The Laconic Law Blog

The U.S. Equal Employment Opportunity Commission (EEOC) has issued a Q&A Guide addressing how the Americans with Disabilities Act (ADA) applies to performance and conduct issues.  The EEOC’s press release can be found here, and the Q&A Guide itself can be found here.

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According to an article in HR Magazine, a call center opened by the U.S. Equal Employment Opportunity Commission in March 2008 to field intake calls from individuals — along with placing their intake questionaire online — has resulted in a increase in charge filings.  We will have to wait and see whether these new avenues for filing charges of discrimination will dramatically change the 2008 intake figures.

MA — Jury awards former Cambridge city worker $4.5 million in retaliation lawsuit.  The verdict includes $3.5 million in punitive damages.  Another article is here.

CO — Boulder postal worker wins $200,000 in racial discrimination and harassment lawsuit.

NY — EEOC settles sex bias lawsuit against state corrections department for almost $1 million.  The case involved allegations of disparate treatment in medical leave benefits.

NY — Tavern on the Green agrees to pay $2.2 million to settle a discrimination and harassment action filed by the EEOC alleging harassment against females and minorities.  According to the EEOC’s press release, “The EEOC charged in the case that Tavern on the Green engaged in severe and pervasive sexual, racial, and national origin harassment of female, black, and Hispanic employees. The sexual harassment included graphic comments and demands for various sex acts, as well as groping of women’s buttocks and breasts. The racial and national origin harassment included epithets toward black and Hispanic employees and ridiculing Hispanics for their accents. The restaurant also retaliated against employees for refusing to consent to and/or objecting to the harassment, according to the EEOC.”  A consent decree has been submitted to the U.S. District Court in New York for approval of the settlement terms.

The Delaware Employment Law Blog has a post on the Tavern on the Green settlement here.

The EEOC announced two settlements today. 

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The EEOC announced the final approval by a U.S. district judge in Illinois of a $24 million settlement in a race discrimination class action against Walgreen’s.  According to the EEOC, “The consent decree provides for the payment of over $24 million to a class of thousands of African American workers and orders comprehensive injunctive relief designed to improve the company’s promotion and store assignment practices.  The EEOC filed its suit in March 2007 alleging that Walgreens discriminated against African American retail management and pharmacy employees in promotion, compensation, and assignment.”

The U.S. Equal Employment Opportunity Commission announced today the settlement of a racial harassment suit in Dallas, Texas, involving 15 black and hispanic airport workers for $1.9 million.  The consent decree also required diversity training for all of the employer’s U.S. facilities.

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The EEOC announced a $500,000 settlement today with The Vanguard Group, Inc., the mutual fund company, in connection with a retaliation lawsuit brought by the EEOC on behalf of a former employee.  The EEOC alleged that the employee was retaliated against by supervisors after he made complaints of discrimination against them.  The retaliation culminated in his termination.  The company also agreed in the consent decree settling the case to draft in plain English a policy opposing illegal discrimination, harassment and retaliation, to make the policy available to all employees; to have a complaint procedure for violations of company policies against discrimination and retaliation; and to provide anti-discrimination training to managers, supervisors and human resources employees. The company will also report to the EEOC on any complaints of unlawful retaliation it receives and on its compliance with the consent decree.

The EEOC announced the issuance of a new guide for employers today on the employment of veterans with service related disabilities and the ADA.  The Ohio Employer’s Law Blog has a good summary of the guide here.

The EEOC announced the approval of a settlement by a federal judge of a discrimination case in New York against a union.  The case involved allegations of underpayment of minority workers based on race and national origin.

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According to a press release by the U.S. Equal Employment Opportunity Commission, Target Corp. agreed in a consent decree filed in U.S. District Court in Wisconsin to pay $510,000 to settle a civil lawsuit brought by the agency alleging discrimination in hiring against blacks.

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The EEOC released a fact sheet today on employment tests and selection procedures.  It “provides technical assistance on some common issues relating to the federal anti-discrimination laws and the use of tests and other selection procedures in the employment process” and lists a number of “employer best practices” recommended by the EEOC.  The fact sheet also sets out several cases filed by the EEOC as illustrative of their position on screening practices.

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