EEOC Jury Verdicts and Settlements — April 2013

Our update on EEOC jury verdicts and settlements for April 2013 after the break.

TX – Dependable Health Services, Inc. will pay $40,000 to settle a disability discrimination lawsuit.  A former administrative assistant was fired after experiencing stroke-like symptoms.  The suit alleged that the company terminated her after she returned to work from a hospital stay because of the symptoms.  The woman returned to work with a two-week work hour restriction from her doctor, but management officials believed the condition was more serious and that she had suffered a stroke.

MS – Landau Uniforms, Inc. will pay $80,000 to settle a pregnancy discrimination suit.  The company, which manufactures and distributes medical scrubs, subjected an employee to unequal terms and conditions of employment because of her pregnancy.  The suit alleged that the woman was disciplined and discharged in retaliation for opposing the working conditions.

NM – Western Energy Services of Durango, Inc. will pay $90,000 to settle an age discrimination lawsuit.  Two men in their twenties were awarded electrician positions with the company over two older applicants in their 60s and 70s who had been referred by the local union.  The complainants and union dispatcher alleged the superintendent stated he was not hiring the men because they were too old.

NV – Engineering Documentations Systems, Inc. will pay $70,000 to settle a pregnancy and disability discrimination suit.  The company fired a pregnant worker and her husband for reporting the discrimination.  The woman, a technical assistant with a disability, was subjected to discrimination and retaliation at work.  While the employee was on pregnancy leave, the company changed her job description to require the technical assistant be certified to carry live ammunition and explosives.  The company failed to accommodate the woman and terminated her during her leave of absence.  Her husband, an engineering and technician, was demoted and then terminated for making complaints about his wife’s treatment and participating in the related EEOC investigation.

UT – A Utah construction company, Holmes & Holmes Industrial, Inc., will pay three former employees $230,000 in a race harassment and retaliation lawsuit.  The suit alleged that the company’s work environment was hostile to blacks.  The men endured verbal harassment and racist graffiti.  One of the victims was fired for complaining.

MN – Applied Vacuum Technology will pay $50,000 to settle a disability discrimination lawsuit.  The suit alleged that the company fired an employee after he attempted to return to work after a week-long hospital stay.  The company fired the employee for failing to call in every day during the hospitalization, even though it knew about the condition.

NJ – Mitsuwa Corporation, a Japanese market, will pay $250,000 to settle a national origin discrimination lawsuit.  The suit alleged that the company violated labor laws when it paid Hispanic workers less for jobs identical to those performed by other employees.  A class of victims was identified as being discriminated against over a number of years.

CA – Alia Corporation, a fast food franchisee, has agreed to pay $100,000 to settle a disability discrimination lawsuit.  The franchisee demoted a floor supervisor with an intellectual disability to a janitorial position, cutting both his hours and pay.  This effectively forced the employee to resign and seek new employment.

AZ – The GEO Group, Inc. will pay $140,000 to two women in a sexual harassment suit.  The suit alleged that the private prison management company abused women employees.  Male managers harassed the females and created an environment of verbal and physical intimidation.  Supervisors made sexually suggestive remarks, and in one instance a supervisor forced himself on top of one of the women and tried to kiss her.  The behavior took place routinely and in front of management officials.

OH – Presrite Corporation, a manufacturing company, will pay $700,000 in a class action lawsuit to a group of women complainants.  The company will also offer jobs to at least forty women.  The suit alleged that the company discriminated against female job applicants at three plants in the state.  The women were passed over for entry-level positions in favor of male applicants with fewer qualifications.  There is also evidence that the women who were hired, were harassed on the job.

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