Growth Opportunities offers help classroom and online…

Growth Opportunities offers all independent HR consultants a group of offerings designed to address the areas of (1) preventing sexual harassment, (2) helping leaders ethically and legally abide by all fair management practices as dictated by state and federal law, and (3) the critical area of business ethics that can get an individual and an organization into so much trouble. By the way… Our offerings are constantly quality and accuracy checked by Reg Jones, a practicing employment law attorney and former chairman of the EEOC.

All you need do is go to www.growthopportunities.org to see our offerings. Then if you are interested call Dave Erdman at 262-649-4382.

Helping organizations stay out of the rising tide of lawsuits and EEOC complaints, each of which has significant consequence, is of critical importance in these difficult economic times. It will help your customers lead a more profitable and ethical business.

Pollard Agency Pays $49,556 To Settle EEOC Religious Discrimination Lawsuit

PRESS RELEASE
5-20-10

ATLANTA – The Pollard Agency, a Fruithurst, Ala.-based contract security company, will pay more than $49,000 to settle a religious discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The consent decree settling the suit, in addition to the monetary relief of $49,556, includes provisions for equal employment opportunity training, reporting, and postings. In the suit and consent decree, Pollard denied any liability or wrongdoing.

Arbonne International to Pay $30,000 To Settle EEOC Disability Discrimination Suit

Agency Charged That Greenwood Warehouse Refused to Hire Deaf Applicant

INDIANAPOLIS – A large skin care products company with a distribution center in Greenwood, Ind., will pay $30,000 to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC charged in its suit (Case no. 1:09-CV-0354-LJM-TAB in U.S. District Court for the Southern District of Indiana, Indianapolis Division) that Arbonne International LLC violated federal law by refusing to hire Lisa Wilson due to her disability (deafness).
Such alleged conduct violates the Americans With Disabilities Act (ADA). The EEOC filed suit after first attempting to reach a pre-litigation settlement.

In addition to the monetary settlement, the 18-month consent decree provides for Arbonne to comply with prohibitions against further discrimination, post and distribute a policy of non-discrimination, train its employees and report to the EEOC.

Danella Construction To Pay $200,000 For Sex Discrimination And Retaliation

EEOC Said Utilities Contractor Refused to Hire Women As Laborers

PHILADELPHIA — A Plymouth Meeting, Pa., utility contractor which specializes in the telephone, gas, electrical and water industries has agreed to pay $200,000 and furnish significant remedial relief to settle a federal sex discrimin­ation and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The two-year consent decree settling the case will provide $150,000 in monetary relief to Drozdowski and $50,000 to four other class members. The consent decree also provides substantial equitable relief, including enjoining Danella from discriminating based on sex or retaliation and requiring Danella to make adequate portable toilets available for all its female employees at its work sites. Danella must also provide annual training for all managers and supervisors at its Plymouth Meeting facility regarding employee rights and employer responsibilities under Title VII, and post a notice regarding the settlement. Danella did not admit liability in the consent decree, which is pending judicial approval.

Lawry’s Restaurants, Inc. to Pay $1 Million For Sex Bias Against Men in Hiring

EEOC Says Males Categorically Rejected for Server Jobs Under Longstanding Company Policy

LOS ANGELES – The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of a sex discrimination class action lawsuit for $1,025,000 and far reaching injunctive relief against Lawry’s Restaurants, Inc., doing business as Lawry’s the Prime Rib, Five Crowns, and Tam O’Shanter Inn (Lawry’s), for allegedly failing to hire men into food server positions for decades. Lawry’s is a California-based corporation operating restaurants in Las Vegas, Chicago, Dallas, Los Angeles, Beverly Hills and Corona del Mar, Calif.

In its lawsuit, the EEOC charged Lawry’s with maintaining a longstanding companywide policy of hiring only women for server positions in violation of Title VII of the Civil Rights Act of 1964, which prohibits sex-based discrimination. The EEOC’s involvement was initiated by a charge of discrimination filed in March 2003 by a male applicant in Las Vegas.

