EEOC Jury Verdicts and Settlements — June 2012

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

CO – Children’s Hospital Colorado will pay $95,000 to settle a disability discrimination lawsuit brought on behalf of a job applicant.  After three interviews, the applicant was offered a staff assistant position contingent upon her successful completion of a pre-employment health screen.  Following the medical exam, the hospital withdrew its offer of employment due to her disability, fibromyalgia.

OK – Garney Construction Co. and Georgia Power Co. will pay $49,500 to settle a disability discrimination lawsuit brought on behalf of a job applicant.  The applicant was diagnosed with epilepsy at age 12 and had been seizure-free with medication for over eight years.  Still, he could not pass the DOT physical exam required by Garney because of his medication.  The contractor, Garney, withdrew the job offer because of a construction contract with Georgia Power where the applicant would be working.  The suit charged that this act was unlawful because federal law does not require heavy equipment operators to pass a DOT physical exam.

IO – Quality Egg, LLC will pay $85,000 to settle a sexual harassment suit brought on behalf of two former employees.  The company violated federal civil rights laws by allowing a former manager at one if its egg packing facilities to sexually harass two female employees.

GA – Starr’s Mill Academy and Preschool Center will pay $40,000 to settle a suit for unlawful retaliation.  The suit alleged that the child care facility sued a former employee for filing a discrimination charge.  The facility alleged that the former employee made fraudulent claims in the charge.

MD – Homestead Gardens will pay $50,000 to settle a disability discrimination lawsuit brought on behalf of a former employee.  The suit alleged that the worker was fired after his mother disclosed his hemophilia to the company during a casual conversation.  He was told not to return to work because of the company’s perception of his disability.

CA – Chapman University will pay $175,000 to settle a sex discrimination case brought on behalf of a former film professor was denied promotion because of her gender.  The woman appealed her tenure denial to a university grievance committee, which ruled in her favor.  She filed an EEOC discrimination charge after that decision was vacated by the school’s Senate Executive Board.

MI – Whitehall Healthcare Center will pay $35,000 to settle a religious discrimination lawsuit brought on behalf of a former employee.  The certified nursing assistant, a Jehovah’s witness, requested the company to not schedule her work on Wednesdays or Sundays so she could attend meetings and field service activities.  Her administrator fired her, refusing to accommodate her scheduling needs.

TX – Stevens Transport will pay $50,000 to settle a disability discrimination lawsuit brought on behalf of a job applicant.  The refrigerated transport company contacted the applicant after he posted his resume online.  After successful telephone screening, the applicant was brought in to interview for two management positions.  The suit alleged the company refused to hire the paraplegic man after learning of his disability.

NY – Nassau County will pay $65,000 in back pay to settle an age discrimination lawsuit brought on behalf of a former employee.  The suit alleged that a 71-year-old lifeguard with 50 years of experience failed a swim test and was then fired before he was given the chance to complete a retest.  Younger lifeguards were not fired and were permitted to continue working.

Link to extra stories concerning superannuated lifeguards

CO – H&E Equipment Services will pay $125,000 to settle a sex discrimination lawsuit brought on behalf of a former employee.  The suit alleged that the woman was denied promotion and laid off because of her gender.  Her branch manager said he didn’t think women could supervise in the construction industry, and a male employee was hired for the position.

TN – Whirlpool Corporation will drop its appeal of a race and sex harassment judgment for over $1M.  The suit alleged that the company took no corrective action to stop a white male from harassing an African-American female co-worker.  The abuse escalated over a period of two months, finally resulting in the male physically assaulting the woman and causing her serious permanent injury.

MD – Johns Hopkins Home Care Group, Inc. will pay $160,000 to settle a disability discrimination lawsuit brought on behalf of a former employee.  The suit alleged that the home health care provider violated the ADA when it failed to accommodate a registered nurse with breast cancer.  The company failed to provide her with accommodations that would have allowed her to return to work despite her recovery restrictions.  She was fired her after she filed a complaint with the EEOC.

NM – An Albuquerque bakery and café will pay $20,000 to settle a disability discrimination suit.  The suit alleged that the company denied an employee training and a position as cashier because of her hearing impairment and speech impediment.  The EEOC charged that the woman was forced to quit due to the discrimination and retaliation she experienced.

MO – The Villa Galleria restaurant will pay $23,000 to settle a sexual harassment lawsuit brought on behalf of a former employee.  The suit alleged that the employee was subjected to unwanted physical advances by her assistant supervisor.

IL – United Road Towing, Inc. will pay $380,000 to settle a disability discrimination suit brought on behalf of thirteen claimants.  The suit alleged that the company failed to provide reasonable accommodation to a class of employees with disabilities.  The company had an inflexible medical leave policy and often practiced terminating workers’ employment once medical leave ended.

AZ – FedEx Freight will pay $115,000 to settle a sex discrimination suit brought on behalf of three job seekers.  The suit alleged that three qualified applicants were passed over for a human resources position.  FedEx’s employee relations manager hired an unqualified man, instead.

PA – County Fresh Market will pay $95,000 to settle a sexual harassment and retaliation lawsuit.  The suit charged that the grocery store knowingly permitted sexual harassment of women who worked in the store by the department manager.  The harassment included unwanted touching, sexual advances and comments.  Two women were forced to quit their jobs after they were threatened with termination should they choose to complain about the abuse.

TX – The general manager of Oasis One Dry Cleaners will pay $43,000 to a former female employee who was subjected to a sexually hostile work environment.  The suit charged that the manager routinely solicited sexual favors and made unwanted physical advances toward the female employee.

TX – The EEOC and BP Exploration and Production, Inc. announced a voluntary resolution of an investigation related to the hiring of women by contractors.  The suit alleged that a class of female workers was not considered for employment by contractors during the Gulf oil spill response in 2010.  The confidential conciliation agreement covers female applicants in five states.

IL – Following a consent decree, Yellow Transportation, Inc. and YRC, Inc. will pay $11M to discrimination victims.  The suit charged that a class of black employees suffered hangman’s nooses, racist graffiti and tougher discipline and work assignments. 

TN – The Jackson Sun daily newspaper will pay $150,000 to settle a disability discrimination suit.  The suit was brought on behalf of an employee who had suffered permanent spinal cord injury after back surgery.  The newspaper fired the employee one week after his return from medical leave.

 

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