The Laconic Law Blog

Today’s update on recent jury verdicts and settlements after the page break.

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The U.S. Equal Employment Opportunity Commission announced today two settlements with restaurants.

The first, here, announced a settlement with Razzoo’s, a Dallas/Fort Worth-based Cajun food restaurant chain, for $1 million.  The case was a sex discrimination lawsuit filed by the EEOC alleging discrimination against a class of male applicants and employees.  “The EEOC said that Razzoo’s refused to hire or promote men to the position of bartender in its restaurants.  Razzoo’s management set up and communicated to managers by e-mail a plan for an 80-20 ratio of women to men behind the bar, the EEOC said.  Male applicants and servers were expected to testify at trial . . . that managers told them Razzoo’s wanted mostly “girls” behind the bar.  Men who worked as servers at the restaurants were generally denied promotion to bartender because of their gender.  The few men who were promoted to bartender were not allowed to work lucrative “girls-only” bar­tend­ing events.”

The second, here, involved Specialty Restaurants in Los Angeles.  The $625,000 settlement resolves class claims of sexual harassment and retaliation at banquet facilities.

The U.S. Equal Employment Opportunity Commission announced a $1.65 million settlement in a racial harassment case in Pennsylvania today.  According to the press release, “The EEOC said that harassment included a life size noose made of heavy rope hung from a beam in a class member’s work area for at least 10 days before it was removed; the regular use of the “N-word”; racially offensive comments made to black individuals, including “I think everybody should own one”; “Black people are no good and you can’t trust them”; and “Black people can’t read or write.” Additionally, racist graffiti was present written in portable toilets, with terms such as “coon”; “If u not white u not right”; “White power”; “KKK”; and “I love the Ku Klux Klan.””

TX — The U.S. Justice Department settled a lawsuit on behalf of American Airlines pilots who were allegedly denied them accrual of benefits while on military leave.  (Another story here.)

IN — The EEOC announced that a Fort Wayne, Indiana, staffing company will settle an age, race and retaliation discrimination lawsuit brought by the agency.  The company will pay a total of $580,000 and will also pay up to $5,000 in settlement administrative expenses.  The lawsuit alleged that the agency failed to refer African American applicants and applicants age 40 for work assignments and also retaliated against employees who objected to these referral practices.

KS — The EEOC announced that Wal-Mart will pay $300,000 to settle a case involving a disabled applicant for employment.

TX — State trooper formerly part of governor’s security detail wins racial discrimination and retaliation lawsuit.  The jury awarded $520,000 in lost wages and $100,000 for mental suffering.  His attorneys are expected to seek $260,000 in fees and costs.  (Additional coverage here.)

CA — 9th Circuit Court of Appeals upholds $600,000 jury verdict for prison guard subjected to sexual harassment by inmates.

NM — EEOC announces $250,000 settlement of race discrimination case against Coca-Cola Bottling Co.

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NY — USAToday reports that Xerox has settled a race discrimination class action for $12 million.  The case involved allegations of discriminatory territory assignments.

(Hat tip to New Jersey Employment Law Blog.)

VA — “Butt print” artist receives $65,000 in settlement with school district in First Amendment wrongful discharge lawsuit.   The former high school teached in Richmond, Virginia, was fired after a YouTube video surfaced showing his unique painting method.

MA — $350,000 verdict in favor of nine American Airlines skycaps over the charging of a $2 fee by the airline for curbside luggage service.  The skycaps alleged that the airline violated the Massachusetts Tips law by not disclosing that the fee was not a tip.  (Commentary on the verdict from The Washington Post here.)

MS — U.S. district judge orders new trial in sexual harassment case resulting in $757,000 jury verdict against Jackson Fire Department.

The EEOC announced two settlements today. 

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IL — Story on defense verdict in sexual harassment case.  The plaintiff alleged that his boss showed up in silk pajamas on a business trip and tried to seduce him.

LA — EEOC announces that Centenary College will pay $200,000 to settle sex discrimination case.  The case involved the termination of the women’s basketball coach allegedly because she had a child.

CO — EEOC announces that Dillards will pay $500,000 to settle a sexual harassment class action case involving 12 women who were allegedly harassed by an assistant store manager in two states.

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.”

MA — Former police Sgt. awarded $400,000 in punitive damages by jury in sexual harassment lawsuit against city.

CA — Ex-security guard awarded $827,500 in sexual assault case.  She previously settled claims against other defendants for $300,000.  The jury returns April 10 to consider her claims for punitive damages.

MA — The EEOC announced a $1.5 million settlement, as well as significant injunctive relief, on behalf of African American workers who were racially harassed and then retaliated against for complaining about it.

CA — The Manpower Employment Law Blawg also has a story on a $1.4 million verdict in California.

NY — Consent decree entered between employer and Department of Labor requires employer to repay $1.5 million into pension fund due to underfunding and improper transfer of fund assets.

St. Louis — Woman awarded over $1 million by jury in sexual harassment lawsuit.  The plaintiff claimed that the CEO of her employer “made repeated sexual advances that she resisted, threw her onto a bed on a trip to Chicago, made frequent sexual innuendoes in her presence, often commented about her anatomy and finally fired her.”

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.

TX — Flight attendant awarded $15.6 million in harassment suit against harasser.  Employer was dismissed prior to trial.  Plaintiff intends to appeal that ruling.  (Hat tip to Ohio Employer’s Law Blog).

MA — $1.4 million verdict in sexual harassment and retaliation case against corrugated container company.

CA — $4.1 million settlement in “Lobstergate” case involving retaliation against police officers who reported co-workers diving for lobsters while on duty.