CA – A Korea-based food company and owner of a Los Angeles restaurant agreed to pay $170,000 to settle a sexual harassment suit brought by the EEOC on behalf of a class of female employees who alleged they were harassed by their manager.

AL – A truck transportation company will pay $100,000 to settle a race discrimination and retaliation suit filed on behalf of a group of employees who alleged they were subject to a racially hostile work environment and then retaliated against when they complained about the discrimination.

IL – Silgan Containers Manufacturing Corporation agreed to pay $45,000 to settle a race discrimination suit brought on behalf of a former employee who alleged he was fired because of his race after only one month on the job.

MO – A billboard company will pay $55,000 to settle a sexual harassment and retaliation suit filed on behalf of a female employee who alleged she was subject to sexual harassment by her manager, and then fired after she complained about the conduct.

TN – Terminix International agreed to an $80,000 settlement in a sex discrimination suit brought on behalf of a former employee who alleged she was fired because she was pregnant.  The company had granted the employee medical restrictions for six weeks before terminating her employment.

MI – A health services provider agreed to pay $45,000 to settle a disability discrimination suit brought on behalf of an employee who alleged she was discriminated against because of her history of depression.  The company had granted the employee a leave of absence but then refused to allow her to return to work.

NM – A staffing firm will pay $62,500 to settle a retaliation suit brought by the EEOC on behalf of a former office supervisor who alleged he was fired for supporting a sexual harassment complaint made by a female employee.

TX – A Sears store agreed to pay $30,000 to settle an age discrimination suit filed on behalf of a 61‑year‑old job applicant who alleged he was refused a position because of his age.

IL – Jerseyville Elks Lodge will pay $107,500 to settle a sexual harassment and retaliation suit brought on behalf of three female bartenders who alleged they were sexually harassed and then retaliated against when they complained about the conduct.

MD – A transcription company agreed to a $30,000 settlement in a disability discrimination suit brought on behalf of a part-time employee with multiple sclerosis who alleged she was denied a full-time position because of her disability.

KY – A hotel managing company will pay $40,000 to settle a religious discrimination suit brought on behalf of four female employees who alleged that the company failed to provide an accommodation by not allowing them to wear their hijab to work.

PA – A farm growers’ cooperative agreed to pay $300,000 to settle a sex and national origin discrimination and retaliation suit brought on behalf of a class of female farmworkers who alleged they were subject to harassment by male coworkers and then retaliated against when they complained about the treatment.

OH – A temporary agency agreed to a $650,000 settlement in a class discrimination suit brought by the EEOC alleging that the company had engaged in discriminatory practices by profiling job applicants on the basis of race, sex, age, and national origin.  The suit also alleged that the company complied with discriminatory requests made by its clients, and unlawfully fired employees who opposed the discriminatory practices and participated in the EEOC’s investigation.

CA – Hilltown Packing Company will pay $48,000 to settle a sexual harassment and retaliation suit filed on behalf of a group of female employees who alleged they were harassed by their supervisor and then retaliated against for opposing the harassment.

MA – A national denture provider will pay $150,000 to settle a sex and race discrimination suit brought by the EEOC on behalf of two female employees who alleged they were harassed by an affiliated dentist.

PA – A temporary staffing company agreed to pay $12,000 to settle a sexual harassment and retaliation suit brought on behalf of a group of female employees who alleged they were subject to harassment by a male supervisor at an assigned work location. 

MD – An aircraft systems company agreed to a $130,000 settlement in an age discrimination suit brought on behalf of a 61-year-old employee who alleged he received poor performance reviews and was refused a promotion because of his age.

MN – A federal district court ruled in favor of the EEOC on the employer’s summary judgment motion in a disability discrimination suit.  The court found that there was an issue of fact on whether a job applicant who was deaf could have performed the job with a reasonable accommodation, especially in light of the fact that the applicant had previously performed that same type of work.

CA – A motorcycle dealership will pay $55,000 to settle a sex discrimination and retaliation suit brought on behalf of a female employee who alleged she was refused a position as a mechanic while the company hired less qualified men as mechanics.

MI – An automotive supplier has agreed to pay $190,000 to settle a race discrimination and retaliation suit brought on behalf of a group of minority employees who alleged they were denied promotions.

GA – A staffing company will pay $125,000 to settle a race and age discrimination suit brought on behalf of an employee who alleged she was discriminated against because of her race and age and then fired in retaliation after she complained about it.

AZ – A packaging manufacturer will pay $250,000 to settle an age discrimination suit brought on behalf of three former employees who alleged they were fired because of their age.

