Selected List of Pending and Resolved Cases Involving National Origin and/or Immigrant Workers from 2005 to the Present

(As of January 2016)

PENDING:

2015

Trans Ocean Seafoods, Inc., d/b/a New England Shellfish: (W.D. Wash.) filed 9/30/15 by San Francisco District Office:  EEOC alleges that Charging Parties, four Latina seafood harvesters (at least two of whom are of Mixtec origin), were subjected to explicit and graphic commentary about their body parts by their supervisor; spreading rumors about their purported sexual activities; spying on them as they attempted to use portable toilets; engaging in sexual bantering and joking regarding the women with certain male harvesters.  EEOC also alleges the company retaliated against three of the women and a male employee after one or more of them complained internally and three of the female victims filed EEOC charges about the supervisor's conduct. One of the female claimants, who does not allege retaliation, was forced to resign after management did nothing to stop the supervisor's ongoing sexual harassment. 

Glaser Organic Farms: (S.D. Fla.) filed 9/30/15 by Miami District Office: EEOC alleges that Charging Parties, kitchen employees of Hispanic national origin, were subjected to a hostile work environment by the kitchen manager at Glaser, an organic farm and kitchen. The harassment included comments such as, "[y]ou Mexicans are ignorant," "Mexicans are lazy," and "[t]hese Mexicans are stupid." One Charging Party asserts she was regularly referred to by her national origin (Guatemalan) and singled out based on color. EEOC additionally alleges that a Hispanic employee was fired in retaliation for filing a discrimination charge with the company.

Antonella's Restaurant and Pizzeria, Inc.: (S.D.N.Y.) filed 9/29/15 by New York District Office: EEOC alleges that Charging Parties, Hispanic employees, were subjected to a hostile work environment by the restaurant's co-owner on an almost daily basis. The harassment included slurs based on their national origin, requiring employees only speak English in the workplace, and less favorable treatment regarding leave and sick days.  EEOC further alleges that a Hispanic employee was fired in retaliation, after complaining about his mistreatment.

M.A. Jones, Inc.: (N.D. Cal.) filed 9/29/15 by San Francisco District Office: EEOC alleges that Charging Party, a woman of Mexican national origin employed as a janitor, was sexually harassed by her supervisor. The harassment included: sexually explicit comments and taking her to an isolated area and attempting to initiate sexual activity. Charging Party attempted to report the harassment to upper management, but management never responded to her calls, messages, or office visits. Charging Party was fired less than three months after refusing her supervisor's advances. 

Ryan's Pointe, LLC: (S.D. Tex.) filed 9/24/15 by Houston District Office: EEOC alleges that Defendant, an apartment complex, fired the Charging Party because of her Hispanic national origin (Mexican) and her pregnancy. After purchasing the apartment complex, Defendant sought to change the racial demographics of the tenants and staff, resulting in Charging Party's termination. EEOC asserts that managers visited the property and "expressed their displeasure over the fact that the property employed so many Hispanics." Additionally, after she informed Defendant about her pregnancy, Defendant harassed Charging Party about the amount of time she would take off due to the pregnancy. The harassment included a manager stating Charging Party was sure to take off the maximum time allowed "because that is what Mexicans do." 

King-Lar, Co.: (C.D. Ill.) filed 8/19/15 by Chicago District Office: EEOC alleges that Charging Party, a Puerto Rican employee, was harassed because of his national origin and color in violation of Title VII. The harassment included comments such as "spic," "n-----," "Mexican n-----," "wetback," "Puerto Rican n-----," and "n----- slave." EEOC further alleges that company managers witnessed the offensive language and received complaints but failed to take corrective action.

Columbine Management Services/New Mercer Commons: (D. Colo.) filed 7/27/15 by Phoenix District Office: EEOC alleges that Defendant discriminated against Ethiopian and Sudanese employees when it implemented a new employment exam that disparately affected the continuing employment opportunities of its small, minority African employee work force. One Charging Party alleges that after a change in management at the facility, the work conditions deteriorated, her performance was critiqued, she was disciplined, her annual merit-based raise was withheld, and management made hostile comments about her national original and accent.

Vail Run Resort Community Assoc., Inc. and Global Hospitality Resorts, Inc.: (D. Colo.) filed 07/27/15 by Phoenix District Office: EEOC alleged that Defendants engaged in unlawful discrimination by creating a hostile work environment based on sex and national origin (Mexican), and by retaliating against those who complained about or otherwise opposed the discrimination, or participated in an investigation or other proceeding under Title VII.  In particular, EEOC alleged that a class of Mexican female employees was subjected to a hostile work environment, including attempted rape, being groped, repeatedly propositioned for sex, and subjected to lewd images, by their manager. The female employees were also threatened with job loss and deportation if they refused the supervisor's advances, complained, or reported him to the police. Despite complaints to management, Defendants never undertook any corrective action. Instead, Defendants retaliated against the aggrieved individuals, including termination, for reporting harassment.  In a separate 2013 criminal case, a jury found the manager guilty of unlawful sexual contact and felony extortion. He later pled guilty to additional similar charges after the jury verdict.

American Casing and Equipment, Inc.: (D.N.D.) filed 5/27/15 by Chicago District Office: EEOC alleges that Defendant 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". 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.

2014

Lawler Foods, Inc.: (S.D. Tex.) filed 12/16/14 by Houston District Office: EEOC alleges that Defendant's hiring practice had a discriminatory impact on black and non-Hispanic applicants by excluding people on the basis of race or national origin. EEOC's investigation resulted in findings of class-wide hiring discrimination based on statistical and anecdotal evidence. EEOC alleges Defendant failed to hire qualified Black and non-Hispanic for entry level production, laborer and operative jobs.

County Fair Farms: (D. Me.) filed 10/21/14 by New York District Office: EEOC alleges that Charging party and a class of female farmworkers were subjected to a hostile work environment, including being groped, repeatedly propositioned for sex and subjected to lewd comments about their bodies by their supervisors and male co-workers while working at County Fair Farm because of their gender in violation of Title VII.  Despite repeated complaints, Defendant failed to take any action to correct the hostile work environment.  Instead, the women were subjected to retaliation, including termination and constructive discharge.

Roarck Whitten Hospitality, d/b/a Whitten Inn, et al.: (D.N.M.) filed 9/30/14 by Phoenix District Office: EEOC alleges that Hispanic and African American employees were subject to racial slurs, discrimination and a hostile work environment.  The discriminatory conduct included management prohibiting the employees from speaking Spanish and/or from speaking with an accent as well as requiring Hispanic and Black employees to change or Anglicize their names (i.e. Rogelio to Roger).  EEOC further alleges that several employees were fired in retaliation for complaining about discrimination.

Rhino Energy WV LLC d/b/a Rhino Eastern LLC: (S.D. W. Va.) filed 9/29/2014 by Philadelphia District Office: EEOC alleges that Charging Party, Polish mine worker, was subjected to taunting and slurs based on his Polish ancestry including "stupid Polack," a "dumb Polack," and displaying offensive graffiti about the Charging Party.  Despite complaints by Charging Party, Rhino Eastern failed to prevent harassment and instead fired him in retaliation for his complaints.

