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Selected List of Pending and Resolved Cases Involving the Asian American and Pacific Islander (AAPI) Population from 2003 to the Present

(As of October 2015)

PENDING:

2015

American Casing and Equipment, Inc.: (D.N.D.) filed on 5/27/15 by Chicago District Office - EEOC alleges that defendant, an oilfield service company, subjected Charging Party to a hostile work environment based on his race and national origin (Filipino). The harassment included disparaging remarks, such as: "non-white m-----f----r," "non-white guy," "n----r," and "monkey".  EEOC also alleges that on one occasion, the manager urinated on Charging Party while he worked under a truck. A supervisor witnessed the harassment but did not take any corrective measures. When Charging Party complained about the harassment, he was terminated in retaliation.

Cudd Energy Services: (D.N.D.) filed on 4/16/15 by Chicago District Office - EEOC alleges that defendant, an oilfield service company, discriminated against Charging Party when it subjected him to harassment based on his race (Asian) and terminated his employment in retaliation for his complaints about the racial harassment. The harassment included remarks, such as: "little Asian" and "chow." EEOC also alleges that defendant refused to call Charging Party by his name and wrote "chow" on his uniform and hard hat. Charging Party asserts he was physically assaulted by the supervisor during an employee meeting. He complained about the harassment to supervisors and filed a police report regarding the assault. Defendant terminated Charging Party's employment because of his race and in retaliation for his complaints of discrimination.

2014

Wisconsin Plastics, Inc.: (E.D. Wis.) filed on 6/09/2014 by Chicago District Office - EEOC alleges that a class of Hispanic and Hmong employees were terminated based on their national origin because they lacked fluent English language skills that were unnecessary to do their jobs.  Despite having a record of satisfactory work performance, the employees were replaced by non-Hmong, non-Hispanic workers

2013

Farmers Insurance Exchange: (E.D. Cal.) filed on 9/30/13 by Los Angeles District Office -EEOC alleges that Farmers Insurance fired two Southeast Asian-American employees due to their race (Hmong), and then unlawfully fired a third non-Asian employee in retaliation for his participation in the EEOC's investigation.  EEOC further alleges that only the Asian-American claims representatives were targeted for termination for improper coding of claims even though the evidence revealed that at least one other non-Asian employee also had improperly coded claims.

2011

Signal International, LLC: (S.D. Miss.) filed 4/20/11 by Birmingham District Office - EEOC alleges a class of Indian employees, i.e. welders, pipefitters, and shipfitters in Mississippi and Texas, were subjected to labor trafficking and a hostile work environment based on national origin (Indian) and/or race (Asian) in violation of Title VII. EEOC alleges that Signal discriminating against the Indian employees by subjecting them to disparate, segregated, and discriminatory treatment concerning the terms and conditions of employment and a pattern and practice of discrimination.  In addition, Signal retaliated against the class members because they opposed Signal's unlawful conduct.

RESOLVED:

2015

National Tire and Battery: (N.D. Ill.) resolved on 10/20/2015 by Chicago District Office - EEOC alleged that Charging Party, an Arab and Muslim mechanic, was subjected to harassment because of his religion and national origin.  The harassment included: manager and co-workers regularly calling him "Taliban," "al-Qaeda," "bin Laden," and "terrorist" and accused him of making bombs. EEOC also alleged that Defendant was aware of the harassment because managers witnessed some of the offensive comments and Charging Party complained, but Defendant failed to take corrective measures. Case settled for $22,500 to the former employee, as well as injunctive relief, including training of managers on EEO law. 

Patterson-UTI Drilling Company LLC: (D. Colo.) resolved 4/17/15 by the Phoenix District Office - EEOC alleged that Defendant, Patterson-UTI Drilling Company LLC, a multistate oil drilling company, engaged in a nationwide pattern or practice of discrimination based on race and national origin on its drilling rigs, including assigning minorities to the lowest level jobs, failing to train and promote minorities, and disciplining and demoting minority employees disproportionately.  EEOC also alleged that Patterson-UTI tolerated a hostile work environment, which included frequent and pervasive barrages of racial and ethnic slurs, jokes, and comments, as well as verbal and physical harassment and intimidation of minority employees.  EEOC further asserted employees who opposed or complained about discriminatory practices suffered retaliation, including discriminatory discipline and discharge.  The minority employees subjected to such conduct were Asians, Native Hawaiian or other Pacific Islanders, American Indian, Alaska Natives, African-Americans, Hispanics or Latinos, and biracial people.  The case was settled for $14.5 million and extensive injunctive relief. 