FL – Avea Drug Delivery Systems agreed to pay $58,000 to settle a disability discrimination suit brought on behalf of a former employee with renal disease who alleged she was fired upon returning from a medical leave of absence.

FL – Hilton Grand Vacations will pay $25,000 to settle a pregnancy discrimination suit brought on behalf of a former employee who alleged she was persuaded to resign her employment because of pregnancy-related complications and then not rehired, contrary to the company’s promise to rehire her after she gave birth.

AZ – Yuma Oak Tree Inn agreed to pay $75,000 to settle a religious discrimination suit brought on behalf of former employees who alleged they were forced to engage in a religious prayer ceremony despite their different religious beliefs.

AK – Starbucks will pay $80,000 to settle a disability discrimination suit brought on behalf of a job applicant with multiple sclerosis who alleged he was not hired because of his disability.

TX – Two Sonic franchises agreed to pay $55,000 to settle a sexual harassment suit brought on behalf of female employees who alleged they were harassed by their managers.

IL – A nationwide staffing company will pay $100,000 to settle a disability discrimination suit brought on behalf of a blind female employee who alleged that her job offer was revoked when the company learned of her disability.

NC – A scrap metal processing company agreed to settle an age discrimination suit for $10,000 brought on behalf of a 76-year-old man who alleged he was passed up for a position because of his age.

CA – A construction company will pay $50,000 to settle a national origin discrimination suit brought on behalf of a group of Hispanic workers who alleged they were subject to verbal harassment by their supervisor.

MS – A plastic molding company agreed to pay $190,000 to settle a sexual harassment suit brought on behalf of female employees who alleged they were harassed by a male supervisor and co-worker.

MD – The Community College of Baltimore County will pay $50,000 to settle an age discrimination suit brought on behalf of an employee who alleged she was not hired for a position because of her age.

AZ – An oral surgery clinic will pay $118,775 to settle a pregnancy discrimination suit brought on behalf of a female employee who alleged she was fired because she was pregnant, and another employee who alleged she was not hired after the company learned she was pregnant during an interview.

GA – A home builder agreed to a $378,500 settlement in a race and sex discrimination suit brought on behalf of a group of African-American sales agents who alleged they were discriminated against with respect to their compensation because of their race.  As part of the settlement, the builder also agreed to hire at least ten African-Americans and women into management positions over a six year period.

TX – Cinram Wireless will pay $40,000 to settle a religious discrimination and retaliation suit brought on behalf a former employee who alleged the company failed to accommodate her Sabbath, and then fired her in retaliation for complaining about it.

CO – PETCO agreed to pay $145,000 to settle a disability discrimination suit brought on behalf of a deaf pet groomer who alleged she was penalized during performance reviews because of her disability.

GA – State and county government agencies will pay $60,000 to settle an age discrimination suit brought on behalf of a former employee who alleged she was fired because of her age.

D.C. – A group of police officers were awarded $900,000 in a suit against the police department alleging they were retaliated against for filing a racial discrimination complaint.  The Washington Post has a story about it here.

CA – A jury awarded $159,000 to a former state agency supervisor who was terminated for reporting sexual harassment against female coworkers.

CA – A federal appeals court granted a new trial on punitive damages to a former employee who won a $2.45 million punitive damages award in a hostile work environment suit against her former company.  The trial court had reduced the award to $300,000 per the federal damages cap, but the appeals court held that punitive damages should have been determined in accordance with California law, which has no statutory cap for punitives.

NY – Drug-maker Novartis agreed to pay $152.5 million to settle a gender discrimination class action that resulted in a $250 million punitive damages award in district court.

CO – A federal appeals court upheld a $33,758 judgment against the city of Cordell in a sex discrimination suit brought by a woman who alleged she was discriminated against when she was not rehired as an animal control officer after being laid-off.

NY – The Second Circuit Court of Appeals affirmed the lower court’s grant of summary judgment for the employer in a race discrimination and retaliation brought by a former employee who alleged she was discriminated against with respect to training and performance evaluations.  The court found that the plaintiff had failed to provide sufficient evidence of discrimination.  In addition, the court held that the company’s alleged failure to investigate a discrimination complaint did not constitute an “adverse employment action” for purposes of a retaliation claim based on the filing of the same discrimination complaint. 

RI – A state court judge overturned a jury verdict that found in favor of a man who claimed he was not hired for two teaching jobs because of his age.

