Race Bias Suit Settled for $495,000
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Wednesday, April 15, 2009 |
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Marjam
Supply Company, Inc., a building materials supplier, will pay $495,000
to five former employees to settle a race discrimination lawsuit
brought by the U.S. Equal Employment Opportunity Commission (EEOC), the
federal agency announced.
The EEOC's lawsuit (Civil Action No.
03-cv-5413-SCR in the U.S. District Court for the Southern District of
New York, White Plains Division) charged that Marjam discriminated
against African American employees in its Newburgh warehouse facility
on the basis of their race by subjecting them to differential
discipline and termination, creating a hostile work environment, and
retaliating against employees who objected to the discrimination.
The
EEOC charged that a Marjam supervisor and other Marjam employees made
unwelcome racial slurs and comments. The racially hostile workplace
included repeatedly calling an employee the N-word, talking about the
Ku Klux Klan and referring to burning crosses in front of African
American employees. An employee who complained was fired, the EEOC's
lawsuit charged. Such alleged conduct violates Title VII of the Civil
Rights Act.
"Egregious racial harassment still occurs in the
21st century workplace, even though some people may think such
discrimination can only be found in history books," said EEOC Acting
Chairman Stuart J. Ishimaru. "Hostile work environments are
unacceptable. The EEOC is committed to vigorous enforcement of the
employment anti-discrimination laws to ensure that every worker has an
equal opportunity to reach his or her full potential."
The
consent decree was submitted to the district court judge for approval
after the parties reached a settlement agreement in mediation. In
addition to the $495,000 in back pay and compensatory damages to be
paid to five former employees, the three-year consent decree includes
the following injunctive relief:
* Adopting non-discrimination and complaint procedures;
* Appointing an Equal Employment Office Coordinator;
* Establishing a toll-free number for reporting discrimination complaints;
* Providing anti-discrimination training;
* Issuing a memorandum to all employees on Marjam's commitment to abide
by all federal laws prohibiting employment discrimination;
* Posting a notice about the EEOC, the lawsuit, and Marjam's non-discrimination and complaint procedures; and
* Monitoring and reporting on carrying out the settlement terms.
"Employers
must recognize that they have a responsibility to prevent racial
harassment in their workplace and to take swift action to correct any
discrimination when it occurs," said Spencer H. Lewis, director of the
EEOC's New York District Office. "In addition, retaliating against
employees for complaining about discrimination is unlawful and taken
very seriously by the Commission."
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