J&R Baker Farms LLC and J&R Baker Farms Partnership: (D. Ga.) filed 8/28/14 by Atlanta District Office:  EEOC alleges that American workers, most of whom where African American, were subjected to discrimination because of their national origin (American) and race (Black and Caucasian) when J&R Baker Farms favored foreign-born workers or workers they perceive to be foreign-born, in particular Mexican workers.  EEOC alleges that American workers were discharged, subjected to different terms and conditions of employment, and provided fewer work opportunities based on their national origin.

Wisconsin Plastics, Inc.: (E.D. Wis.) filed 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: (E.D. Cal.) filed 9/30/13 by Los Angeles District Office: EEOC alleges that two Charging Parties of Hmong descent were terminated because of their race (Asian) by Defendant.  The third Charging Party, Caucasian, was terminated in retaliation for his participation in the EEOC investigation. 

Peters' Bakery: (N.D. Cal.) filed 9/30/13 by San Francisco District Office: EEOC alleges that Charging Party, Mexican sales clerk, was subjected to ethnic and racial slurs by the principal owner.  EEOC further alleged that Defendant retaliated against the Charging Party by firing her when she refused to accept a layoff as well as when it sued her in small claims court for defamation after she filed her EEOC charge. 

2011

Koch Foods: (S.D. Miss.) filed 6/29/11 by Birmingham District Office: EEOC alleges that Charging Parties, poultry processing workers, and a class of employees were subjected to various forms of harassment based on sex and national origin, Hispanic.  The harassment included but was not limited to physical and sexual assaults, punching, hitting, and groping, threats of termination, denial of job transfers, denial of employee leave, and denial of bathroom breaks.  Some of the Charging Parties were also subjected to retaliation.

2010

JBS d/b/a Swift: (D. Colo.) filed 8/30/10 by Phoenix District Office: EEOC alleges that a class of Somali, Muslim employees at Defendant's meat packing facilities was discriminated against on the basis of their race (Black), national origin (Somali) and religion (Muslim). The hostile work environment consisted of derogatory graffiti, including but not limited to "Somalis are disgusting," "F-k Somalians, F-k Muslims."  Employees were also denied a religious accommodation to pray and/or practice religious beliefs and subjected to retaliation for requesting such accommodations and/or complaining of discrimination.

RESOLVED:

2015

Signal International, LLC: (E.D. La.) resolved 12/17/15 by Birmingham District Office: EEOC alleged a class of hundreds of Indian employees, i.e., welders, pipefitters, and ship fitters in Mississippi and Texas, were subjected to human labor trafficking and a hostile work environment based on national origin (Indian) and/or race (Asian).  The EEOC negotiated a $5 million settlement for the race and national origin claims.  This settlement is part of a larger $20 million settlement obtained by EEOC, Southern Poverty Law Center (SPLC), ACLU and other private attorneys following a $14 million verdict for 5 Indian guest workers. 

Suffolk Laundry, Inc.: (E.D.N.Y.) resolved 12/1/15 by New York District Office: EEOC alleged that Charging Parties, Latina female laundry workers, were discriminated against based on their gender when they were subjected to a sexually hostile work environment and retaliated against after they complained to Defendant's management.  In particular, EEOC alleged a manager regularly touched the women on their buttocks, hips, and backs, forcibly kissed them and made comments about their appearance and body parts.  Case settled for $582,000 to eight Latinas as well as injunctive relief including instituting new procedures, and mandating training on sexual harassment for all employees. 

National Tire and Battery: (N.D. Ill.) resolved 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 such as training to managers on what constitutes harassment and how to respond to complaints of harassment. 

Smokin' Spuds, Inc. d/b/a MountainKing Potatoes, and Farming Technology, Inc.: (D. Colo.) resolved 10/7/2015 by Phoenix District Office: EEOC alleged that Charging Parties, a class of Hispanic female farmworkers, were subjected to sexual harassment by managers, including but not limited to sexual touching, comments, gestures and sexual propositions.  They were also subjected to retaliatory conduct, including termination, for reporting harassment. Case settled for $450,000 and injunctive relief, such as, extensive training for employees, supervisors, and human resources officials on employment discrimination laws, letters of regret to the affected women, distribution of EEO policies.

Moreno Farms, Inc.: (S.D. Fla.) resolved 9/10/2015 by Miami District Office: EEOC alleged that Charging Parties, female Hispanic farmworkers, were subjected to sexual harassment and rape by a supervisor and his brother.  The supervisor made demands for sex with threats of firing on three different occasions, and then fired the woman when she refused to have sex with the supervisor's brother.   Also, the supervisor's brother raped one woman, and the supervisor's male assistant raped a different female worker.  Default judgment entered on 1/5/15.  A unanimous jury verdict awarded a total of $17,425,000 to the female farmworkers.

Z Foods d/b/a Zoria Farms, Inc.:  (E.D. Cal.) resolved 6/24/15 by Los Angeles District Office:  EEOC alleged that Charging Parties, a class of female Hispanic farmworkers, were subjected to sexual harassment, including but not limited to demands for sex by supervisors. They along with a class of male co-workers were subjected to retaliation, including termination, after reporting the discriminatory conduct to Defendant.  Defendant, a dried fruit producer, failed to take appropriate corrective action to stop the harassment and discriminatory conduct. Case settled for $330,000 and injunctive relief such as hiring EEO monitor, should company reopen for business. 

Pioneer Hotel and Gambling Hall: (D. Nev.) resolved 6/17/15 by Los Angeles District Office: EEOC alleged that since at least 2006, a class of Latino room attendants was repeatedly subjected to offensive, derogatory comments based on their national origin and the color of their skin.  Comments, included but were not limited to, "taco bell," "bean burrito," and "f-king aliens."  Management retaliated against charging parties after they complained. Case settled for $150,000 and injunctive relief, including hiring an outside EEO consultant to ensure the company implements effective anti-discrimination policies and procedures, training and establishment of a centralized system to track complaints.

Wal-Mart Stores East, LP: (D. Md.) resolved 6/12/15 by Philadelphia District Office: EEOC alleged that Charging Party, who is Gambian and Muslim, was subjected to national origin and religious harassment by the store manager.  The harassment included being told to "go back to Africa," "all Muslims do is blow up buildings and people," and mocking his accent.  After Charging Party complained of the harassment, Defendant's store manager retaliated by threatening to fire him and placing him on a one-year "coaching period," among other things. Case settled for $75,000 and injunctive relief.

NFI Interactive Logistics LLC: (N.D. Ill.) resolved 6/09/15 by Chicago District Office: EEOC alleged that Charging Party, Ghanaian, and a class of African-American employees were subjected to racial slurs and derogatory comments because of their race, Black, and national origin, Ghanaian.  The harassment included comments such as "ass monkeys," "lazy" and "dependent on government," as well as displaying a stuffed monkey with a cord or a rope tied around its neck or making it appear to be hanging. Case settled for $180,000 to five employees and injunctive relief such as providing anti-harassment training for certain human resource professionals and managers, and tracking and reporting future complaints of harassment.

Tiny's Organics LLC: (E.D. Wash.) resolved 5/4/2015 by San Francisco District Office:  EEOC alleged that Charging Party, a pregnant farmworker, was fired nine days after disclosing to the company that she was pregnant with twins, in violation of Title VII.  She was fired despite the fact that her doctor had cleared her to work with no restrictions. Case settled for $17,500 and injunctive relief, including annual training on anti-discrimination policies to all management and staff in both English and Spanish.