The EEOC filed suit on March 31, 2006, in the U.S. District Court for the Central District of California (CV 06-1963 DDP (PLAx)) after investigating the charge of discrimination, finding merit, and first attempting to reach a voluntary settlement out of court. In investigating the case, the EEOC found that Lawry’s policy barring men from being hired as servers had existed since 1938, despite the enactment of Title VII a quarter century later. While, Lawry’s claimed the policy was based on tradition, the EEOC found the policy adversely affected a class of men on the basis of sex.

Under the consent decree resolving the case, Lawry’s has agreed to change its longstanding policies and practices, and to actively promote the hiring of men into server positions. The three-year decree, pending approval before the Hon. Judge Dean D. Pregerson, requires Lawry’s to:
* Provide monetary relief and develop a class fund in the amount of $500,000;
* Hire a claims administrator to identify and distribute the monies to the class of individuals;
* Pay over $300,000 to institute an advertising campaign regarding the hiring of food servers;
* Pay $225,000 for training all of its employees on compliance with Title VII and related laws;
* Revise its hiring and other policies and practices to comply with Title VII;
* Appoint an equal employment opportunity officer to ensure compliance with the decree;
* Report to the EEOC on the progress under the terms of the decree; and
* Post a Notice at all of its restaurants in at least three locations frequented by employees.

NEW EEOC Postings…

PRESS RELEASE
8-21-09
RAMPANT SEX HARASSMENT COSTS LOWE’S $1.7 MILLION IN SETTLEMENT OF EEOC LAWSUIT
Home Improvement Giant Subjected Young Workers to Physical and Verbal Abuse, Retaliation
SEATTLE – The U.S. Equal Employment Opportunity Commission (EEOC) today announced a major settlement of a discrimination lawsuit under Title VII of the Civil Rights Act against Lowe’s Home Improvement Warehouse, Inc. for $1.72 million and significant remedial relief on behalf of three employees in their twenties who were subjected to a pervasive sexually hostile work environment and retaliated against for complaining about it.

In addition to the $1,720,000 in monetary relief for the three victims, the three-year consent decree resolving the case requires Lowe’s to provide comprehensive training to management, non-management, and human resources employees in all Washington and Oregon stores. Employees will be trained on what constitutes harassment and retaliation, and on their obligation not to harass or retaliate against any individual. Managers and supervisors will be trained on what constitutes harassment and retaliation, their obligation to provide a discrimination-free work environment, and their responsibilities if an employee complains about harassment or retaliation, or if they observe it. Human resources personnel will be trained on what constitutes harassment and retaliation, how to institute policies and practices to correct past discrimination and prevent future occurrences, informing complainants about the outcome of internal investigations, and the steps Lowe’s will take to assure a discrimination-free workplace in the future.

PRESS RELEASE
8-20-09
WILCOX FARMS SETTLES EEOC SEXUAL HARASSMENT AND RETALIATION SUIT FOR $260,000, OTHER RELIEF
Federal Agency Says Latina Employee Forced to Quit to Escape Abusive Supervisor
PORTLAND, Ore. – Wilcox Farms, which operates dairy and egg production facilities in Oregon and Washington, will pay $260,000 and provide remedial relief to settle a federal sexual harassment and retaliation suit, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

Under the terms of the consent decree settling the suit, Wilcox Farms denied any wrongdoing but will pay Dominguez $260,000. The company also agreed to adopt and to distribute to all employees a sexual harassment policy written in both English and Spanish; make its complaint procedures more convenient for employees to report harassment and retaliation; conduct sexual harassment training in English and Spanish for all managers, supervisors and employees; and to provide various reports to the EEOC over a three-year period.

PRESS RELEASE
8-19-09
AUTO PARTS MANUFACTURER SETTLES EEOC AGE DISCRIMINATION SUIT FOR $80,000
Federal Agency Charged Freudenberg-NOK Refused to Hire Older Worker at N.H. Facility
BOSTON – Freudenberg-NOK General Partnership, an auto parts manufacturer based in Michigan with substantial operations in New Hampshire, will pay $80,000 and furnish other relief to settle an age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged Freudenberg refused to hire a man because of his age for a controller position at its Bristol, N.H., facility.

