$4.3 Million Court Approved Settlement in National Origin Bias Case
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Monday, March 30, 2009 |
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JudgeHarold Baer of the United States District Court for the SouthernDistrict of New York gave final approval to a sweeping consent decreebetween the U.S. Equal Employment Opportunity Commission (EEOC) and B& H Foto and Electronics Corp. (B & H), the federal agencyannounced. The decree resolves a national origin discrimination lawsuitfiled by the EEOC on behalf of 149 Hispanic warehouse workers at one ofthe largest retail sellers of photographic, computer and electronicequipment in the New York metropolitan area.
The EEOC's lawsuit,filed under Title VII of the Civil Rights Act of 1964, alleged that B& H paid Hispanics in its warehouses in Manhattan and Brooklyn lessthan non-Hispanic workers and failed to promote them or provide healthbenefits because of their national origin (EEOC v. B & H Foto andElectronics Corp. No. 07 CV-9241). Under the court-approved consentdecree, B & H agreed to cooperate with the EEOC in a claims processto distribute $4.3 million in monetary relief to 149 employees who werepaid less, not promoted, or denied benefits because they are Hispanic.
"Employersshould be well aware by now that discriminating against workers becauseof their country of origin or ethnic background is unlawful and willnot be tolerated," said the Commission's Acting Chairman Stuart J.Ishimaru. "Employers face significant liability if they fail to complywith federal employment discrimination laws."
In addition to themulti-million dollar settlement fund, the consent decree containsinjunctive relief requiring B & H to equalize the wages of Hispanicemployees to their non-Hispanic coworkers, conduct employer training,adopt an anti-discrimination policy, post EEOC notices, report to theEEOC, and to be monitored by the EEOC for the following five years.
"Wecommend B & H for working cooperatively with us to resolve thismatter without protracted litigation," said EEOC New York TrialAttorney Lou Graziano. "We encourage other employers to follow B &H's example of resolving discrimination cases expeditiously and in goodfaith."
National origin discrimination means treating someoneless favorably because he or she comes from a particular place, becauseof his or her ethnicity or accent, or because it is believed that he orshe has a particular ethnic background. National origin discriminationalso means treating someone less favorably at work because of marriageor other association with someone of a particular nationality.
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