The EEOC announced a class litigation settlement with national restaurant
chain Bahama Breeze for $1,260,000 and significant remedial relief in a
case alleging repeated racial harassment of 37 black workers at the
company’s Beachwood, Ohio location.
In its lawsuit, the EEOC charged that Bahama Breeze managers
committed numerous and persistent acts of racial harassment against
black employees, including frequently addressing black staff with slurs
such as “n….r,” “Aunt Jemima,” “homeboy,” “stupid n….r,” and “you
people.” Additionally, managers allegedly imitated what they perceived
to be the speech and mannerisms of black employees, and denied them
breaks while allowing breaks to white employees. Despite the employees’
complaints to management, the alleged race-based harassment continued.
“No worker should ever have to endure a racially hostile work
environment in order to earn a paycheck,” said EEOC Acting Chairman
Stuart J. Ishimaru. “It is particularly disturbing when managers engage
in and condone the very unlawful conduct they are required to prevent
and correct. This sizeable settlement should remind employers of the
possible consequences of a failure to promote and maintain a
discrimination-free workplace.”
The EEOC filed suit in U.S. District Court for the Northern District
of Ohio after first attempting to reach a voluntary settlement out of
court (EEOC v. GMRI, Inc. d/b/a Bahama Breeze, 1:08cv2214). In
addition to the $1,260,000 in monetary relief obtained for the
claimants, the three-year consent decree resolving the litigation
contains significant injunctive relief requiring Bahama Breeze to:
- Maintain and update its written policies and procedures in all
restaurants nationwide, prohibiting employment discrimination,
including race discrimination, racial harassment and retaliation;
- Provide anti-discrimination and diversity training to all of its Beachwood restaurant employees, including managers;
- Comply with EEOC monitoring of the decree and periodically provide written reports regarding any discrimination complaints; and
- Display and maintain the EEOC poster in all restaurants currently
within the same operational region as the Beachwood restaurant in a
place visually accessible to employees.