EEOC Reports Job Bias Charges Hit Record High of Nearly 100,000 in Fiscal Year 2010

Retaliation Surpasses Race as Most Frequent Allegation; Agency Obtains $404 Million for Victims

The U.S. Equal Employment Opportunity Commission (EEOC) today announced that private sector workplace discrimination charge filings with the federal agency nationwide hit an unprecedented level of 99,922 during fiscal year (FY) 2010, which ended Sept. 30, 2010.

The FY 2010 data show that the EEOC filed 250 lawsuits, resolved 285 lawsuits, and resolved 104,999 private sector charges. Through its combined enforcement, mediation and litigation programs, the EEOC secured more than $404 million in monetary benefits from employers — the highest level of monetary relief ever obtained by the Commission through the administrative process — to promote inclusive and discrimination-free workplaces.

The FY 2010 enforcement and litigation statistics, which include trend data, are available online at http://www.eeoc.gov/eeoc/statistics/enforcement/index.cfm.

Measurement Incorporated Pays $110,000 To Settle Religious Discrimination Lawsuit

The EEOC had charged that Measurement Incorporated discriminated against Jacqueline Dukes when it fired her for refusing to work on her Sabbath. Dukes is a member of a Christian denomination called Children of Yisrael which prohibits its members from working on the Sabbath, from sunset on Friday until sunset on Saturday.

In addition to the $110,000 in back pay and compensatory damages, the three-year consent decree resolving the case (EEOC v. Measurement, Inc., Civil Action No. 1:10-cv-00623 in U.S. District Court for the Middle District of North Carolina) includes injunctive relief enjoining Measurement Incorporated from engaging in further religious discrimination and requiring anti-discrimination training; the posting of a notice about the EEOC and its lawsuit against the company; and regular reporting by the company on its handling of religious accommodation requests.

Supervalu / Jewel-Osco to Pay $3.2 Million under Consent Decree for Disability Bias

CHICAGO – A federal judge today signed a consent decree for $3,200,000 and extensive remedial relief resolving the U.S. Equal Employment Opportunity Commission’s (EEOC) disability discrimination lawsuit against supermarket giants SUPERVALU INC., American Drug Stores LLC, and Jewel Food Stores, Inc. (collectively referred to as “Jewel-Osco”).

The consent decree resolving the case, signed this morning by Federal District Chief Judge Ronald Guzman, provides for a fund in which 110 individuals will share, bringing the average award to approximately $29,000 per claimant. In addition to the monetary relief, Jewel-Osco is required to ensure that its employees involved in m aking accommodation decisions undergo training on the requirements of the ADA and on the types of accommodations that are available to return their employees to the workplace.

Haven Manor Settles EEOC Disability Discrimination Suit

LINCOLN, Neb. – A Lincoln assisted living center has agreed to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In the consent decree submitted to the court today for approval, Haven Manor agreed to pay Huff $10,000 in settlement of the EEOC claim. The company also agreed to provide training to all management and supervisory employees on the topics of disability discrimination and reasonable accommodation under the ADA. In addition, Haven Manor agreed for three years to provide the EEOC a report of every request for reasonable accommodation made by its employees or staffing agency employees seeking to be placed with Haven Manor.

Wilmington Subway Operator to Pay $55,000 to Resolve Sexual Harassment Complaint

WILMINGTON, N.C. — SKMATCH, Inc., the operator of a Subway restaurant in Wilmington, N.C., will pay $55,000 and furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that two female employees were subjected to a sexually hostile work environment at one of SKMATCH’s Subway restaurants in Wilmington.

In addition to the $55,000 in compensatory damages to be divided between Miller and a second victim, the five-year consent decree resolving the lawsuit includes injunctive relief that requires SKMATCH to (1) refrain from engaging in sexual harassment or retaliation; (2) revise its sexual harassment policy to include procedures for reporting and resolving sexual harassment complaints; (3) conduct anti-discrimination training; (4) post a notice about the settlement; (5) distribute its revised policies prohibiting sexual harassment; and (6) report certain complaints of harassment to the EEOC for monitoring.

