shines a Light on Alleged Racial Harassment at Tesla

Tesla must pay $137 million to a Black employee who sued for racial discrimination.

A California Superior Court recently ruled to validate a class-action lawsuit alleging “severe and pervasive race harassment” against Black employees at a Tesla factory in Fremont. This lawsuit not only affects the alleged victims but also sheds light on the controversial work environment within Tesla.

The claims stem from around 500 declarations, indicating that incidents of racial harassment have been frequent in Tesla’s Fremont factory for nearly eight years. These incidents include the use of racial slurs and derogatory language towards Black employees, as well as a lack of diversity within management positions at the factory. The plaintiffs argue that Tesla has created a hostile work environment for its Black employees, which violates California’s Fair Employment and Housing Act.

“There is much work to do, but we believe we will succeed in showing at trial that there has been a pattern and practice of pervasive race harassment at Tesla’s Fremont factory.” Matthew Helland from Nichols Kaster LLP

Despite having a complaint system since 2017, the lawsuit alleges that Tesla failed to take immediate and appropriate corrective action in response to these accusations. Over 200 plaintiffs working at the Fremont facility reported hearing racial slurs, and about two-thirds of those who provided sworn statements claimed they witnessed anti-Black graffiti and racial slurs.

Further allegations from individual plaintiffs suggest a deeply rooted issue within the factory’s management and work culture, as they reported unchanged racist behaviors despite complaints to supervisors and human resources.

This is not the first time Tesla has faced allegations of unchecked racial harassment and discrimination. In 2021, a former elevator operator at the Fremont factory was awarded $137 million by a federal jury in San Francisco in a racial harassment lawsuit. The significant award underscores the severity of the emotional distress and hostile work environment endured by the plaintiff during his time at the factory.

The lawsuit criticizes the alleged “pre-Civil Rights Era race discrimination” as a standard procedure at the Tesla plant. It asserts that despite awareness of the issue, Tesla took no action to stop it. This accusation contradicts Tesla’s stance in a 2022 blog post, where the company strongly opposed discrimination and harassment and stated that it terminated employees engaged in misconduct.

The case will now focus on determining if there was a pattern of widespread racial harassment at the Fremont factory, whether Tesla was aware of it, and if Tesla took adequate steps to address it. According to Alameda County Superior Court Judge Noel Wise, this lawsuit will provide common facts that can simplify individual cases, as hundreds or thousands of workers may wish to seek damages from Tesla over their treatment.

This case further highlights the ongoing struggle for equality and respect in the workplace, emphasizing the importance of ensuring a safe and comfortable working environment for all, regardless of the company’s size or caliber.

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$800K Hiring Discrimination Settlement with Caterpillar Inc.

Your workplace should be free of discrimination and harassment. Contact the attorneys of Helmer Friedman LLP for information.

The U.S. Department of Labor has entered into a conciliation agreement with Caterpillar Inc. to resolve alleged systemic hiring discrimination against 60 Black applicants at a heavy equipment manufacturer’s production facility in Decatur, Illinois.

Caterpillar Inc. will pay affected job applicants $800,000 in back wages and interest and offer jobs to 34 eligible class members to resolve the allegations. In a proactive step towards change, the company has also agreed to ensure its hiring policies and procedures are free from discrimination and provide training to all managers, supervisors, and other company officials who oversee hiring decisions.

A routine compliance review by the department’s Office of the Federal Contract Compliance Programs found that Caterpillar discriminated against 60 Black applicants who applied for fabrication specialist/welder positions at its Decatur facility from March 30, 2018, to March 30, 2020. OFCCP enforces Executive Order 11246, which prohibits federal contractors from discriminating in employment based on race, sex, color, religion, sexual orientation, gender identity, or national origin.

“For the past 58 years, OFCCP has been at the forefront of defining and defending equal employment opportunity in the American workplace. We remain steadfast in our commitment to addressing employment policies and practices that create barriers to opportunity and perpetuate inequality,” reassured Office of Federal Contract Compliance Programs Acting Director Michele Hodge. “Companies that accept federal contracts must diligently monitor their hiring processes to ensure applicants are not rejected based on unlawful practices.”

“Our agreement with Caterpillar exemplifies the Office of Federal Contract Compliance Programs’ (OFCCP) commitment to addressing and remedying preliminary indicators of discrimination in our compliance evaluations. As the enforcer of Executive Order 11246, OFCCP ensures that federal contractors like Caterpillar uphold equal employment opportunity. This agreement provides meaningful compensation and job opportunities to affected individuals and aims to ensure that all applicants, irrespective of their race, are considered equally for employment.”

Caterpillar Inc. has contracts to provide machinery to the U.S. Department of the Army, and since 2018, Caterpillar Inc. has held more than $481 million in federal contracts.