PR – The First Circuit Court of Appeals vacated a jury verdict that found in favor of a Postal Service employee who alleged sex discrimination and retaliation.  The court held that temporary rotation of an employee’s job duties, selective enforcement of a break policy, and alteration of rest days in a job posting were not “adverse employment actions” for purposes of a discrimination or retaliation claim.

TX – The Fifth Circuit Court of Appeals overturned the lower court’s grant of summary judgment for Southwest Airlines in a disability discrimination case, holding that a reasonable jury could have concluded that the plaintiff was an individual with a disability under the ADA, that he was qualified for the position, and that he was terminated because of his disability. 

CA – A jury awarded a police officer $2 million in a retaliation suit against the city that alleged that the officer was retaliated against after he filed a complaint against his supervisor.

TX – A jury awarded a physician $3.6 million in a race and religious discrimination suit that he brought against the hospital alleging that he was subject to discriminatory comments by another physician.

In determining the amount of the award, the judge instructed the jury to consider the “offensiveness of Novartis’ behavior, the nature and extent of the harm done, the length of time the class endured the behavior, the extent to which Novartis knew about the discrimination and how they reacted once they were on notice,” as well as the company’s financial condition.  Each of the 5,600 members of the class could receive up to $300,000 in damages, potentially increasing the company’s liability by hundreds of millions of dollars.  The plaintiffs also plan on seeking back pay damages in the amount of $37 million.  The suit is the largest discrimination matter to ever be tried in the country so far.  Novartis has stated that it plans on appealing the verdict, and stands behind its policies that set “the highest standards with regards to diversity and inclusion for the development of our employees.”

The class certification order can be found here.

 Articles on this case: 

 http://blogs.wsj.com/juggle/2010/05/21/novartis-ruling-offers-lesson-on-family-friendly-workplaces/

 http://www.inc.com/news/articles/2010/05/novartis-gender-bias-case-opens-door-for-more-lawsuits.html

 http://www.lasvegassun.com/news/2010/may/21/novartis-hit-with-250m-punitive-damage-award/

 http://www.latimes.com/business/la-fi-novartis-20100520,0,7106473.story

 http://www.upi.com/Business_News/2010/05/18/Novartis-to-appeal-sex-discrimination-case/UPI-21041274212411/

 http://www.foxbusiness.com/story/markets/industries/health-care/jury-finds-novartis-guilty-gender-discrimination/

 http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2010/05/16/bloomberg1376-L2KOVC07SXKX-4.DTL

 http://abcnews.go.com/Business/wireStory?id=10668532

 http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2010/05/16/bloomberg1376-L2KUJ90D9L35-4.DTL

 http://www.law.com/jsp/article.jsp?id=1202458331182&Jury_Finds_Sex_Bias_by_Novartis_Supports_Punitive_Damages

MS – A federal jury awarded $40,000 in back pay and $165,000 for pain and suffering to a former teacher who alleged she was fired as a result of racial discrimination.

NY – A federal jury found in favor of a local television station in a sexual harassment suit brought by a former reporter who alleged she was harassed and then fired in retaliation after she complained. 

NY – A federal jury found in favor of Cornell University in an age and sex discrimination suit brought by a former employee who alleged she was discriminated against when her contract was not renewed by the university.

NJ – An appellate court affirmed the trial court’s verdict in favor of the employer in a disability discrimination case.  The court rejected the plaintiff’s “cat’s paw theory” argument and found that the jury had properly found that the plaintiff had failed to prove pretext on the part of the employer.

OH – A federal jury found in favor of the city employer in a race discrimination and retaliation suit brought by a former employee who alleged he was discharged for opposing discriminatory practices in the workplace.

MI – A jury found in favor of the city of Detroit in a whistleblower suit brought by a police officer who alleged he was harassed and retaliated against while he was serving as former Mayor Kwame Kilpatrick’s bodyguard.

KY – A former Cracker Barrel employee brought suit against the restaurant chain alleging sexual harassment and hostile work environment claims after she was ordered by her manager to remove her shirt and iron it in an area open to other employees, but did not subject male employees to the same treatment.

MO – A former St. Louis Cardinals’ intern brought suit against the organization under the Missouri Human Rights Act alleging race and gender discrimination after she was assigned different job duties than other employees and eventually discharged.

IN – Wal-Mart will pay $11.7 million to settle a sex discrimination suit brought by the EEOC on behalf of a group of female employees who alleged they were denied warehouse jobs because of their sex.  The settlement also requires the company to provide jobs to eligible female class members.