Crothall Healthcare to Pay $88,000 to Settle EEOC Pregnancy Discrimination Suit

LITTLE ROCK, Ark. – Crothall Healthcare, Inc., a Pennsylvania-based nationwide provider of support services to health care institutions, will pay $88,422, reinstate a fired employee and furnish other relief to settle a pregnancy discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Besides the monetary relief and reinstatement for the employee, the two-year consent decree enjoins Crothall from discriminating against any female employee based upon her sex, including pregnancy, childbirth or any related condition, and enjoins defendant from retaliating against an employee for complaining about perceived discrimination.

In addition, the decree requires Crothall to comply with anti-discrimination laws; amend its equal employment opportunity and non-discrimination policy to include specific reference to pregnancy, childbirth, or any related condition; conduct pregnancy discrimination and retaliation training for all managers and supervisors; and post notices about employment discrimination laws and this lawsuit. The company must also submit semi-annual reports to ensure compliance with the law.

Pharmacy Giant Omnicare Will Pay $195,000 Under Consent Decree Ending EEOC Sex Harassment Case

MADISON, Wis. – Pharmacy giant Omnicare, Inc. will pay $195,000 to a class of five female sex discrimination victims under a consent decree entered by Magistrate Judge Stephen Crocker on December 21, 2010 in federal court in the Western District of Wisconsin. manager’s behavior repeatedly, but no action was taken by Omnicare to put a stop to it.

Under the terms of the two-year consent decree settling the suit, Omnicare will pay $195,000 to the class of five women. In addition to monetary damages, the decree provides for injunctive relief enjoining Omnicare from maintaining a sexually hostile work environment or engaging in retaliation. The decree also requires the company to distribute its policy against sexual harassment along with a confidential survey assessing the company’s complaint reporting system, provide annual sexual harassment training for employees, and provide periodic reports to the EEOC.

CasaBlanca Resort & Casino Settles Age Bias Suit By EEOC For $60,000

LAS VEGAS – The U.S. Equal Employment Opportunity Commission (EEOC) today announced the simultaneous filing and $60,000 settlement of its age discrimination lawsuit against Las Vegas-based Black Gaming LLC and CasaBlanca Resort and Casino, LLC, which own and operate the CasaBlanca Resort & Casino in Mesquite, Nev.

Aside from the monetary relief, the parties entered into a three-year consent decree in which the companies agreed to:
• designate an EEO compliance officer;
• develop procedures to address complaints of discrimination, harassment and retaliation;
• provide annual training for its supervisory and human resources staff regarding age discrimination;
• provide similar training for all new hires;
• hold supervisory and human resources staff accountable for compliance with EEO policies via their performance evaluations;
• post a notice on the matter; and
• submit annual reports regarding these efforts to the EEOC for the duration of the decree.

United Airlines Settles EEOC Disability Discrimination Suit

SEATTLE — United Airlines has agreed to settle a federal lawsuit alleging that the company violated the Americans With Disabilities Act (ADA) when it refused to allow employees with disabilities to work reduced hourly schedules as a reasonable accommodation, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.

In addition to paying $600,000 to a group of reservation agents with disabilities, United will end its blanket policy against reduced hourly schedules and provide training to staffers who administer United’s reasonable accommodation process, according to the terms of a three-year consent decree approved by the court (EEOC v. United Airlines, C-06-01407 TSZ).

Home Instead Senior Care to Pay $150,000 to Settle EEOC Race Bias Suit

BALTIMORE — Hi Care, Inc., doing business as Home Instead Senior Care, will pay $150,000 and furnish other relief to settle a race discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Title VII of the Civil Rights Act of 1964 makes it illegal for employers to make decisions about job assignments based on an employee’s race. The EEOC filed suit after first attempting to reach a voluntary settlement.

In addition to the monetary settlement, Hi Care is enjoined from any further practice which permits its customers or clients to dictate the assignment of caregivers based on the customer’s racial preference. Additionally, Hi Care agrees to monitoring by the EEOC; to annually train all current and newly hired recruiters and human resources personnel; implement a policy prohibiting race-based assignments; and post notices affirming the company’s commitment to maintaining an environment free of race discrimination.