2014

Global Horizons, Inc. d/b/a Global Horizons Manpower, Inc., et. al.: (D. Haw.) default judgment entered on 8/22/14 and obtained by Los Angeles District Office - EEOC initially filed this suit against Global Horizons and six farms in Hawaii in April 2011 alleging a pattern and practice of national origin and race discrimination, harassment and retaliation against Thai farm workers who were brought into the U.S. to work under the H2-A visa program.  High recruitment fees created a great debt for the Thai workers who faced abuses on the farms such as slapping, punching, humiliation, heavy surveillance and threats of being shot, deported or arrested.  The Hawaii district court found Global Horizons liable for pattern or practice of harassing, discriminating, and retaliating against hundreds of Thai workers.  (See order entered 3/19/14).  The court, subsequently, entered a default judgment against Global Horizons and Maui Pineapple, finding them jointly liable for $8.7 million in damages. (12/19/14 order).  (See below for settlements with other Hawaii farms).

Global Horizons, et. al (Mac Farms of Hawaii, LLC (nka MF Nut Co., LLC); Kauai Coffee Company, Inc., (nka McBryde Resources, Inc.), Kelena Farms, Inc. and Captain Cook Coffee Company, Ltd.: (D. Haw.) resolved 9/5/14 by Los Angeles District Office -  EEOC alleged that a class of Thai agricultural workers were trafficked to the U.S. under H2-A visas and subjected to deplorable working conditions, including but not limited to harassment, lower wages, prohibited from leaving farm, threats of deportation.  Defendant, a farm labor contractor and several farms, also retaliated against the workers, some of whom subsequently escaped and sought help.  EEOC and several farms settled case for $2.4 million and injunctive relief. 

2013

Global Horizons/Del Monte Fresh Produce: (D. Haw.) resolved 11/18/13 by Los Angeles District Office - EEOC alleged that a class of Thai agricultural workers were trafficked to the U.S. under H2-A visas and subjected to deplorable working conditions, including but not limited to harassment, lower wages, prohibited from leaving farm, threats of deportation.  EEOC further alleged that Defendants, a farm labor contractor and several farms including Del Monte, also retaliated against the workers, some of whom subsequently escaped and sought help.  Del Monte agreed to settle claims against it for $1.2 million and injunctive relief. 

Mesa Systems: (D. Utah) resolved 9/27/13 by Phoenix District Office - EEOC alleged that Defendant, a moving and storage company, subjected Charging Parties to national origin discrimination, including but not limited to derogatory slurs and a restrictive language policy which disparately impacted Hispanics and Asian/Pacific Islanders. After Charging Parties complained to Defendant, they suffered retaliation, including terminations and reductions in hours.  Case settled for $450,000 and injunctive relief.

Spitzer Management, Inc., and Spitzer Motor City Inc.: (N.D. Ohio) resolved 9/12/2013 by Philadelphia District Office - EEOC alleged that Charging Parties and similarly situated individuals were subjected to hostile work environment based on their national origin (Nigerian/African, Korean, Yemeni, Lebanese) and ethnicity.  The harassment consisted of comments such as "jungle bunny, monkey, gorilla, slant eye, wax on wax off, Ali Baba, and angry Muslim" among other comments as well as disparaging graffiti.  EEOC further alleged that Defendant retaliated against charging parties and similarly situated individuals leading up, in some cases, to constructive discharge.  Case settled for $100,000 and injunctive relief.

Northwest Motorsport, Inc.: (W.D. Wash.) resolved 8/27/13 by San Francisco District Office - EEOC alleged that Charging Party, a Filipino male internet marketing manager, was subjected to demeaning comments involving his national origin and purported sexual attributes.  Despite his complaints to management, the harassment continued.  Ultimately, Charging Party was forced to quit due to the continuance of the lewd and offensive comments.  Case settled for $80,000 and injunctive relief.