IL – A beverage distribution company will pay $50,000 to settle a disability discrimination suit brought on behalf of a former employee who claimed she was terminated after requesting medical leave.  According to the EEOC, the company had a policy that allowed employees to take leave only during certain months of the year.

PA – A McDonald’s franchisee has agreed to settle a disability discrimination suit for $90,000 brought on behalf of a former employee who alleged he was harassed due to his disability.

WY – A wholesale supplier will pay $33,000 to settle a sexual harassment and retaliation suit brought on behalf of a female employee who alleged she was harassed by a male co-worker and then by the manager to whom she complained about the harassment.

MO – A St. Louis construction company agreed to pay $17,000 to settle a disability discrimination suit brought by the EEOC on behalf of a former worker who alleged he was regarded as disabled by the company due to a history of liver and kidney problems.

HI – A car dealership has agreed to pay $32,500 to settle a disability discrimination suit brought on behalf of a job applicant who alleged his offer was revoked after a drug test revealed his use of prescription medications. 

WA – A tire services company will pay $2 million to settle a sex discrimination case brought on behalf of a class of female workers who alleged they were denied service jobs despite being qualified.

TN – A concrete company has agreed to pay $135,000 to settle a national origin and age discrimination and retaliation suit brought against one of its subsidiaries on behalf of an employee who alleged he was harassed and demoted because of his age and national origin, and then retaliated against for complaining.

AZ – A bottling and distribution company will pay $33,000 to settle a disability discrimination suit brought on behalf of a former employee who alleged he was fired because he had diabetes.

MN – A dry cleaning company has agreed to settle a pregnancy discrimination suit for $42,250 brought on behalf of a former employee who was transferred and then fired after she became pregnant.  According to the EEOC, the company had a policy of transferring pregnant employees from plant to store positions.

MD – A staffing services company will pay $115,000 to settle a religious discrimination suit brought on behalf of two Jewish employees who alleged they were subject to harassment by their managers and co-workers.

WI – An egg processing company has agreed to pay $50,000 to settle a disability discrimination suit brought by the EEOC on behalf of a former employee who alleged she was fired because she had epilepsy.

MO – A charter school company agreed to a $570,000 settlement in a pregnancy discrimination suit brought on behalf of two former employees who alleged they were not rehired by the company because they were pregnant.

WI – A staffing services company will pay $75,000 to settle a disability discrimination suit brought on behalf of an applicant who alleged he was not referred for a job because he was deaf.

WI – A Milwaukee manufacturing company has agreed to pay $35,000 to settle a sexual harassment and discrimination suit brought on behalf of a female employee who alleged she was harassed because of her sex.

AZ – A Sedona tour company will pay $35,000 to settle an age discrimination suit brought on behalf of a former employee who alleged she was fired after just two days on the job because of her age.

HI – Kmart has agreed to pay $120,000 to settle an age discrimination and retaliation suit brought on behalf of a former employee who alleged she was harassed and retaliated against because of her age until she was eventually forced to quit.

TX – A rental company will pay $21,500 to settle a religious discrimination suit brought on behalf of a former employee who alleged he was fired after he refused to participate in a company practice intended to show support for the military.  The employee informed the company that his religious beliefs as a Jehovah’s Witness did not permit him to participate in the practice and requested an accommodation, but the company ignored his request and then fired him.

GA – A Baptist Church school has agreed to pay $53,000 to settle two pregnancy discrimination suits brought on behalf of a former employee who was fired because she was pregnant, and a job applicant whose offer was rescinded after the school learned of her pregnancy.

IL – A baking company will pay $350,000 to settle a national origin discrimination and retaliation suit brought on behalf of a group of employees who alleged they were harassed because of their national origin and then retaliated against for complaining about the harassment.

In Bess v. Hecker, 08-2184, a federal court jury in Trenton, N.J., found that Laurence Hecker of Toms River, N.J., and APM Financial Services, the debt-collection servicing company he represented in collection issues, were dual employers and therefore jointly liable for discriminating against a black employee, Steven Bess.

In proving that Hecker maintained the requisite control over plaintiff to establish that he was an employer, the fact that the company presented itself to the public as “The Law Office of Laurence Hecker” was heavily relied upon.  “The Law Office of Laurence Hecker” was on the outside of the building; Hecker had an office inside APM; and APM paid all rent and utilities associated with the maintenance of Hecker’s law office.  In addition, employees considered the attorney to be an employer.  Plaintiff’s evidence suggested that all the debt-collection work at APM was actually performed on Hecker’s behalf and that the employees considered themselves working for him as an employer.