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.  Case settled for $14.5 million and extensive injunctive relief. 

Windmill Farms Nursery, Inc.: (M.D. Fla.) resolved 3/27/2015 by Miami District Office: EEOC alleged that Charging Parties, female Hispanic farmworkers, were subjected to sexual harassment by a supervisor including propositions, sexual touching, and one woman was fired for rejecting the supervisor's advances.  Case settled for $40,000 and injunctive relief.

2014

Dart Energy Corp., et al., (D. Wyo.) resolved 12/01/14 by Phoenix District Office: EEOC alleged Charging Parties, who are of Hispanic, Native American, and African American descent, were subjected to racial and ethnic slurs by Defendant's area manager and truck supervisor.  EEOC further alleged that minority workers were disciplined more harshly than their white counterparts and that black, Hispanic and Native American workers were given unfavorable job assignments.  After the Charging Parties complained and filed their charges, Defendant disciplined, demoted, laid off, or terminated them in retaliation.  Case settled for $1.2 million and injunctive relief.

Swissport Fueling Inc.: (D. Ariz.) resolved 11/25/14 by Phoenix District Office: EEOC alleged that Defendant, an airport fueling company, subjected a class of African workers to harassment because of their race, national origin, and/or color and retaliated against them by altering the terms and conditions of their employment, including changing the leave policy, suspending and terminating one class member and constructively discharging another. Swissport also failed to promote a class member based on his race, national origin, and/or color.  Case settled for $250,000 plus injunctive relief.

NSC Chicken LP: (W.D. Okla.) resolved 10/3/14 by St. Louis District Office. EEOC alleged that Charging Parties, Hispanic cooks, were not paid overtime wages as required by the Fair Labor Standards Act (FLSA) because of their national origin (Hispanic).  Case settled for $15,000 and injunctive relief.  

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 extensive injunctive relief. 

Roy Farms, Inc.: (E.D. Wash.) resolved 2/28/14 by San Francisco District Office: EEOC alleged that Charging Party and a class of Latino farmworkers were subjected to sexual harassment including but not limited to sexual and threatening comments, sexual touching, and other conduct by their male supervisor.  Despite complaints to management, no action was taken by Defendant.  Ultimately, Charging Party was forced to quit because he feared for his physical safety.  Case settled for $85,000 and injunctive relief.

2013

Mountaire Farms, Inc., d/b/a/ Mountaire Farms of North Carolina Corp.: (E.D.N.C.) resolved 11/25/13 by Charlotte District Office: EEOC alleged that Charging Party was fired in retaliation for his complaints about national origin discrimination.  Charging Party advised his supervisors and the human resources department that the Haitian workers were being treated poorly by Mountaire Farms' supervisors as compared to their non-Haitian coworkers.  They were harassed, denied bathroom breaks and training for higher-paying jobs while non-Haitian workers not subjected to similar treatment.  Defendant, an agricultural food processing company that operates a poultry processing facility, denied the allegations.  Case settled for $48,000 and injunctive relief.

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. 

Baird Tree: (E.D. Tenn.) resolved 11/4/13 by Memphis District Office: EEOC alleged that Defendant maintained a policy and practice of failing to pay Hispanic employees overtime pay while paying non-Hispanic American workers such wage premiums. EEOC also charged that Defendant threatened to fire employees after they complained about the wage discrimination.  Case settled for $19,000 in compensatory damages and injunctive relief.  (Back pay damages for lost wages was previously settled by Defendant.)   

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, and 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. 

Swift Aviation Group, et. al.: (D. Ariz.) resolved 7/29/13 by Phoenix District Office:  EEOC alleged that Charging Party was subjected to a hostile work environment because of his Turkish/Palestinian national origin and his Muslim religion. The alleged harassment included statements from supervisors such as, "I don't know why we don't just kill all them towel heads"; asking Charging Party why he was "dressed like [he was] gonna blow up the World Trade Center"; and derogatory jokes about Arabs. EEOC also claimed that Charging Party reported the harassment to another supervisor, but Swift Aviation failed to stop the harassment. Ultimately, the harassment was so bad that Charging Party was forced to resign his employment, according to EEOC. Case settled for $50,000 and injunctive relief.

River Point Farms: (D. Ore.) resolved 5/13/13 by San Francisco District Office: EEOC alleged that a Latina farm worker was subjected to sexual harassment, including but not limited to sexual comments and requests for sexual favors, by her supervisor.  The supervisor also encouraged the charging party's husband to engage in domestic abuse, culminating in his publically encouraging the woman's husband to kill her.  After her husband did try to kill her, the supervisor blamed her for causing her husband's arrest and fired her.   Although Defendant, largest onion grower in the U.S., rehired charging party after her termination, it subsequently laid her off and failed to rehire her in retaliation for her complaints of harassment. Case settled for $150,000 and injunctive relief.

National Food Corp.: (E.D. Wash.) resolved 5/15/13 by San Francisco District Office: EEOC alleged that Charging party, Latina farmworker, was subjected to sexual harassment, including but not limited to demands for sex, by the farm manager.  She and a class of Latino workers reported the harassment and were subsequently retaliated against either by being terminated or constructively discharged.  Defendant, a major supplier of eggs to the Pacific Northwest and Midwest United States as well as East Asia, failed to take action to stop the harassment and discriminatory conduct.  Case settled for $650,000 and injunctive relief.

RJB Properties, Inc. (RJB): (N.D. Ill.) resolved 5/12/2013 by Chicago District office: EEOC alleged that RJB illegally fired a group of Hispanic janitors because of their national origin and subjected them to harassment (i.e. ethnic slurs) and discriminatory work conditions including harsher work assignments. EEOC also alleged that RJB retaliated against two African-American supervisors who refused to fire Hispanic employees as instructed by Defendant's Vice President.  Case settled for $360,000 for 10 victims and injunctive relief.

Mitsuwa Corporation /d/b/a Mitsuwa Marketplace: (D.N.J.) resolved 4/17/13 by New York District Office: EEOC alleged that class of Hispanic employees was discriminated against based on their national origin.  Mitsuwa routinely paid Hispanic employees less than non-Hispanics doing the same work because of their national origin.  Case settled for $250,000 and injunctive relief.

Evans Fruit: (E.D. Wash.) Jury Verdict and Summary Judgment for Defendant (San Francisco District Office): EEOC alleged that Charging Parties and a class of farmworker women were subjected to sexual harassment by the ranch manager and crew leaders of Defendant's apple orchards.  Charging Parties and Class members were forced to resign due to the ongoing sexual harassment, which included physical groping and propositioning.  Defendant also retaliated against former and current employees who assisted EEOC in its investigation and lawsuit.  Jury verdict for Defendant on sexual harassment claims (4/3/13); SJ granted to Defendant on Retaliation claim (4/19/13).  EEOC is considering appeal options. 