The settlement provides $80,000 to Poh to make him whole for his financial losses. In addition to the monetary payments, the consent decree resolving the litigation, approved by Judge Joseph A. DiClerico, enjoins Freudenberg from discrimin¬ating on the basis of age and from violating the Older Workers Benefit Protection Act when it seeks to have employees waive or release rights under the ADEA; mandates training of management on the requirements of the ADEA; and requires the issuance of a new anti-discrimination policy and the posting of a notice regarding the settlement.

PRESS RELEASE
8-19-09
PETSMART WILL PAY $125,000 TO SETTLE EEOC SEXUAL HARASSMENT AND RETALIATION LAWSUIT
Retailer Retaliated Against Woman Who Complained About Abuse, Federal Agency Charges

PHILADELPHIA — PetSmart, Inc., the nation’s leading retailer of services and products for pets, will pay $125,000 and furnish significant equitable relief to resolve a federal sexual harassment and retaliation lawsuit filed by the U.S. Equal Employ¬ment Opportunity Commission (EEOC), the agency announced today.

The two-year consent decree settling the suit, which is pending court approval, provides important equitable relief, including mandatory EEO training of all managers, supervisors, and employees about employee rights and employer obligations under Title VII; distributing the company policy prohibiting discrimination, harassment and retaliation to all employees; and posting an EEO notice advising employees of its policies against workplace discrimination.

PRESS RELEASE
8-14-09
INSURANCE AGENCY PAYS $30,000 TO SETTLE EEOC PREGNANCY DISCRIMINATION SUIT
Woman Unlawfully Denied Job Because of Pregnancy, Federal Agency Charges

AUSTIN, Texas — The U.S. Equal Employment Opportunity Commission (EEOC) announced today that an independent Austin-based insurance agency has agreed to pay $30,000 to settle an EEOC pregnancy discrimination lawsuit.

In addition to the monetary relief, the two-year consent decree settling the suit (Civil Action No. A08CA702LY, filed in U.S. District Court for the Western District of Texas) requires that the company implement a policy that prohibits discrimination, provide EEO training to its employees and post a notice in the workplace of its intent to fully comply with that law.

Affiliating with Growth Opportunities

You can find out more about taking advantage of these potential training events by affiliating with Growth Opportunities when you visit our website www.growthopportunities.org

Newest EEOC Settlements With Training

PRESS RELEASE
8-7-09
REGIS CORPORATION / SMARTSTYLE SETTLES EEOC RELIGIOUS DISCRIMINATION LAWSUIT
Stylist Fired Because of Refusal to Work on Sabbath, Federal Agency Charged

NASHVILLE, Tenn. – Regis Corporation, doing business as SmartStyle, will pay $26,250 and provide other relief to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

The EEOC’s suit (No. 3:08-0821, filed in U.S. District Court for the Middle District of Tennessee) had charged that Regis refused to reasonably accommodate stylist Kaneika Ramsey’s sincerely held religious belief that she could not work on Sunday. When Ramsey advised Regis of her religious belief and requested an accommodation, the EEOC said, Regis ignored the request and fired her from her job at a Murfreesboro, Tenn., SmartStyle.

Refusing to reasonably accommodate an employee’s sincerely held religious belief, absent undue hardship on the employer, violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary settlement out of court.
Besides providing monetary relief, the two-year consent decree settling the suit, signed by Judge Aleta Trauger on Aug. 6, 2009, requires Regis to amend its employee handbook to provide specific instructions for obtaining religious accommodation, and amend its management handbook to provide specific instructions for granting religious accommodation. The decree also mandates a number of record-keeping, posting and reporting requirements on religious accommodations, and requires training of management and hourly employees on Title VII’s requirements regarding religious discrimination and accommodation.

