EEOC Verdicts and Settlements — May 2012

Our update on EEOC verdicts and settlements for May 2012 after the break.

MN – The Minnesota Board of Public Defense will pay $53,000 in an age discrimination lawsuit brought on behalf of four former employees.  The employees were denied employer contributions for retiree health and dental insurance because they were older than 55 at the time of their retirement.

AZ – The owner of Four Points, a Sheraton hotel, will pay $50,000 to settle a national origin discrimination lawsuit brought on behalf of a former employee.  The suit alleged that the company subjected the employee to ethnic slurs and mocking because of his Iraqi national origin and eventually forced him to resign.

OH – Health Management Group, Inc., will pay $260,000 to settle a wage discrimination suit brought on behalf of two female sales directors.  The suit alleged that both women were paid substantially less than a male who did equal work.

MD – Randstad US, LP, a referral and placement services company, will pay $60,000 to settle a disability bias suit brought on behalf of a job candidate.  The company originally fast-tracked the candidate but soon after he disclosed his Asperger’s syndrome he was told the position had been put “on hold” and was not hired.

TX – Central Freight Lines, Inc. has agreed to settle an age discrimination lawsuit for $400,000.  The suit, brought on behalf of eight former employees, alleged that the dockworkers were selected for termination because of their age.  The company used a reduction-in-force ruse to fire employees who were approximately 50 years of age and older.

TX – Star Tex Gasoline & Oil Distributors will pay $10,000 to settle an age discrimination lawsuit brought on behalf of a 72-year-old job applicant.  Although the applicant had years of relevant work experience, the hiring official who met him focused entirely on his age.  The interviewer disregarded his qualifications and experience, and refused to consider hiring him.

CA – Mid Valley Labor Services, Inc., a farm labor contractor, will pay $150,000 to settle a sexual harassment and retaliation lawsuit.  The suit alleged that female employees faced sexually explicit language and propositions by their crew supervisor.  Both women who objected to the harassment were fired.

TX – Advance Components will pay $201,000 to settle an age discrimination suit brought on behalf of a former employee.  The company’s EVP made ageist comments to the 64-year-old employee calling him “old-fashioned” and finally fired him after expressing his preference to hire younger salesmen.

CA – The security firm Guardsmark will pay $25,000 to settle a harassment suit brought on behalf of a former employee.  The suit alleged that the employee, a security guard, was harassed due to his East Indian national origin and age.  The company ignored complaints and retaliated against him with an involuntary transfer.

OR – Pioneer Place Assisted Living will pay $80,000 to settle a disability discrimination suit brought on behalf of a job applicant.  The suit alleged that the company refused to hire an applicant with epilepsy even though she had already completed an interview and discussed a start date.  She informed the company her prescription medication would show up on its drug test and she was then rejected because of the results.

Guam – MD Wholesale, a pharmaceutical drug wholesaler, will pay $77,500 to settle a sexual harassment lawsuit brought on behalf of two former employees.  The suit alleged the women were verbally and physically abused and that the company did not have an anti-harassment policy in place at the time.  Despite complaints to an assistant manager, no measures were taken to prevent the harassment from occurring.

AZ – Tempe Elementary School District No. 3 will pay $148,000 to settle an age discrimination suit.  The suit alleged that the school district utilized both an early retirement and a normal retirement plan, and that the normal plan benefits younger employees based solely on their age.  The school district will revise its retirement plans to comply with the ADEA.

IL – A federal judge has ruled that the chemical company Cognis Corporation unlawfully retaliated against an employee who refused to waive charge rights.  The court found that Cognis fired the former employee after he revoked his willingness to sign a “last-chance” employment agreement which would have required him to waive his right to file charges with the EEOC.

MI – Health Partners, Inc. will pay $25,000 to resolve a disability discrimination case.  The suit alleged that the company violated the ADA when it refused to allow an employee with non-contagious tuberculosis to work.  The company regarded her as disabled even though she did not pose a direct threat of health risk.

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