McGriff Industries, Inc. and its subsidiary
McGriff Transportation, Inc., which operated a truck transportation
facility in Cullman, Ala., will pay $100,000 and furnish other relief
to settle a racial harassment and retaliation lawsuit filed by the
U.S. Equal Employment Opportunity Commission (EEOC), the agency
announced.
According to the EEOC, certain employees and managers in the Cullman
facility routinely used racially derogatory comments, slurs, and
insults directed at or about African-Americans. The racial misconduct
escalated to threats and intimidation, including a derogatory threat
to cut one of the black employees. White and black employees were
offended by the racial misconduct, but were rebuffed and retaliated
against -- one employee was terminated and another had his work
assignments changed -- when they complained.
Title VII of the Civil Rights Act of 1964 protects employees from
employment discrimination because of their race, sex, religion or
national origin and from retaliation for complaining about it. The
EEOC filed suit in U.S. District Court for the Northern District of
Alabama Northeastern Division (Civil Action 5:09-CV-01952-IPJ) after
first attempting to reach a pre-litigation settlement.
The settlement, by consent decree entered by the court on June 22,
2010, provides for a total payment of $100,000 to Todd A. Roseborough,
Sr., Paul Hogan and Aaron Greenwood. The decree also includes
injunctive terms applicable to each of McGriff’s offices, facilities
and retail establishments in the state of Alabama. Among other
requirements, McGriff must develop and implement effective
anti-discrimination policies and procedures, and train its employees,
supervisors and managers on the prohibitions against racial misconduct
in the workplace. The company will develop a system for reporting,
investigating and addressing complaints of workplace racial
misconduct; hold all employees accountable for engaging in it; and
hold supervisors and managers accountable for tolerating or failing to
address such misconduct.