Hecker argued that he didn’t even belong in the case.  There was no evidence Hecker had a role in any workplace bias, and he gave un-rebutted testimony that he never even had a conversation with Bess.  The alleged bias was perpetrated by an APM supervisor.  His only supervisory role was to ensure that agents comply with the Federal Debt Collection Practices Act and he had no authority to hire workers and was “not sure” if he had authority to fire employees because he had never done so.

But it was clear that the work space and phone number were the same for both Hecker and APM, although Hecker claimed that he had an office at APM only because he figured that if he had to travel to the company it should provide him with space to work.  Further, Hecker and the company had the same telephone number.  When the joint employer questions was brought to the jury, it was determined that Hecker was a dual-employer.  The jury found Hecker and the company liable for $95,000 in compensatory damages and added $600,000 in punitives in the March 15 verdict. 

This case shows that a jury can and will judge a book by its cover.  While the company took full responsibility for employee relations, Hecker could not overcome the fact that APM presented itself to the public to under his name and was intertwined with the agency’s operations on a day-to-day basis.  It is tough to convince anyone, whether judge or layman, that an entity has no control over the employment relations of an individual when your name is on the door and you are in the office on a day-to-day basis to oversee operations.  Even if an entity is not responsible for employee relations on paper, when there is absolutely no separation between the operations of both entities in other aspects of business operations it is tough to argue that there is separation in the employment context only.

Law.com has the story here.

Contributed by Michael Wilson Stoker

NY – A federal jury awarded $1.25 million to a high school student who alleged he was subject to racial harassment by fellow students.

MI – In another suit against a school district, a jury awarded $800,000 to a student who alleged he was bullied by classmates and sexually harassed.

PA – A federal appeals court affirmed the trial court’s verdict in favor of Penn State University in a gender and race discrimination suit brought by a university professor who alleged she was treated differently than her colleagues with respect to her raises and promotions.

CA – A federal judge affirmed a jury’s $2.5 million verdict in favor of a female firefighter who alleged she was subject to discrimination by the city because of her gender.

OH – A federal jury awarded $1.83 million to a former city employee who alleged she was discriminated against because of her race and disability and then retaliated against for complaining about the discrimination.

MO – A federal appeals court increased the district court’s award of punitive damages from $20,500 to $54,750 in a sexual harassment case brought by a low-income housing tenant against her landlord.  The court also awarded the tenant $78,000 in attorneys’ fees.

NY – A federal jury found in favor of a female police officer who alleged she was subject to sexual discrimination and retaliation by the city.  The judge reduced the jury’s award from $650,000 to $400,000.

AZ – Boeing agreed to pay $380,000 to settle two sexual harassment and retaliation claims brought on behalf of female employees who alleged they were discriminated against and harassed by male coworkers and managers.

PR – The University of Puerto Rico has settled an age discrimination suit brought by the EEOC alleging that the university discriminated against older employees with respect to their pension system.  The agreement specifies that the court will appoint an official to process and resolve the employees’ claims, estimated at over $200,000.

PA – A software company will pay $175,000 to settle an age discrimination suit brought on behalf of a former vice president who alleged he was fired because of his age and replaced by an employee 15 years younger.

CA – Landwin Management, a hotel operator, has agreed to pay $500,000 to settle two national origin bias and sexual harassment suits brought on behalf of several employees who alleged they were not hired due to their national origin, and a group of female employees who alleged they were sexually harassed.

LA – Columbia Sussex Corporation agreed to settle a sex discrimination and retaliation suit brought on behalf of a male employee who alleged he was treated differently than a female coworker and then retaliated against after he complained.  The settlement consists of paying compensation to the employee for his losses, and rehiring him at one of the company’s properties.

OR – A funeral chapel agreed to pay $62,500 to settle a disability discrimination suit brought on behalf of a former employee who alleged she was fired after she needed a wheelchair.

GA – An Atlanta clothing company will pay $40,050 to settle an age discrimination suit brought on behalf of a former store manager who alleged she was subject to disparate treatment and ultimately terminated because of her age.

IL – A federal district court approved distribution of a $6.2 million settlement in an ADA discrimination suit against Sears, Roebuck & Company on behalf of a class of employees who were terminated pursuant to the company’s workers’ compensation leave policy.  The EEOC identified 235 employees who were eligible to share in the award.  According to the EEOC, the settlement is the largest in a single ADA suit in EEOC history.

CA – A solar power company agreed to settle a disability discrimination suit for $30,000.  The suit was brought by the EEOC on behalf of an employee who was fired hours after beginning work once her supervisor discovered she was paralyzed in one arm.