PRESS RELEASE
8-7-09
GRAND CENTRAL PARTNERSHIP SETTLES EEOC RELIGIOUS AND NATIONAL ORIGIN DISCRIMINATION SUIT
Caribbean Rastafarian Employees Treated Unfairly, Federal Agency Charged

NEW YORK – Grand Central Partnership, Inc. (GCP) has agreed to settle a religious and national origin discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. GCP was created by Midtown Manhattan property owners and businesses to revitalize the neighborhood surrounding Grand Central Terminal and it provides privately managed sanitation, maintenance and public safety operations.

The EEOC’s lawsuit, Civil No. 08-8023, filed in U.S. District Court for the Southern District of New York, charged that GCP discriminated against four public safety officers based on their religion (Rastafarian) and national origins (Caribbean, including Jamaican, Haitian and Trinidadian).

The consent decree settling the lawsuit provides for injunctive relief and policy changes including revised equal employment policies and procedures and related training for its managers and line employees. GCP will also pay $40,000 to resolve this matter, which will be distributed among the discrimination victims, and all grooming policy-related disciplinary notices will be removed from the their personnel files.

PRESS RELEASE
8-11-09
DRILLING COMPANY AGREES TO PAY $50,000 TO SETTLE RACIAL HARASSMENT, RETALIATION LAWSUIT
Latinos Bullied Black and White Workers, Held Spanish-Only Safety Meetings, Agency Charged

SAN ANTONIO – E&D Services, Inc., a Mississippi-based drilling company accused of engaging in racial harassment and retaliation against white and black employees at a South Texas work site, has agreed to pay $50,000 to settle a Title VII lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC’s lawsuit, four employees, three white and one black, experienced racial harassment while assigned to a drilling rig near Mirando City, Texas. The complainants accused the company of not taking steps to address incidents of harassment, including being subjected to racial taunts and mistreatment from Hispanic employees and supervisors working at the remote work site.

The complainants also asserted that their safety was threatened because E&D supervisors conducted safety meetings in Spanish only, and refused to interpret for them in English. White and black employees were told that they needed to learn Spanish because they were in South Texas. The employees said that instead of addressing their complaints of discrimination, E&D fired them.
Racial harassment and retaliation for complaining about it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Civil Action No. SA-08-CA-0714-NSN) in U.S. District Court for the Western District of Texas, San Antonio Division, after first attempting to reach a voluntary settlement.

In addition to agreeing to pay the aggrieved former employees $50,000, E&D Services also agreed to establish an effective anti-discrimination policy and to provide anti-discrimination training to its employees.

PRESS RELEASE
8-12-09
PATTERSON-UTI DRILLING AGREES TO PAY $45,000 TO SETTLE EEOC RACIAL HARASSMENT LAWSUIT
Native American Repeatedly Harassed at Colorado Drilling Rig, Federal Agency Charged

DENVER – Patterson-UTI Drilling Company, LP, LLLP, will pay $45,000 and furnish other relief to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commis¬sion (EEOC), the agency announced today.

According to the EEOC’s lawsuit, EEOC v. Patterson-UTI Drilling Company, LP, LLLP, 07-cv-02034 WYD-CBS, a Native American, employed from July through November 2005 as a floor hand or “rough neck” on a drilling rig in Gilcrest, Colo., was subjected to harassment based on his Native American race.

The EEOC’s lawsuit claims that the victim complained repeatedly to management but Patterson took no action. Rather, the harassment continued.

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based upon race, color, religion, sex, or national origin, as well as retaliation for complaining about such discrimination. Under the settlement, Patterson will pay the victim $45,000 and for three years will provide annual training for all of its Colorado employees on prohibited racial discrimination, harassment, and retaliation.