OFCCP has introduced the Class Member Locator, a powerful tool to identify applicants or workers who may be entitled to monetary relief and/or consideration for job placement as a result of OFCCP’s compliance evaluations and complaint investigations. If you believe you may be a class member who applied for a fabrication specialist/welder position with Caterpillar Inc. at its Decatur facility during the investigative period, we encourage you to use OFCCP’s Class Member Locator to learn more about this and other settlements.

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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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TikTok Race Discrimination, Hostile Work Environment and Wrongful Termination

TikTok employees alleging race discrimination, lawyers Helmer Friedman LLP Los Angeles CA.

Have you, or someone you know, experienced racial discrimination at TikTok? You’re not alone. Several former employees have claimed that they were victims of racial prejudice, being subjected to unfair treatment and a hostile work environment.

For instance, former workers Nnete Matima and Joël Carter have filed a federal lawsuit, alleging that they were treated less favorably than their white counterparts. They were allegedly referred to with insulting racial slurs such as “Black Snake”, and faced retaliation, culminating in unfair termination, when they raised this issue to human resources.

These instances are not just damaging to the morale of employees, but they are also illegal. It’s important to remember that TikTok, like all employers, claims to value diversity and has policies against racial discrimination and harassment. Yet, if the reality of your workplace tells a different story, please don’t be silent.

If you or someone you know have encountered similar experiences of racial discrimination, particularly involving unequal treatment, derogatory comments, or the encounter of a hostile work environment, it’s crucial to take the next step. Seek out the advisement of a reputable lawyer who specializes in race discrimination cases. Let’s ensure that your rights are protected and such instances are brought to light.

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Racial Discrimination, Harassment at Electric Boat Company

Your workplace should be free of discrimination and harassment. Contact the attorneys of Helmer Friedman LLP for information.

Imagine a workplace where your skills, experience, and professionalism can thrive without fear of racial discrimination or harassment. Sadly, for John Mack – an African-American man – this was just a dream. The reality, as alleged in a recent lawsuit, reveals a disturbing picture of racial discrimination within the Electric Boat Company.

Hired as a Structural Nuclear Welder by Riley Power Group (RPG) to work at Electric Boat, Mack performed his duties diligently and competently, receiving positive reviews about his work. Tragically, his experience soured as he began to face a hostile working environment, racial discrimination, and a series of assaults by a white supervisor.

What makes Mack’s story more shocking is the response when he reported these incidents. A human resources professional allegedly requested that he not file a police report, promising that Electric Boat would handle the matter internally.

Not only did this fail to bring any substantive disciplinary action against the perpetrator, but Mack also faced another racial incident involving a safety officer who made several racist comments about African-Americans. Yet again, despite reporting the incident, there was no significant disciplinary action.

The law is clear. The Rhode Island Civil Rights Act, the Rhode Island Whistleblower Protection Act, and the Fair Employment Practice Act prohibit discrimination and retaliation and protect employees against racial discrimination in the workplace. Mack bravely came forward to ensure that his rights and those of his coworkers are respected – and so can you.

Every employee deserves a safe, respectful, and equal work environment. Discrimination or harassment at work is not only damaging to individual rights, dignity, and sense of worth but also undermines the potential for businesses to enjoy a diverse, dynamic, and creative team.

If you experience or witness racial discrimination or harassment at work, know that you’re protected by law. Protect your rights. Take a stand. Speak out against racial discrimination, and together, let’s make our workplaces truly equitable and inclusive.

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Racial Harassment, Retaliation Lawsuit Settled for $105,000.

Helmer Friedman LLP protecting employee right to worplace free of racial harassment. Affordable Home Furnishings sued for racial discrimination.

Standing Up Against Workplace Racial Harassment: The Fight for Justice and Equality

Rise above the tide and stand against racial harassment in the workplace! Every individual has the right to a professional environment free from any form of racial discrimination. The lawsuit against Affordable Home Furnishings, where justice was served to an employee who faced racial harassment, serves as a profound testament to this belief.

The incident unfolded in their Florida Boulevard store where a white account manager racially harassed repeatedly using the word “n****r” while working with an African American manager-in-training. This deplorable act, followed by the inappropriate retaliatory firing of the manager-in-training for reporting the incident, was a gross violation of Title VII of the Civil Rights Act of 1964.

Fearlessly, the U.S. Equal Employment Opportunity Commission (EEOC) spearheaded the fight for justice. The result – a consent decree that ensured Affordable Home Furnishings paid $105,000 in back pay and damages to the former employee. Further measures included the company implementing training requirements, revising policies, setting up a complaint hotline, providing regular reports to the EEOC, as well as posting a notice affirming their commitment to Title VII.

The EEOC’s stand against racial harassment sends a powerful message to America at large – racial harassment and discrimination have no place in our workplaces. Federal and state laws are steadfast protectors of every employee’s right to a harassment-free work environment. To learn more about the laws prohibiting race discrimination and retaliation, visit www.HelmerFriedman.com.

Remember, together we can build a future fueled by respect, understanding, and racial harmony. Each one of us carries the flame that can light up the darkness of racial discrimination. Let’s stop racial harassment in the workplace, today and every day.