Helping Business with Human Resource Strategies

Can you afford to make these mistakes?

Sexual Harassment Cases

EEOC (Phoenix District Office) vs. Quality Art: $ 3.5 million

The court approved this stipulated judgment to settle a lawsuit alleging that 35 female and Hispanic low wage workers, mostly Mexican and Guatemalan, who were subjected to widespread sexual harassment, national origin discrimination and retaliation, - including firing, forced resignations, and reporting employees to the INS.

EEOC (Phoenix District Office) vs. Southwest Supermarkets: $ 1 million

Class action sexual harassment lawsuit was settled on behalf of 45 women, many of whom were in entry-level jobs, who were subjected to egregious sexual harassment and retaliation for complaining about the harassment.

EEOC (Phoenix District Office) vs. Arrowhead Bagel: $338,000

After a trial, a judgment was entered in this class lawsuit on behalf of seven female employees who were sexually harassed, including verbal and physical actions by the managing owner. Extensive injunctive relief was ordered, including notice to EEOC of its resumes, preparation and posting of sexual harassment policy, sexual harassment training, and reporting of all sexual harassment complaints to EEOC.

EEOC (Phoenix District Office) vs. A-Rand: $45,000

The EEOC settle a class action sexual harassment and retaliation case against A-Rand, Inc. for $45,000. In addition, the Consent Decree requires A-Rand to post notices concerning sexual harassment, develop policies, train all of its employees, and provide apologies to each of the women.

Disability Discrimination Cases

EEOC (Phoenix District Office) vs. Wal-Mart: $190,572

The Phoenix Office settled a disability discrimination lawsuit against Wal-Mart. The basis for this lawsuit is a charge alleging that Wal-Mart would not allow Charging Party to sit, as needed, while she performed her duties as a People Greeter.

EEOC (Phoenix District Office) vs. Honeywell: $100,000

The EEOC alleged Honeywell discriminated against an employee, who is hearing and visually impaired, by withdrawing an accommodation for her disability, involuntarily transferring her, failing to accommodate her disability, and discriminating against her because she sought an accommodation of her disability, The EEOC, Charging Party and Honeywell successfully resolved the case by Honeywell agreeing to pay the Charging party $100,000.

ADA Violation Cases

EEOC (Phoenix District Office) vs. Wal-Mart: $427,500

A federal court in Tucson held Wal-Mart in contempt and imposed sanctions for their failure to comply with a court order resolving claims that Wal-Mart refused to hire two deaf applicants, in violation of the ADA. In addition to the monetary payment to the Arizona Center for Disability Law, jobs were offered to the charging parties, with restored benefits, and a television advertisement to educate the public about discrimination against people with disabilities was part of the court decree. Wal-Mart was also ordered to change employment practices, improve internal procedures, train management and develop a computer based learning module in sign language.

EEOC (Phoenix District Office) vs. United Parcel Service (UPS): $375,000

The lawsuit in this case, on behalf of nine class members, alleged that UPS imposed a blanket policy requiring employees to obtain a “full medical release” prior to returning to work, rather than providing individualized assessments and reasonable accommodations in accordance with the ADA.

Discrimination Cases

EEOC (Phoenix District Office) vs. Direct Marketing Services: $700,000

Under the court approved Consent Decree, eleven former employees who were racially harassed, paid unequal wages and denied promotions, will share in the $700,000 settlement. Direct Marketing Services was also required to institute policies and practices to ensure an environment free of discrimination, including a procedure for evaluating supervisors, manager and human resource personnel on their performance in responding to discrimination complaints.

EEOC (Phoenix District Office) vs. Bank One: $80,000

A Consent Decree settled this race and age discrimination lawsuit. On nine occasions, Charging Party was not promoted and instead, Bank One consistently promoted younger, less experienced non-African American employees.

EEOC (Phoenix District Office) vs. Bass Cabinets: $25,000

In a lawsuit against Bass Cabinets, the EEOC alleged that Bass paid a female employee at rates less than the rates it paid male employees performing substantially equal work on the jobs. The Consent Decree settling the suit requires Bass to revamp it policies on wages and train all management level employees on the new policies. The decree also enjoins Bass from engaging in sex discrimination in wages or from terminating anyone because of his or her gender.

ADEA (Age Discrimination in Employment Act)

EEOC (Phoenix District Office) vs. Allied Signal: $8 million

Under the terms of this settlement, former employees who were laid off in violation of the Age Discrimination in Employment Act, shared in the settlement. In addition, approximately 170 of the approximately 950 employees who were age 40 or older and laid off were rehired.

Hostile Work Environment Cases

EEOC (Phoenix District Office) vs. Pinnacle Nissan: $521,000

In a lawsuit, the EEOC alleged that six former employees of Pinnacle Nissan were subjected to a hostile working environment on the basis of national origin, Middle Eastern and Hispanic, and one former employee was subject to a hostile work environment because of his religion, Jewish. In order to resolve claims brought by the EEOC on behalf of three charging parties and class of four individuals, Pinnacle agreed to pay $521,000, strengthen its policies prohibiting discrimination, provide training to employees, and investigate all complaints of discrimination.

Religious Discrimination

EEOC (Phoenix District Office) vs. Right Honda: $112,500

The Phoenix District Office of the EEOC settled a religious discrimination lawsuit against Right Honda on the same day it was filed for $112,500. The lawsuit was filed against the Scottsdale car dealership as the EEOC alleged it discriminated against an employee because of his religious belief by subjecting him to a hostile work environment. Which included a physical assault.

Sex Discrimination

EEOC (Phoenix District Office) vs. Phoenix Suns and Sports Magic: $104,000

EEOC resolved a sex discrimination lawsuit against Phoenix Suns and Sports Magic for $104,500. The Phoenix Suns also agreed to strengthen its policies prohibiting sex discrimination and provide training to its employees. The lawsuit alleged that in 1999-2000, the Phoenix Suns and SMT adopted new sex-restrictive hiring practice for the Zoo Crew, limiting the position to “males with athletic ability and talent.” The Zoo Crew provides entertainment during Phoenix Suns basketball games and participates in community events designed to promote the Suns.