NC – Branch Banking & Trust will pay $24,000 to settle a disability discrimination suit brought on behalf of a bank teller who was denied a reasonable accommodation for her hearing impairment.

CA – Big Lots, Inc. agreed to pay $400,000 to settle a race harassment and discrimination suit brought on behalf of a group of African American employees who alleged they were harassed and discriminated against by their supervisor and coworkers.

PA – UPS Freight will pay $46,000 to settle a religious discrimination suit brought on behalf of a former employee who alleged he was fired because of his religious beliefs which required him to keep a beard and long hair.

CO – Oldcastle SW Group, Inc. agreed to pay $498,000 to settle a sex discrimination and retaliation suit brought on behalf of a former employee who alleged she was harassed and discriminated against by her managers and coworkers and then terminated after she complained about the treatment.

CA – A California appellate court reversed a 6.2 million jury verdict in favor of an African American firefighter for failure to exhaust administrative remedies.  The firefighter had sued the city of Los Angeles alleging race, gender, and sexual orientation discrimination.

CA – A police officer was awarded $125,000 in a reverse discrimination and retaliation suit against the Los Angeles Police Department.

NY – A federal jury awarded nominal damages to a sheriff’s deputy in his racially hostile work environment suit against the county upon finding that he had been subject to a hostile work environment but had not suffered any damages.

NY – A jury found in favor of the county employer in a sex discrimination suit brought by a former employee who alleged he was fired after being accused of sexual harassment by a female employee.

CA – A California appeals court affirmed a $3,127,500 jury verdict in favor of a police officer in a retaliation case.  The court found substantial evidence supporting the finding that the adverse employment actions were motivated by retaliation.

DC – A jury returned a $289,669 verdict in favor of a pharmaceutical sales representative who alleged she was retaliated against for taking FMLA maternity leave.  The verdict amount will be automatically doubled under the Act’s liquidated damages provision.

MS – A judge overturned a jury verdict in favor of an African American teacher who alleged he was retaliated against after he complained of race discrimination.

PA – A federal jury returned a $6.5 million verdict in favor of an industrial manufacturer that alleged retaliation by four PA Department of Environmental Protection employees who engaged in environmental enforcement actions against the company.  The jury found that the state employees were not immune from suit because they acted outside the scope of their employment and improperly enforced environmental laws.

PA – A federal jury found in favor of the school district in a race discrimination suit brought by a former principal who alleged he was discriminated against with respect to his retirement benefits.

NY – A hotel employee was awarded $3 million by a federal jury in a retaliation suit against his employer after the employer installed a hidden camera to monitor the employee after he complained of harassment.

MS – A federal judge denied a motion to overturn a jury’s $100,000 verdict in favor of a university professor who alleged she was retaliated against by the university after she complained of gender discrimination.

VA – The Department of Veterans’ Affairs has settled a race bias suit brought by a group of African American employees who claimed they received lower bonuses and compensation than their white co-workers.  The settlement consists of a $5 million payout to be distributed among the employees.

VA – The Fourth Circuit vacated a $10 million punitive damages award in a race discrimination suit brought by a minority-owned subcontractor whose contract was not renewed by DynCorp, a defense contractor.  The court upheld the jury’s finding of liability against DynCorp, but vacated the punitive damages award for lack of evidence that DynCorp terminated the contract “’in the face of a perceived risk that [its] decision would violate federal law.”

AL – A federal jury awarded $2.7 million to a female employee who alleged she was sexually harassed by her manager.

WA – A jury found in favor of the state and the Department of Corrections in a sexual harassment and retaliation suit brought by a former officer who alleged he was harassed by two female supervisors and then transferred in retaliation.

OR – A federal jury awarded $164,000 to a former University of Oregon professor who alleged she was subject to a hostile work environment based on her race and national origin.

KY – A federal jury awarded $150,000 in a sexual harassment suit brought by a female employee who alleged she was harassed by her supervisor.   

TX – The court of appeals affirmed a $300,000 compensatory damages award in a hostile work environment suit brought by a city employee.

PA – The Third Circuit vacated a $52,000 punitive damages awarded entered in favor of a former police chief in a discrimination suit.  The appellate court upheld the liability finding.

MO – The court of appeals reversed the trial court’s finding in a reverse discrimination suit brought under the Missouri Human Rights Act against the city by an applicant for a municipal judge appointment.  The appellate court found that the Act did not apply to municipal judges because they were not “employees” within the meaning of the Act.