2012

Scully Transportation: (C.D. Cal.) resolved 9/27/12 by the Los Angeles District Office - EEOC alleged that three Charging Parties (East Indian, Hispanic, Black and perceived Muslim) and a class of similarly situated individuals were subjected to verbal harassment and disparate treatment because of their national origin, race and religion.  The harassment consisted of comments such as referring to the East Indian employees as "Taliban" and "camel jockey."  Case settled for $630,000 and injunctive relief. 

Central California Foundation of Health d/b/a Delano Regional Medical Center: (E.D. Cal.) resolved 9/17/12 by Los Angeles District Office - EEOC alleged that the Filipino-American hospital workers, mostly nursing staff, were the targets of harassing comments, undue scrutiny and discipline particularly when speaking with a Filipino accent or in Filipino languages like Tagalog or Ilocano in violation of Title VII.  Supervisors, staff, and even volunteers constantly berated and reprimanded Filipino-American employees, made fun of their accents, ordered them to speak English among other things. The class members endured humiliating threats of arrest if they did not speak English and were told to go back to the Philippines. Case settled for $975,000 to be distributed among a class of approximately 70 Filipino-American hospital workers as well as injunctive relief, including development of strong protocols for handling harassment and discrimination, adoption of a language policy that complies with Title VII and hiring of EEO monitor to assist Delano to comply with the terms of the agreement, among other things. 

United Council of Human Services (UCHS): (N.D. Cal.) resolved 4/12/12 - EEOC alleged that Charging Party, a peer advisor of Samoan descent, was denied a promotion and discharged because of her national origin (Samoan) and pregnancy in violation of Title VII.  Just days prior to beginning her maternity leave, the charging party learned that a co-worker (male and non-Samoan) had been promoted to Supervisory Peer Advisor despite having fewer qualifications and less experience than Charging Party.  Then when Charging Party attempted to return to work after her maternity leave, she was turned away and later informed that her job was eliminated due to funding cuts.  Yet, evidence established that UCHS hired a male, also not Samoan, to replace Charging Party on the Peer Advisor graveyard shift during her maternity leave, and continued to work there after she was terminated.  Case settled for $10,000 and injunctive relief, including reinstatement of Charging Party to Peer Advisor position. 

Rugo Stone LLC: (E.D. Va.) resolved 3/6/12 by Charlotte District Office - EEOC alleged that Charging Party, a male estimator and assistant project manager, was subjected to derogatory comments from his supervisors, project manager and the company's owner on the basis of his national origin (Pakistani), religion (Islam), and color (Brown).  Case settled for $40,000 and injunctive relief.

2011

Federal Insurance Company d/b/a Chubb & Son: (E.D. Wis.) resolved 4/23/11 by Chicago District Office - EEOC alleged Charging Party was denied a promotion because of her race (Asian) and national origin (Hmong).  Defendant's managers used stereotypes and negative assumptions based on race when considering Charging Party for a promotion. Defendant, a property and casualty insurance giant with business worldwide, retaliated against Charging Party after she filed a complaint with EEOC.  Case settled for $110,000 and injunctive relief. 

2010 

Pace Services: (S.D. Tex.) resolved 4/20/10 by the Houston District Office - EEOC alleged that Charging Party, a truck driver of East Indian national origin and Muslim religion, was subjected to harassing comments ("Taliban," "Al-Queda," and "terrorist") from his coworkers and supervisor in violation of Title VII.  Defendant failed to take corrective action, despite complaints by charging party.  Instead, the supervisor fired the charging party.   EEOC further alleged that the same supervisor regularly referred to African Americans as "n-----s and to Hispanics as "f-----g Mexicans." Case settled for $122,500 and injunctive relief.

Titan Concrete: (W.D. Tenn.) resolved 3/1/10 by Memphis District Office - EEOC alleged that company officials harassed and discriminated against Charging Party, a Thai-American employee, because of his East Asian national origin and age. Charging Party, a sales technician, was called "J-p" (although he is of Thai ancestry, not Japanese), subjected to insensitive ageist comments, and then removed from the sales department and demoted to a driver job because of his age and national origin. After he complained about the discrimination, he was further harassed, including being assigned to defective trucks, and repeatedly threatened with firing. Further, after Titan moved Charging Party out of sales, it hired two unqualified white men into that department, without an application process that would have given Charging Party the chance to apply for the positions. Ultimately, Charging Party resigned after the work environment at Titan became too hostile to endure.  Case settled for $135,000 and injunctive relief.

