Andy Chevrolet, doing business as Sims Chevrolet, a
Cleveland automobile dealership, will pay $85,000 and furnish other
relief to settle a race discrimination and retaliation lawsuit, the
U.S. Equal Employment Opportunity Commission (EEOC) announced today.
In its lawsuit, the EEOC charged that since July 2007, Sims
Chevrolet subjected a class of African Americans to different terms and
conditions of employment and a hostile work environment on the basis
of race. The federal agency alleged that the discriminatory conduct
included racial epithets, such as repeated use of the N-word, and also
involved management making sales team assignments based upon race.
Additionally, the EEOC claimed that Sims retaliated against one of the
individuals after he complained about the unlawful discrimination by
withholding his wages.
Racial discrimination and retaliation for complaining about it
violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit
in U.S. District Court for the Northern District of Ohio after first
attempting to reach a settlement out of court (EEOC v. Andy Chevrolet Company dba Sims Chevrolet, 1:08-cv-02335).
The three-year consent decree settling the suit provides for a
monetary settlement of $85,000 to five discrimination victims. In
addition to monetary relief, the decree provides for significant
remedial relief, including revising the company’s non-discrimination
and anti-harassment policies and complaint procedures; promoting
supervisor responsibility and accountability; and requiring yearly
anti-discrimination training.
EEOC Acting Regional Attorney Debra M. Lawrence of the Philadelphia
District Office, which oversees parts of Ohio, said, “This case of
discrimination could have been avoided if the employer had followed
Title VII requirements. Even so, the settlement should be a reminder
to all employers of their obligations under the statute.”