NY – The Second Circuit affirmed the trial court’s ruling in favor of the city employer in a race and gender hostile work environment and wrongful termination suit.

CA – A California appeals court reversed a $6.2 million verdict in a race, gender, and sexual orientation discrimination suit brought by a former firefighter against the city of Los Angeles.  The appeals court found that the plaintiff had failed to exhaust her administrative remedies.

TN – On remand to the trial court, the plaintiff in the U.S. Supreme Court case of Crawford v. Metro. Gov’t of Nashville and Davidson County (which held that the retaliation clause protects employees who report discrimination in response to a question) was awarded $420,000 in compensatory damages, over $480,000 in back pay, and $727,000 in front pay damages.

IL – Merchant State Bank agreed to pay $50,000 to settle a disability suit brought on behalf of a former employee who was prevented from returning to work after he underwent cancer treatment.

NV – A Las Vegas car dealership will pay $110,000 to settle a sexual harassment suit brought on behalf of a group of female employees who alleged they were harassed and sexually assaulted by co-workers and managers.

PA – Vanguard Group, Inc., agreed to a $300,000 settlement in a racial bias suit brought on behalf of an African American job applicant who was denied a position because of her race.

AZ – Two property management firms agreed to a $30,000 settlement in a disability discrimination suit brought on behalf of a disabled employee who alleged he was fired because of his disability and denied a reasonable accommodation.

WA – A debt collection agency will pay $55,000 to settle a disability discrimination suit brought on behalf of a job applicant who was denied a position because she was blind.

CO – A car dealership agreed to pay $1.5 million to settle a sex and age discrimination suit brought on behalf of a group of female employees who were subject to harassment and a group of male employees who were terminated because of their age.

TX – Saks Fifth Avenue will pay $170,000 to settle a disability discrimination suit brought on behalf of a former employee who alleged she was fired because of her disability.

AL – A restaurant agreed to pay $16,500 to settle a pregnancy discrimination suit brought on behalf of a female employee who alleged she was not allowed to return to work following her pregnancy.

OH – A car dealership will pay $85,000 to settle a class action suit brought on behalf of a group of African American employees who alleged they were subject to a racially hostile work environment and retaliation.

TX – A cap manufacturing company agreed to a $21,500 settlement in a sexual harassment and constructive discharge suit brought on behalf of a female employee who was subject to harassment in the workplace.

GA – A car dealership will pay $140,000 to settle a race discrimination suit brought on behalf of an African American employee who was subject to a racially hostile work environment.

IL – A medical device supplier agreed to pay $250,000 to settle a race discrimination suit brought on behalf of an employee who was terminated because of his race.  The company also agreed to reinstate the employee as part of the settlement.

NY – The Village of Mineola agreed to pay $237,072 to settle a class action suit brought on behalf of a group of firefighters who alleged they were discriminated against because of their age by being denied accrual of service credits toward their retirement benefits.

TN – Memphis Goodwill Industries, Inc., will pay $105,000 to settle a race discrimination and retaliation suit brought on behalf of an African American employee who was fired after complaining of discrimination in the workplace.

NJ – A non-profit community development organization agreed to pay $25,000 to settle a religious discrimination and retaliation suit brought on behalf of a former employee who was fired after he refused to contribute money to a cause that conflicted with his religious beliefs.

GA – U.S. Security Associates, Inc., agreed to pay $79,880 to settle a pregnancy discrimination and retaliation suit brought on behalf of a former employee who was subjected to discriminatory treatment because of her pregnancy and then fired after complaining about it.

IL – An automobile parts manufacturer will pay $428,500 to settle a sexual harassment and retaliation suit brought on behalf of a class of female employees who were subject to harassment in the workplace and retaliation for complaining about it.

GA – An assisted living facility agreed to pay $43,000 to settle a religious discrimination suit brought on behalf of a former employee who was fired for wearing a head scarf in accordance with her religious beliefs. 

MO – EaglePicher Technologies, LLC, has agreed to pay over $35,000 to settle a retaliation suit brought on behalf of a former employee who was fired after she complained of sex discrimination.

NY – A community hospital agreed to settle a disability discrimination suit for $142,500 that was brought on behalf of a former employee who alleged she was denied a reasonable accommodation for her diabetic condition.

AZ – Two Phoenix car dealerships will pay $500,000 to settle a hostile work environment suit brought on behalf of five former employees who alleged they were constructively discharged after they complained of the harassment.

SC – A non-profit disability services organization agreed to pay $80,000 to settle an age discrimination suit brought on behalf of a 73-year-old man who alleged he was denied a position because of his age.