PRESS RELEASE
8-12-09
MATERIAL RESOURCES TO PAY $57,500 TO SETTLE EEOC RACE DISCRIMINATION AND RETALIATION LAWSUIT
Black Worker Fired for Protesting Unequal Treatment, Federal Agency Alleged

ST. LOUIS – A Washington Park, Ill., packaging and warehousing company will pay $57,500 and furnish other relief to settle a race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Oppor¬tunity Commission (EEOC), the agency announced today.
The suit alleged that Material Resources, LLC, which does business as Gateway Co-Packing Company, failed to provide a black employee the pay raise and health insurance coverage provided to his white co-workers, and then fired him in retaliation for filing a charge of race discrim¬ination with the EEOC. Race discrimination and retaliation for complaining about such disparate treatment violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Case No. 08-245-MJR) in federal district court in East St. Louis, Ill., after first attempting to reach a voluntary settlement out of court.

As provided in the consent decree settling the case, pending approval by U.S. District Judge Michael J. Reagan, Material Resources will pay the former employee $7,500 in back pay and $50,000 in compensatory damages. The company will also take steps to prevent discrimination in the future, including disseminating a letter to all employees from the company president stating that the company will comply with all federal anti-discrimination laws and enforce its policy prohibiting unlawful discrim¬ination. Additionally, Material Resources will provide training on race discrimination and retaliation to all supervisors, and instruct all supervisory employees that their effective handling of complaints of discrimination or retaliation will be considered in evaluating their performance for raises and promotions.

More Recent EEOC Items

PRESS RELEASE
7-29-09
AVI FOODSYSTEMS TO PAY MORE THAN $90,000 AND OFFER JOBS TO SETTLE DISABILITY BIAS LAWSUIT
EEOC Charged Food Service Giant Discriminated Against Disabled Workers

INDIANAPOLIS – Food service giant AVI Foodsystems, Inc. (AVI) will pay more than $90,000 and offer jobs to discrimination victims to settle a class disability discrimination suit brought by the U.S. Equal Employment Opportunity Commission, the agency announced today.

The EEOC charged in its suit (Case no. 2:09-cv-00656-JDH-MRA), filed in U.S. District Court for the Southern District of Ohio, Eastern Division, that AVI violated federal law by failing to allow employees with disabilities to return to work without a full-duty, no-restriction doctor’s release. The EEOC asserted that this policy violated the Americans With Disabilities Act (ADA). The agency said disabled employees who had been on leave and are able to return to work with some physical restrictions, but are still able to perform their jobs, should be allowed to do so. The policy adversely affected more than 80 AVI employees in several states, including Ohio, New York, Pennsylvania, Michigan, Illinois, Kentucky, and West Virginia.

The consent decree settling the suit provides that AVI will offer jobs to discrimination victims named in the decree, make payments to individuals who are not provided jobs, comply with the ADA, and train managers on the provisions of the ADA.

PRESS RELEASE
8-3-09
HOMETOWN BUFFET, INC. AGREES TO SETTLE SEXUAL HARASSMENT SUIT WITH EEOC
EEOC Says Women Subjected to Groping and Sexual Advances by Male Managers
SAN DIEGO — The U.S. Equal Employment Opportunity Commission (EEOC) today announced a class litigation settlement against Hometown Buffet, Inc., on behalf of teens and Latinas who were subjected to a sexually hostile workplace, including verbal and physical abuse, in violation of Title VII of the Civil Rights Act.

Specifically, the EEOC alleged that Hometown Buffet failed to prevent and tolerated a pattern of ongoing sexual harassment in which male managers, supervisors, and co-workers subjected female employees to a sexually hostile workplace, including groping, hugging, kissing, sexual advances, and stalking employees outside the workplace. One female victim was allegedly raped by a male co-worker. The EEOC further alleged that due to the female employees’ young age and/or lack of English proficiency, a breakdown in the company’s complaint process failed to adequately remedy the sexual harassment.

In addition to a monetary settlement of $710,000, the two-year consent decree resolving the matter will also ensure the implementation of measures to prevent and remedy sexual harassment at the company’s El Cajon location. These measures include annual training for employees, managers, and supervisors regarding sexual harassment and retaliation; a formal complaint procedure with close tracking of any future complaints; and, providing annual reports to the EEOC regarding future complaints and remedial action.