Spud Seller, Inc.: (D. Colo.) resolved 3/15/13 by Phoenix District Office: EEOC alleged that several farmworker women were subjected to sexual harassment by their supervisor including but not limited to sexual comments, requests for sexual favors, and sexual physical gestures.  Despite being put on notice of the harassment, Defendant, a potato wholesaler in the San Luis Valley of southern Colorado, failed to take corrective action. Case settled for $255,000 and injunctive relief.

2012

Hamilton Growers, Inc. d/b/a/ Southern Valley Fruit and Vegetables, Inc.: (M.D. Ga.) resolved 12/13/12 by the Atlanta District Office:  EEOC alleged that Defendant subjected American workers to discrimination based on their race and/or national origin by firing virtually all American workers while retaining workers from Mexico during the 2009 and 2010 growing seasons. EEOC further alleged that the employer provided lesser job opportunities to American workers, which resulted in their earning less pay than their Mexican counterparts, and subjected American workers to different terms and conditions of employment, including less desirable job assignments. Case settled for $500,000 and injunctive relief.

PBM Graphics, Inc.: (M.D.N.C.) resolved 12/10/12 by Charlotte District Office: EEOC alleged that a class of non-Hispanic temporary workers was discriminated against on the basis of national origin when Defendant's "core group" of temporary workers (primarily Hispanic) were given preference over other "as needed" temporary workers (non-Hispanic).  Hispanic temporary workers received more work hours than similarly qualified non-Latino temporary workers. Case settled for $334,000 and injunctive relief.

DHL Global: (N.D. Tex.) resolved 11/30/12 by Dallas District Office: EEOC alleged that Charging Parties, Hispanic workers, including persons of Mexican, Salvadoran and Puerto Rican heritage, were subjected to unwelcome and offensive national origin harassment by Defendant's employees.  The harassment included but was not limited to taunts and derogatory name calling such as "wetback," "beaner," "stupid Mexican" and "Puerto Rican b---h."  Charging Parties were retaliated against after complaining to Defendant's management.  Case settled for $201,000 for nine individuals and injunctive relief, including training and development of anti-harassment policies.

Sierra Pacific Industries: (E.D. Cal.) resolved 10/23/12 by San Francisco District Office: EEOC alleged that Charging Party, employee of Egyptian national origin, was subjected to a hostile work environment based on national origin and to retaliation.  The company allowed co-workers to call Charging Party "Osama," "f---ing Arabian," and "camel jockey." Charging Party complained and was thereafter subjected to complaints by co-workers. Further, the company retaliated against Charging Party by subjecting him to harsher discipline, ultimately terminating him in 2004. Case settled for $95,000 and injunctive relief.

Constellation Wines d/b/a Dunnwood Vineyards: (N.D. Cal.) resolved 10/3/12 by San Francisco District Office: EEOC alleged that Charging Parties, Mexican farmworkers, were subjected to harassment, disparate treatment and retaliation based on their national origin. The harassment consisted of derogatory comments such as "wetback," and "dumb beaner."  Case settled for $75,000 and injunctive relief. 

Hampton Inn: (D. Colo.) resolved 10/2/12 by Phoenix District Office: EEOC alleged that Defendant illegally terminated employees beginning in August 2009 because of their race, Caucasian, and national origin, non-Hispanic. Management of the company subscribed to stereotypes that white or non-Hispanic workers were indolent. Case settled for $85,000 and injunctive relief.

Scully Transportation: (E.D. Cal.) resolved 9/27/12 by Los Angeles District Office:  EEOC alleged that Defendant, contract carriage company, subjected the Charging Parties, three males (East Indian, Hispanic, Black and perceived Muslim), to wide-ranging discrimination, harassment, and retaliation.  Defendant's management officials frequently referred to black drivers by using the "N" word, East Indian drivers as "Taliban" and "camel jockey," and a Latino manager as "spic."  Non-white drivers were often treated less favorably with respect to certain terms and conditions of employment, including the types of driving runs they were assigned.  EEOC further alleged that those who complained of discrimination were terminated in retaliation.  Case was settled for $630,000 plus injunctive relief.

Central California Foundation for Health d/b/a Delano Regional Medical Center (DRMC): (E.D. Cal.) resolved 9/17/12 by Los Angeles District Office: EEOC alleged that since at least 2006, 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. Supervisors, staff, and even volunteers were allegedly encouraged to act as vigilantes, constantly berating and reprimanding Filipino-American employees for nearly six years. According to EEOC, staff constantly made fun of their accents, ordering them to speak English even when they were already speaking in English. Some Filipino-American workers endured humiliating threats of arrest if they did not speak English and were told to go back to the Philippines. In a particularly offensive incident, an employee sprayed air freshener on a claimant's lunch due to the offender's self-professed hatred of Filipino food. Case settled for $975,000 and injunctive relief.

Fremont Toyota: (N.D. Cal.) resolved 8/3/12 by San Francisco District Office: EEOC alleged that Charging Parties, Afghani-American salesmen, were subjected to national origin discrimination when they were singled out at a staff meeting and were called "terrorists," threatened with violence, among other things. After Charging Parties complained, they were subjected to retaliation ultimately resulting in constructive discharge.  Case settled for $400,000 and injunctive relief.   

Blue Ridge Resources: (W.D. Tex.) resolved 7/16/12 by Dallas District Office:  EEOC alleged that Charging Parties, members of a five-member crew, were subjected to national origin (Mexican) harassment in the form of unwelcomed ethnic slurs from their rig-crew supervisor.  The supervisor called Charging Parties "stupid Mexicans," told them to "go back to Mexico," and all Mexicans who came to the U.S. should be hung.  Defendant, an oil company, failed to take corrective action and supervisor terminated one Charging Party in retaliation for complaints.  Case settled for $43,000 and injunctive relief.

DiMare Ruskin Inc: (M.D. Fla.) resolved 7/16/12 by Miami District Office: EEOC alleged that Charging Parties, two female Latina farmworkers, were subjected to sexual harassment by their supervisor, including but not limited to vulgar and unwelcome sexual comments, groping and forcibly attempting to kiss the female employees.  Defendant, a large tomato grower and produce provider with operations in Florida, California and several other states, terminated the employees in retaliation for rejecting the supervisors' sexual advances.  Case settled for $150,000 in monetary damages and injunctive relief, including nationwide training to employees and supervisors, among other things.

Giumarra Vineyards: (E.D. Cal.) resolved 7/2/12 by Los Angeles District Office: EEOC alleged that Charging Party, a 17-year-old female migrant farmworker, was subjected to sexual advances, including sexually inappropriate touching, abusive and offensive sexual comments by a male co-worker.  Defendant, one of the largest growers of table grapes in the nation, subsequently retaliated against a class of farmworkers who attempted to help Charging Party.  The claimants in the case are Tarascan (otherwise known as P'urhépecha) and Zapotec which are indigenous groups in Mexico, a minority among the farmworker community.  Case settled for $350,000 in monetary relief and injunctive relief, i.e. including hiring a third-party trainer to conduct training on sexual harassment and retaliation for thousands of its migrant farmworkers in a language other than English.

Mid Valley Labor Services, Inc.: (N.D. Cal.) resolved 5/14/12 by San Francisco District Office: EEOC alleged that Charging Parties, female farmworkers employed in grape vineyards, were discriminated on the basis of sex when subjected to sexually explicit language and propositions by male crew supervisor.  The Charging Parties were fired in retaliation for complaining of harassment. Defendant, labor contractor, agreed to pay $150,000 in monetary relief and will comply with injunctive relief.