2008

National Wholesale Liquidators: (E.D.N.Y.)  resolved 10/23/08 by the New York District Office - EEOC alleged that Charging Parties and a class of employees were subjected to harassment because of their race (Asian), national origin (South Asian/Indian, Pakistani), religion (Sikh) and at least one female worker was sexually harassed and subjected to discrimination on the basis of her religion when her manager told her to remove her religious headdress because she "would appear sexier without it."  The harassment consisted of derogatory comments such as "all Indians are nasty, all you Indian ladies make me sick."  They were also forbidden from speaking native language while on breaks and retaliated against when they complained.  Case settled for $255,000 and injunctive relief.

U-Haul of Nevada: (D. Nev.) resolved 2/12/08 by Los Angeles District Office - EEOC alleged that a class of Hispanic and Asian/Filipino employees was subjected to derogatory comments and slurs based on their race and/or national origin such as "go back to Mexico."  Filipino mechanics were denied promotions while less qualified White employees were promoted.  Case settled for $153,000 and injunctive relief.

2007

Arrow Electronics: (D. Mass.) resolved 1/22/07 by New York District Office - EEOC alleged that Charging Party, a Cambodian female assembler, was discriminated against based on her national origin when Defendant terminated her temporary position and withdrew its offer for permanent employment based on her inability to read, write and understand English despite the fact that Defendant employed other assemblers of different national origin who did not speak English.   Case settled for $30,000 and injunctive relief. 

2006

The Lubrizol Corp. & Noveon, Inc.: (D. Mass.) resolved 12/15/06 by New York District Office - EEOC alleged that Charging Party was subjected to a hostile work environment by his co-workers, and constructively discharged based on his race (Asian) and national origin (Chinese/Vietnamese).  The harassment included but was not limited to ethnically derogatory names, ridiculing his accent and sabotaging his work.  Despite complaints, Defendant, a Fortune 500 producer and marketer of specialty chemical products, took no corrective action.  A second employee was terminated in retaliation for supporting the first employee's claims.  Case settled for $414,000 and injunctive relief. 

Trans Bay Steel Corp: (C.D. Cal.) resolved 12/8/06 by Los Angeles District Office - EEOC alleged that a class of Thai nationals under H2B visas were held against their will, had their passports confiscated, had their movements restricted, and were forced to work without pay.  Additionally, some workers were confined to cramped apartments without any electricity, water, or gas.  The workers were made to pay exorbitant "fees" to the recruiting company which kept them in involuntary servitude.  Ultimately, some of the workers escaped the slave-like conditions.  Case settled for $1,024,104 in monetary relief and injunctive relief. 

John Pickle Co. Inc.: (N.D. Okla.) resolved 10/16/06 by Dallas District Office - EEOC alleged that a class of 52 Indian employees was forced to work in contravention of their visa status for less than minimum wage and subjected to disparate terms and conditions such as being forced to work and live in substandard conditions, not allowed to leave premises, among other things.   They also suffered a hostile work environment which included psychological and physical intimidation, as well as threats of arrest, prosecution and deportation.  EEOC obtained a judgment in amount of $1,321,802.80 for FLSA and EEOC claims. Of this total, the amount of $826, 596.64 is attributable to EEOC's claims.

2005

The Plaza Hotel, Fairmont Hotel, et. al.: (S.D.N.Y.) resolved 6/7/05 by the New York District Office - EEOC alleged that a class of Muslim, Arab and South Asian employees was subjected to severe and pervasive harassment because of their national origin and/or religion. The harassment consisted of derogatory comments related to 9/11 terrorist attacks, such as  "Osama," "Taliban," "terrorist," and "dumb Muslim".  Case settled for $525,000 and injunctive relief. 

2003

The Herrick Corporation d/b/a Stockton Steel: (E.D. Cal.) resolved 3/18/03 by the San Francisco District Office - EEOC alleged that four charging parties were subjected to ridicule and harassment during their daily Muslim prayer obligations, mocked because of their traditional dress and repeatedly called "camel jockey" and "raghead" based on their national origin (Pakistani) and religion (Muslim).  Case settled for $1.11 million and injunctive relief.