Archive for the 'Retaliation' Category

Desco Industries Will Pay $45,000 to Settle EEOC Retaliation Lawsuit

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Manufacturer Terminated Employee for Complaining About Race Discrimination, Federal Agency Charged

CHARLOTTE, N.C. – Desco Industries, Inc., a California corporation doing business in Sanford, N.C., will pay $45,000 to settle a workplace retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC charged that Desco Industries violated federal law when it discharged Daniel Worthy in retaliation for complaining about race discrimination.

According to the EEOC’s complaint, Daniel Worthy worked for Desco in 2015 through a third-party staffing agency. Around February 2015, Worthy discussed his interest in a forklift position with Desco’s warehouse foreman. Based on their discussion, Worthy expected he was in line for the next open forklift position. When Worthy, who is black, later saw a non-black employee operating a fork­lift, he believed Desco had passed him over for the position because of his race. Worthy com­plained to the staffing agency recruiter who notified Desco of Worthy’s race discrimination complaint. Within days of learning about Worthy’s complaint, Desco fired Worthy in retaliation for complaining about discrimination.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from terminating someone who reports race discrimination or other employment practices which he or she reasonably believes violate Title VII. The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. Desco Industries, Inc., Civil Action No 1:16-CV-00858) after first attempting to reach a pre-litigation settlement through the agency’s conciliation process.

In addition to providing monetary relief to Worthy, a two-year consent decree requires Desco to develop and implement an anti-retaliation policy and to conduct annual training for supervisors and managers on Title VII’s prohibition against retaliation. Desco Industries must also post an employee notice about the lawsuit and provide periodic reports to the EEOC.

“Federal law protects those who come forward to report suspected employment discrimin­a­tion,” said Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District Office. “The EEOC stands ready to enforce those protections.”

ABL Management to Pay $35,000 to Settle Retaliation Lawsuit with EEOC

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Company Fired Panama City Employee After He Reported Male Supervisor Sexually Harassed Him, Federal Agency Charged

BIRMINGHAM, Ala. – ABL Management, Inc., a Baton Rouge, La.-based food management company, will pay $35,000 and furnish other relief to settle a retaliatory discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s lawsuit, ABL assigned employee Duane Gatson to serve as a kitchen supervisor at the Bay County Jail Facility in Panama City, Fla. While working in an isolated food storage area, Gaston was approached and groped by a male kitchen manager, the EEOC said. Thereafter, Gatson reported the offending conduct to his immediate supervisor. Following his report, he was advised that the company would conduct an investigation regarding his charges. However, within several weeks of making his report of sexual harassment, ABL fired Gaston as retaliation for complaining, the EEOC said.

Such alleged misconduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from retaliating against an employee who has participated in an investigation under Title VII, including an employer’s internal investigation. The EEOC filed suit (Equal Employment Opportunity Commission v. ABL Management, Inc., 5:16-cv-00187-RH-GRJ) on June 30, 2016 in U.S. District Court for the Northern District of Florida in Panama City after first attempting to reach a pre-litigation settle­ment through its conciliation process.

In addition to the $35,000 payment, the three-year consent decree resolving the suit requires ABL to take specific actions designed to prevent future discrimination, including implementing policies and practices designed to prevent discrimination based on sex and retaliation, providing anti-discrimination training to employees, and posting anti-discrimination notices in its workplace. The decree also requires ABL to appoint a qualified consultant who will help implement policies, provide direction for potential investigations, and train ABL employees and managers about retaliation.

“When an employer fires an employee for complaining about sexual harassment, it sends the signal that it’s not safe to resist discrim­ination,” EEOC Birmingham District Director Delner Franklin-Thomas said. “Employers should be aware that the law protects employees who report this kind of misconduct and that the EEOC will enforce laws that protect workers’ rights.”

EEOC Regional Attorney Marsha Rucker added, “The EEOC is committed to vigorous enforce­ment of Title VII of the Civil Rights Act, which prohibits retaliation against employees who report discrimination.”

According to company information, Baton Rouge, La.-based ABL is a national food management company that contracts with businesses to provide finished meals, as well as commissary and laundry programs, to correctional, commercial, healthcare and educational facilities.

Rite Way to Settle EEOC Retaliation Suit

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Federal Agency Wins $70,000 for Worker Who Was Fired for Helping With Sexual Harassment Investigation

GULFPORT, Miss. – Rite Way Service, Inc., a former Alabama corporation that provided janitorial cleaning services to commercial facilities in Mississippi and elsewhere in the Southeast, has agreed to pay $70,000 to a former employee to settle a federal lawsuit for unlawful retaliation, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

According to the suit, Rite Way violated federal law by firing an employee in retaliation for participating in an internal investigation concerning a sexual harassment complaint made by a coworker, the EEOC charged in a lawsuit. Rite Way employed Mekeva Tennort to perform janitorial duties at Biloxi Junior High School. In August 2011, Tennort gave a statement to supervisors investigating a sexual harassment complaint by another employee. The Commission alleged that, soon afterward, Rite Way gave Tennort several written warnings about untrue supposed performance issues, and then fired her based on these unfounded accusations.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from retaliating against an employee for opposing unlawful sexual harassment, including participating in an employer’s internal sexual harassment investigation. The EEOC filed suit (Equal Employment Opportunity Commission v. Rite Way Service, Inc., Case No. 3:13-cv-00407-CWR-FKB) on June 27, 2013 in U.S. District Court for the Southern District of Mississippi after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the monetary payment to Tennort, the three-year consent decree settling the suit requires Rite Way to distribute its anti-discrimination policy to specific former Rite Way employees. Further, if during the term of the consent decree, Rite Way resumes doing business, it must develop and implement policies to prevent future discrimination and retaliation, train its managers, supervisors, and all employees on unlawful discrimination, and provide reports of its compliance to the EEOC.

“Preserving access to the legal system remains a national priority for the EEOC,” said Delner Franklin-Thomas, director of the EEOC’s Birmingham District Office. “This settlement demonstrates the Commission’s ongoing commitment to protect employees who participate in workplace investigations from illegal retaliation.”

EEOC Birmingham District Regional Attorney Marsha Rucker added, “This lawsuit and resulting settlement achieves the EEOC’s objectives of providing specific relief to the victim and educating employers that Title VII not only protects those who file a charge of discrimination, but also for those who speak up during the course of a workplace investigation.”

In FY 2016, the EEOC received 42,018 retaliation charges, which reflects 45.9% of all charges received.

According to company information, Rite Way now operates as a separate division of Diversified Maintenance Systems, LLC in the Southeast. Headquartered in Birmingham, Ala., Rite Way has over 40 years of experience in providing janitorial services to customer in manufacturing, industrial, office buildings, banking, education, government, healthcare and utilities.