Phoenix Four Points by Sheraton: (D. Ariz.) resolved 5/4/12 by Phoenix District Office: EEOC alleged that Charging Party, a male executive chef, was subjected to a hostile work environment because of his national origin (Iraqi).  The harassment included mimicking and mocking Arab vocal expressions, ethnic slurs such as "camel jockey," taunting and jeering by supervisor.  Despite numerous complaints to Defendant's managers, no corrective action was taken and Charging Party was forced to quit his job, i.e. constructive discharge.  Case settled for $50,000 and injunctive relief such as training, posting, policy changes, and reporting to EEOC.

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).  Defendant is a stone contracting company who has worked on a variety of high-profile buildings for agencies such as U.S. Department of Transportation, the Newseum and Nigerian and the United Arab Emirates embassies.  Case settled for $40,000 in monetary relief and injunctive relief.

2011

Blockbuster Inc.: (S.D. Md.) resolved 12/31/11 by Philadelphia District Office: EEOC alleged that a class of female temporary employees was subjected to sexual harassment, race and national origin (Hispanic) harassment and retaliation by their supervisors.  The harassment included requested for sexual favors, touching, offensive racial remarks, insults and threats.  Defendant entered into consent judgment totaling $2,328,667.85 for seven women.

M. Slavin & Sons Inc.: (E.D.N.Y) resolved 12/30/11 by New York District Office: EEOC alleged that Charging Parties, more than thirty Black Americans and African immigrant male loaders and drivers, were subjected to racial and sexual  harassment, by Defendant fish market's owners and managers.  The harassment included groping and putting fish hooks in buttocks, rubbing their bodies into the employees when passing by, use of the term "n----r" and "African b-----d."  Case settled for $900,000 in monetary relief and injunctive relief. 

Cyma & Taean Orchids: (C.D. Cal.) resolved 12/1/11 by Los Angeles District Office: EEOC alleged that a class of Latina employees was subjected to sexual harassment at Defendant's orchid farms by supervisors, managers and owners.  The harassment consisted of groping, unwanted touching of breasts and buttocks, repeated propositions, and sexual jokes. Additionally, workers who complained about the harassment were retaliated against, including being terminated for opposing the discrimination.  Case resolved for $200,000 in monetary relief and injunctive relief. 

Simon Property Group, Inc.: (D. Nev.) resolved 11/8/11 by Los Angeles District Office - EEOC alleged that a housekeeping shift leader, who was white, harassed a class of Latino janitors on a daily basis beginning in 2005, subjecting them to verbal abuse, including racial slurs.  Case settled for $125,000 and injunctive relief.

Holiday Specialtrees, LLC: (D. Ore.) resolved 9/12/11 by San Francisco District Office: EEOC alleged that Charging Parties, two male employees, were subjected to a hostile work environment because of their national origin (Mixtec) and sex (male).  Defendant, a Christmas tree farm, through one of its supervisors, called Charging Parties "damn Indian dogs" and "scabby dogs" and forbade them from speaking their native language (Mixteco).  Also, the supervisor groped one Charging Party, made sexually degrading comments to him and co-workers exposed themselves to Charging Parties. Case settled for $110,000 in monetary relief and injunctive relief.

New York University: (S.D.N.Y.) resolved 8/12/11 by New York District Office: EEOC alleged that Charging Party, employee native of Ghana, was subjected to a hostile work environment based on his national origin (Ghana). Defendant's supervisor made derogatory slurs such as "monkey," "gorilla," directed statements such as "go back to your cage" and "do you want a banana?"  Case was settled for $210,000 and injunctive relief. 

Ricoh Americas Corporation: (M.D.N.C.) resolved 6/29/11 by Charlotte District Office: EEOC alleged that Charging Parties, three men from Liberia, Puerto Rico, and Colombia respectively, were subjected to a hostile work environment because of their national origin and race.  The harassment consisted of comments by site manager such as "hate Puerto Rican," that "Hispanics are so stupid," "Colombians are good for nothing except drugs," and that "damn, f-----g Africans . . . ain't worth s-t."  Charging parties were suspended and terminated in retaliation for complaining of harassment.  Case was resolved for $125,000 and injunctive relief.

ABM Industries: (N.D. Cal.) resolved 6/28/11 by San Francisco Regional Office: EEOC alleged that Charging Parties, Hispanic janitorial workers, were discriminated and harassed based on their national origin by supervisor, including removal from permanent positions, and replacement with less senior individuals who were not Latino. Some Charging Parties were retaliated against for filing charges with EEOC.  Case settled for $180,000 in monetary relief and injunctive relief including annual training for supervisors and workplace-diversity notices to all in employees in English, Spanish, Arabic, and Chinese.  

Express Services: (D.S.C.) resolved 6/10/11 by Charlotte District Office: EEOC alleged that Charging Party, a Guatemalan-born, naturalized U.S. Citizen, was hired as assembly technician by staffing firm and contractor.  However, after working for 2 hours, Defendant contractor asked her to provide copy of birth certificate to establish she was born in U.S.  Defendant refused to accept U.S. passport and Charging Party was subsequently terminated.  Case settled for $42,500 in monetary relief and injunctive relief. 

LFC Agricultural: (M.D. Fla.) resolved 5/31/11 by Miami District Office: EEOC alleged that a class of Haitian production workers were subjected to a hostile work environment and disparate treatment based on their race (Black) and/or national origin (Haitian).  Managers and employees called Charging Parties "stupid," "cannibals," and "pinche [f-----g] Haitian."  Defendant, a tomato growing, packing, and distributing company, also retaliated against the class of workers by disciplining, terminating/constructive discharge.  Case settled for $84,000 in monetary relief and injunctive relief.

Deauville, Inc. d/b/a Monocle Restaurant: (D.D.C.) resolved 5/16/11 by Charlotte District Office: EEOC alleged that Charging Parties, who were employed as waiters, were harassed by the restaurant's General Manager based on their national origin. The harassment included, but not limited to, derogatory comments such as "Arab dog," "stupid Muslim" and "crazy Muslim."  Case settled for $35,000 in monetary damages and injunctive relief.   

Tidewater Plastering & Drywall Company Inc.: (E.D. Va.) resolved 5/6/11 by Charlotte District Office: EEOC alleged that Charging Party, a male of Salvadoran descent, was subjected to a hostile work environment based on his gender and national origin by his foreman.  The harassment consisted of unwelcomed sexual conduct, his male supervisor blew kisses at him and called him sexy, and derogatory comments such as "stupid Salvadoran."  Charging party was forced to resign after he complained to the president of the company, a plastering and drywall company, who failed to take corrective action.  Case settled for $30,000 in monetary relief and injunctive relief. 

Fireside West LLC d/b/a Hilton Lisle/Naperville: (N.D. Ill.) resolved 5/5/11 by Chicago District Office: EEOC alleged that Hispanic employees in the hotel's kitchen were subjected to a hostile work environment based on national origin.  Defendant's executive chef regularly referred to Hispanic employees as "stupid Mexicans," "s-cs," "wetbacks," or "f---ing Mexicans."   Case settled for $195,000.00 monetary relief and injunctive relief including remedial training for all employees and personal training for the executive chef.