TX – A group of telemarketing companies will pay $37,000 to settle a sexual harassment suit brought on behalf of two female employees who alleged they were harassed by the company’s human resources managers.

OH – Bahama Breeze, a national restaurant chain, has agreed to pay $1.26 million to settle a class action suit brought on behalf of a group of African American employees who alleged they were subject to repeated racial harassment by management.

TX – The City of North Richland Hills will pay $75,000 to settle an age discrimination suit brought on behalf of a former employee who alleged he was subject to harassment that eventually forced him to resign.

CO – Albertsons, LLC, a grocery chain, agreed to an $8.9 million settlement in a race, color, and national origin discrimination and retaliation suit brought on behalf of a group of former and current employees who were subject to harassment and discriminatory treatment.

TX – Economy Finance agreed to pay $65,000 to settle a disability discrimination suit brought on behalf of an employee who was fired after refusing to take a medical exam that was unrelated to her ability to perform her job.

MO – Allstate Insurance will pay $4.5 million in settlement of a class action suit alleging age bias during a company reorganization.

IN – A communications and marketing company agreed to pay $60,000 to settle a race and disability discrimination suit brought on behalf of a former employee who was fired after being sent to take a drug screening by the company.

IL – Aaron Rents, Inc., has agreed to remedial relief, including manager training, in settlement of a sexual harassment suit brought on behalf of a female employee who was harassed and sexually assault by a manager. 

MN – An airline company entered into a consent decree providing payment of $130,000 to five employees who alleged they were subject to religious discrimination by being forced to work on certain days of the week.

MI – A rehabilitation center agreed to pay $15,000 to settle a religious discrimination suit brought on behalf of an employee who was refused a reasonable accommodation for her religious beliefs which required her to wear a certain religious object on her person.

TN – Whirlpool Corporation has agreed to pay over $1 million to settle a race and sex discrimination suit brought on behalf of a female employee who alleged she was harassed and then physically assaulted by a male coworker.

CO – Outback Steakhouse agreed to a $19 million settlement in a class action suit alleging sex discrimination against female employees who were denied promotions and certain job assignments.  The settlement also requires the company to hire a human resources executive and implement an online application system for management positions.

IN – A construction company agreed to pay $31,000 to settle a retaliation suit brought on behalf of a former employee who alleged he was no longer given work after he filed a discrimination charge against a close acquaintance of the company.

TN – A waste processing company will pay $650,000 to settle a race discrimination and retaliation suit brought on behalf of a group of African American employees who alleged they were subject to racial harassment and retaliated against for complaining about it.

Awards in employment law claims – A study shows that the median jury award for employment law claims was $326,000 in 2008, which is an increase of about 60%.  The median settlement amount was reported at $90,000.  The same study reports that retaliation claims were awarded the most money, and age and disability discrimination claims received higher jury awards than sex and race discrimination claims.

Summary of EEOC claims statistics – This article provides statistics on the increase in EEOC charges from 2007 to 2008, as well as the total amount of money collected by the agency as a result of the charges.

MD – In Doyle v. Rite Aid Corp., a Maryland federal district court granted summary judgment for the employer on a disability discrimination claim because the employee had failed to show that she could perform the essential functions of her job as store manager with or without a reasonable accommodation.  The court noted that the employer was not required to hire additional staff to perform the essential functions of the disabled employee’s job.

TN – The University of Tennessee will pay $350,000 to settle a reverse race discrimination suit brought by three former university police officers.

IL – The Chicago Commission on Human Relations found in favor of a former employee who was terminated after she called in sick to care for her daughter.  The Commission awarded her $215,000 in damages plus attorneys’ fees.

FL – A federal jury returned a verdict in favor of the Clermont Police Department and the city in a race discrimination suit brought by a police officer who claimed he was denied a promotion and harassed because of his race.

WI – In St. Jean v. Board of Regents of the University of Wisconsin, a federal district court granted summary judgment in favor of the university in a national origin and race discrimination suit brought by a former professor after her contract was not renewed.  The court found that the plaintiff had failed to establish a prima facie case of discrimination because she could not show that she was performing her job satisfactorily.

NJ – A jury awarded $500,000 in punitive damages and $150,000 in lost wages and emotional distress damages to a former employee who was fired after she complained of sexual harassment by a co-worker.

OH – A jury found in favor of a school district in a harassment and retaliation suit brought by a former bus driver who alleged she was fired because of a previous wrongful termination suit she brought against the district.