Sam's Club: (E.D. Cal.) resolved 4/25/11 by Los Angeles District Office: EEOC alleged that Charging Parties, Mexican employees, were subjected to physical intimidation, ethnic slurs and derogatory remarks by a co-worker based on their national origin.  The harasser repeatedly used derogatory words such as "wetback."  Case settled for $440,000 in monetary relief and injunctive relief. 

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. 

Willamette Tree Wholesale: (D. Or.) resolved 4/21/11 by San Francisco District Office: EEOC alleged that Charging Parties, Latina/o farmworkers, were subjected extreme sexual harassment by the farm supervisor and crew leader, including sexually assault, threatened with bodily harm, graphic sexual comments, proposition and groping.  Defendant retaliated against Charging Parties by terminating their employment.  Case was settled for $150,000 for monetary damages and injunctive relief.

Northwest Cosmetic Labs: (D. Idaho) resolved 1/12/11 by San Francisco District Office: EEOC alleged that Charging Party, British national of Zimbabwe descent, was subjected to national origin discrimination (African), race, and color by her co-workers.  Charging Party was hired after several phone interviews for a full-time paid internship in cosmetic formulation.  Defendant's supervisor commented that it would be a "surprise" to employees that she was Black. She was treated differently from the other two interns, who were both Caucasian. Charging Party was fired in retaliation for complaining of discrimination.  Case settled for $30,000 in monetary relief and injunctive relief. 

2010

ABM Industries Inc., ABM Janitorial Services, Inc., and ABM Janitorial Northern California: (E.D. Cal.) resolved 9/2/10 by Los Angeles District Office: EEOC alleged that a class of 21 Hispanic janitorial workers was subjected to egregious sexual harassment by male co-workers and supervisors, one of whom was a registered sex offender.  The sexual harassment consisted of at least the rape of one victim, unwelcome touching, explicit sexual comments, groping, harassers exposing themselves to claimants.  Defendants, a national provider of janitorial and maintenance services and subsidiaries, failed to respond to the employee's repeated complaints.  Case settled for $5.8 million in monetary damages to be distributed to 21 female claimants and injunctive relief, i.e. removal of negative reports and/or termination notices from personnel files, establishment of 24 hour complaint hotline (in English and Spanish), among other things. 

Knouse Foods, Inc.: (M.D. Pa.) resolved 7/22/10 by Philadelphia District Office: EEOC alleged that a class of Mexican female employees was subjected to pervasive harassment based on sex and national origin.  Male coworkers made sexual advances, requested the women expose themselves, asked them on dates, made vulgar sexual comments, and called them "dumb" or "stupid" Mexicans.  Defendant, a major farm growers' cooperative, also subjected Charging Parties to unfair discipline, reassignments, and termination in retaliation for complaining of discrimination. Case settled for $300,000 in monetary relief and injunctive relief.

Midstate Construction: (N.D. Cal.) resolved 6/8/10 by San Francisco District Office: EEOC alleged that Charging Parties, four Latino construction workers, were subjected to verbal harassment by a supervisor because of their national origin. Case settled for $50,000 in monetary relief and injunctive relief including issuing a written anti-harassment policy in English and Spanish.

Cannon & Wendt Electric Co.: (D. Ariz.) resolved 4/12/10 by Phoenix District Office: EEOC alleged that Charging Party, a Mexican male, was unlawfully harassed based on his national origin by his supervisor. The harassment included comments, such as "I hate all Mexicans," and (Mexicans) are worthless."  Charging party was terminated in retaliation for his complaints.  Case settled for $100,000 in monetary relief and injunctive relief. 

Gonnella Baking Co: (N.D. Ill.) resolved 3/30/10 by Chicago District Office: EEOC alleged that a class of sanitation employees was subjected to verbal harassment based on national origin (Mexican) and race (non-white), by Defendant's manager.  Defendant, a wholesale producer of bread, retaliated against the employees after they complained by requiring them to work longer shifts, with some shifts exceeding twelve hours.  Case settled for $350,000 in monetary relief 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.

Landwin Management, Inc.: (C.D. Cal.) resolved 2/3/10 by Los Angeles District Office: EEOC alleged in the first of two lawsuits that non-Chinese banquet servers were rejected for hire based on their national origin when the San Gabriel Hilton severed its contract and hired Landwin Management to operate the establishment in April 2005. EEOC said that all the non-Chinese banquet servers who previously worked for the hotel at the time, many of whom were Latino, were not hired back during the turnover and instead replaced with less qualified Chinese workers. In the second suit EEOC alleged that the San Gabriel Hilton subjected female employees to a sexually hostile work environment, including verbal sexual harassment by the housekeeping department supervisor, who referred to the women as "whores" and "prostitutes" in addition to other offensive language. The supervisor also allegedly reprimanded the female employees if they even spoke to men, and Landwin failed to respond to the employees' complaints of harassment. Cases settled for $500,000 and injunctive relief.

2009

Albertsons, Inc.:  (D. Colo.) resolved 12/14/09 by Phoenix District Office: In three separate cases against Defendant, EEOC alleged that a class of employees were subjected to race, color, and national origin discrimination and retaliation. Minority employees were subjected to derogatory comments and offensive graffiti including racial and ethnic slurs, depictions of lynchings, swastikas, and anti-immigrant statements. The second lawsuit was filed in 2008 and alleged a pattern or practice of retaliation. The third case was also filed in 2008 and alleged race discrimination on behalf of a single African American employee at the distribution center who was terminated.  Case settled for $8.9 million dollars to be distributed between 168 current and past employees and injunctive relief. 

ResCom: (S.D. Cal.) resolved 7/1/09 by Los Angeles District Office: EEOC alleged that Charging Parties, Latino janitorial workers, were subjected to disparate treatment and retaliated against because of their national origin.  Defendant, a property services company with a janitorial division, disciplined and publicly humiliated Charging Parties by falsely accusing them of missing work to attend immigrant rights rallies.  Defendant also disciplined a charging party in retaliation for having filed an EEOC charge.  Case settled for $115,000 in monetary relief and injunctive relief.

Ceisel Masonry Inc.: (N.D. Ill.) resolved 5/22/09 by Chicago District Office: EEOC alleged that a class of Hispanic employees was subjected to harassment and different terms and conditions based on their national origin. A foreman and former superintendent referred to the class members as "f---ing Mexicans," "pork chop," "Julio," "spics," "chico," and "wetback."  Defendant, a construction company, also failed to address class members' complaints. Case settled for $500,000 in monetary relief and injunctive relief including required training and revision of harassment policies and investigation procedures.

Nordstrom, Inc.: (S.D. Fla.) resolved 4/16/09 by Miami District Office: EEOC alleged that Charging Parties, Hispanic and Black employees, were harassed based on their national origin, race, and color, by the store manager.  The harassment consisted of comments such as "I hate Hispanics," they are "lazy" and "ignorant".  They were also retaliated against for complaining of the harassment.  Case settled for $292,500 in monetary relief and injunctive relief. 

Royal Wood Care Center: (C.D. Cal.) resolved 4/13/09 by Los Angeles District Office: EEOC alleged that a class of Hispanic employees at Defendant's nursing homes was subjected to harassment and different terms and conditions of employment based on their national origin and shared Spanish language. Defendant prohibited employees from speaking Spanish to Spanish-speaking residents of the facility and disciplined them for speaking Spanish during their breaks.  Case settled for a maximum of $450,000. The consent decree provides for the employers to offer English language classes to the 53 claimants.

B & H Foto: (S.D.N.Y) resolved 3/24/09 by New York District Office: EEOC alleged that 149 Hispanic warehouse workers were subjected to discrimination based on their national origin when Defendant, one of the largest retail sellers of photographic, computer, and electronic equipment, paid Hispanics in its warehouses less than non-Hispanic workers and failed to promote them or provide health benefits.  Case settled for $4.3 million in monetary relief and injunctive relief.

2008

Kovacevich 5 Farms: (E.D. Cal.) resolved 12/3/08 by San Francisco District Office: EEOC alleged that a class of farmworker women was denied a job by Defendant, a grower of table grapes, because of their sex.   Further investigation revealed that Defendant had hired zero women between 1998 and 2002 despite filling approximately 300 seasonal farm work positions every year. Case settled for $1,680,000 in monetary relief and injunctive relief, i.e. defined goals and timetables for the hiring of women, training and distribution of anti-discrimination policy in both English and Spanish to all employees.

Carolina Steel and Stone: (W.D.N.C.) resolved 9/30/08 by Charlotte District Office: EEOC alleged that Charging Party and other similarly situated Hispanic employees were subjected to a hostile work environment at construction sites based on their national origin and race.  The supervisor referred to employees as "wetbacks," "dumb asses,"  "stupid," and stated they "looked like n---ers."  At least one Charging Party was discharged in retaliation for complaining of harassment. Case settled for $25,000 in monetary relief and injunctive relief.

Brown and Brown Chevrolet, Inc.: (D. Ariz.) resolved 8/21/08 by Phoenix District Office: EEOC alleged that Charging Party, a sales associate from Nigeria, was denied the finance manager position due to his accent resulting in national origin discrimination. Charging Party complained of the discrimination and ultimately was constructively discharged when the dealership promoted a non-Nigerian employee to the finance manager position.  Case settled for $99,000 and injunctive relief. 

Beauty Enterprises, Inc.: (D. Conn.) resolved 8/19/08 by New York District Office: EEOC alleged that a class of Hispanic employees was subjected to national origin discrimination when they were prohibited from speaking any language other than English.  Defendant, a beauty supply company, enforced the policy against Hispanic employees in an abusive, hostile, and intimidating manner. Case settled for $220,000 in monetary relief and injunctive relief. 

NCL America, Inc.:(D. Haw.) resolved 6/4/08 by Los Angeles District Office: EEOC alleged that seven Yemeni, Muslim crewmembers -- all licensed merchant mariners who were either U.S. citizens or permanent residents - were discharged from Defendant's ship based on their national origin and religion.  Defendant reported the charging parties to the FBI and requested a background check.  The FBI told defendant there was no evidence indicating a threat, after it concluded a thorough background check and search of the crewmember's belongings. Defendant nevertheless discharged the Charging Parties as "security risks." Case settled for $485,000 in monetary damages and injunctive relief. 

Bridgestone/Firestone North American Tire, LLC: (N.D. Ill.) resolved 5/21/08 by Chicago District Office: EEOC alleged that a class of Black and Hispanic employees, in Defendant's warehouse and distribution center, was subjected to a hostile work environment and adverse terms and conditions of employment based on their race and national origin.  The harassment included derogatory comments and slurs such as "nigger," "wetbacks," "spics," racist graffiti in the restroom, and displayed confederate flags on cars and clothing.  Also, Black and Hispanic employees were given less flexibility in their job assignments, less break time, and less opportunity for light duty assignments when injured. They were also subjected to retaliation for complaining of discrimination.  Case settled for $425,000 to 17 individuals in monetary damages and injunctive relief. 

Faribault Foods Inc.: (D. Minn.) resolved 3/28/08 by Chicago District Office:  EEOC alleged that a class of Hispanic workers was discriminated against based on their race and national origin with respect to hiring, promotion, job assignments, testing, discipline and discharge.  Defendant, a food processing company, utilized an English proficiency test, which was not justified by business necessity for the positions at issue. Case settled for $900,000 and injunctive relief, i.e. training in English and Spanish, establishment of Diversity Committee, Tuition reimbursement for employees wishing to improve English language skills.

Albion River Inn, Inc.: (N.D. Cal.) resolved 2/27/08 by San Francisco District Office: EEOC alleged that Charging Party, a male, Moroccan dining room manager, was terminated because of his national origin and in retaliation for opposing a customer's use of hostile racial/ethnic comments. A customer repeatedly and loudly cursed at an Arab waiter, pushed him and berated him for his French accent and limited English ability.  The dining room manager, after learning of the incident, asked the customer not to repeat his conduct of the previous night. The customer responded with a verbal tirade directed at the manager's foreign origin, pushed and challenged the manager to a fight.  The manager refused to write a letter of apology to the customer, so Defendant fired him. Case settled for $165,000 in monetary relief 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

Supreme Corp. and Supreme Northwest, LLC: (D. Ore.) resolved 12/31/07 by San Francisco District Office: EEOC alleged that Charging Parties, including cleaners, general laborers, and quality control inspectors of Mexican descent, were harassed, demoted, and discharged because of their national origin. Defendant's plant manager complained of the number of Mexican employees on production line, questioned the employees' English skills, and told them not to speak Spanish. He also assigned more tasks to Hispanic than to non-Hispanic employees, and disproportionately laid off or discharged Hispanic employees. Case settled for $427,000 in monetary relief to seven individuals and injunctive relief including agreement not to hire plant manager, or former general manager both of whom failed to respond to employee complaints.

Collegeville/Imagineering and Rubie's Costume Company, Inc.: (D. Ariz.) resolved 11/19/07 by Phoenix District Office: EEOC alleged that a class of women, including several Latina warehouse employees, was subjected to sexual harassment by their supervisor, including touching, groping, sexual propositions and comments.  Despite repeated complaints, Defendant, a manufacturer of costume makeup, failed to take corrective action.  EEOC further alleged that the class of women was subjected to retaliation and constructive discharge.  Case settled for $299,000 in monetary damages and injunctive relief.

Rainbow Restaurant Properties d/b/a Chino Latino Restaurant: (D. Minn.) resolved 9/11/07 by Chicago District Office: EEOC alleged that Charging Parties and a class of Hispanic/Latino kitchen employees were subjected to national origin discrimination and retaliation.  Defendant terminated employees in retaliation for the complaints the employees made at staff meeting.  Case settled for $325,000 in monetary relief and injunctive relief, i.e. establishment of hotline for reporting complaints, among other things. 

Sheffield Financial LLC: (M.D.N.C) resolved 8/21/07 by Charlotte District Office: EEOC alleges that Charging Party, a native of Egypt, was discharged because of his accent after a few hours on the job.  Charging Party was still in orientation when Defendant's president met him and decided to discharge him because of his accent. Case was settled for $20,000 in monetary relief and injunctive relief. 

Autonation USA: (N.D. Ill.) resolved 8/18/07 by Chicago District Office: EEOC alleged that Charging Party, a Turkish Muslim finance manager at a car dealership, was subjected to derogatory comments ("bomb thrower," "camel fucker," "Turkish piece of shit," "turban jockey" and "towel head") because of his national origin, race (non-white) and religion (Muslim).  Case settled for $53,750 in monetary relief and injunctive relief.

NIBCO Inc.: (E.D. Tex.) resolved 8/10/07 by Dallas District Office: EEOC alleged that Charging Party, a machine worker, was subjected to post-9/11 backlash when he was harassed ("terrorist" and "Osama bin Laden's nephew") because of his national origin (Turkish) and religion (Islam).  Case settled for $25,000 in monetary relief and injunctive relief. 

Sephora USA, LLC: (S.D.N.Y.) resolved 8/7/07 by New York District Office: EEOC alleged that a class of Hispanic salespersons was subjected to a pattern or practice of national origin discrimination by maintaining an "English-only" rule.  Managers prohibited Hispanic employees from speaking Spanish at all times, including during breaks; mimicked Spanish-speaking employees' accents and made disparaging comments about their language/cultural characteristics.  Defendant, a fragrance and cosmetics retailer, also took adverse actions such as discipline, reductions in hours, and denial of transfer opportunities against employees in retaliation for their complaints.  Case settled for $565,000 in monetary relief and injunctive relief.

KCD Construction Inc.: (D. Minn.) resolved 7/25/07 by Chicago District Office: EEOC alleged that a class of Hispanic employees was verbally and physically harassed by the owner and his sons because of their national origin.  The harassment consisted of derogatory names and comments as well as physically striking Hispanic employees with tools and spitting on them.  Case settled for $41,500 in monetary relief and injunctive relief.

Kobe White Marsh, Inc. Et Al.: (D. Md.) resolved 5/12/07 by Philadelphia District Office: EEOC alleged that Charging Parties, Hispanic dishwashers, were subjected to unwelcome and highly offensive sexual advances, including groping, touching and constant taunts about their sex, race and nation origin by Defendant's managers.  The Charging Parties were constructively discharged and terminated in retaliation for their complaints.  Case settled for $80,000 in monetary relief and injunctive relief.

Alliedbarton Security Services, LLC: (N.D. Tex.) resolved 3/19/07 by Dallas District Office: EEOC alleged that Charging Party, a security guard of Kenyan descent, was transferred and terminated because of his national origin and accent.  Case settled for $18,000 in monetary relief and injunctive relief, i.e. agreed to spend an additional $4,500 on specialized "Civil Treatment" training to address accent and language-related national origin discrimination.

Remo's Mushroom Services, Inc.: (E.D. Pa.) resolved 3/15/07 by Philadelphia District Office: EEOC alleged that a class of Mexican workers was subjected to intimidation and harassment based on their national origin as well as retaliatory intimidation, discipline, and discharge.  Case settled for $25,000 in monetary relief and injunctive relief. 

Oglethorpe University: (N.D. Ga.) resolved 3/5/07 by Atlanta District Office: EEOC alleged that Charging Parties, Hispanic housekeeping employees, and other similarly situated workers were required to only speak English while at work under Defendant's English-Only rule.  At least one Charging Party was subsequently discharged in retaliation for opposing the English-only rule. Case settled for $46,779.20 in monetary relief and injunctive relief, i.e. including elimination of English-Only rule.

Quietflex Manufacturing Co.: (S.D. Tex.) resolved 1/23/07 by Houston District Office: EEOC alleged that a class of Hispanic employees were not recruited and hired for machine operator positions. Additionally, Defendant, air conditioning duct manufacturer, denied Hispanics transfers and promotions to the department, and used a non-job-related English proficiency requirement as a prerequisite for hiring/transfer into the department, while exempting non-Hispanic applicants and employees from the requirement. Case settled for $1,933,334 for approximately 78 individuals, including attorney fees and injunctive relief, i.e. all vacancies in the core/jacket department will be posted and applicants will be selected according to their plant seniority, among other things.

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 in monetary relief and injunctive relief.

2006

Porpiglia Farms, Inc.: (N.D.N.Y.) resolved 12/20/06 by New York District Office: EEOC alleged that a class of Jamaican farm workers were subjected to harassment based on their race (Black) and national origin. The harassment included but was not limited to the packing shed supervisor calling claimants "Jamaican pigs," "boys," "cocksuckers," "N----rs." Case settled for $100,000 in monetary relief and injunctive relief.

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 in monetary relief and injunctive relief. 

Sun Cab Company d/b/a Nellis Cab Company: (D. Nev.) resolved 12/12/06 by Los Angeles District Office: EEOC alleged that Charging parties, cab drivers of Ethiopian descent, were not hired by Defendant based on their national origin, despite being fully qualified and working as cab drivers.  Case settled for $50,000 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 steel fabrication workers were recruited from India by the Defendant and made to work in contravention of their visa status for less than minimum wage.  EEOC argued that this was a case of modern day slavery which parallels human trafficking in that the company restricted the Indian nationals' freedom of movement and made them to work and live in substandard conditions in a converted warehouse on the premises. The Indians 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.

Go Daddy Software, Inc.: (D. Ariz.) $390,000 jury verdict 12/2006 by Phoenix District Office: Jury found Charging Party was retaliated against by Defendant when he was discharged for complaining of national origin (Moroccan) and religious (Islam) discrimination.  EEOC had alleged that Charging Party was denied a sales supervisor position based on his national origin and religion, and discharged in retaliation for complaining of discrimination.  Jury verdict was subsequently reduced to $241,708, due to statutory caps.   Ninth Circuit affirmed jury verdict.

2005

Spring Sheet Metal and Roofing: (W.D.N.Y) resolved 9/22/05 by New York District Office: EEOC alleged that Charging Party, a Hispanic/Cuban laborer, was fired by Defendant's foreman because he spoke Spanish in the workplace and was not fluent in English resulting in national origin discrimination. Case settled for $10,000 in monetary relief and injunctive relief. 

Rivera Vineyards: (C.D. Cal.) resolved 6/14/2005 by Los Angeles District Office: EEOC alleged that a class of Latino farmworkers, mostly women, were subjected to sexual harassment, including rape, touching, groping, breast grabbing, leering, and derogatory comments.  EEOC further alleged that a class of workers who were fired and not hired back after opposing the harassment and a class of women were denied certain job opportunities in positions of pruning, vine tying, girdling, swamping (loading field trucks) and irrigating.  Defendant, one of the largest growers and packers of table grapes in California's Coachella Valley, denied the allegations.  Case was settled for $1,050,000 in monetary damages and injunctive relief, including reinstatement, hiring goals for positions not open to women and training, among other things.

Harris Farms: (E.D. Cal.) $994,000 jury verdict 1/21/05 by San Francisco District Office: Jury found that Charging Party, female farmworker, was subjected to severe and pervasive sexual harassment, including but not limited to rapes, propositions and verbal sexual comments by her supervisor.  Jury also found that Defendant retaliated against Charging Party leading to her constructive discharge. $500,000 was awarded for punitive damages.  Jury verdict was subsequently reduced due to statutory caps.  Ninth Circuit affirmed jury verdict.