$150,000 to Settle National Origin Bias Lawsuit; Training Required

 
Monday, December 4, 2017
 
Chas. S. Winner, Inc., doing business as Winner Ford of Cherry Hill and Winner Ford, will pay $150,000 and furnish significant equitable relief to settle a federal pay discrimination lawsuit filed by the EEOC.

The EEOC charged that since 2010, Winner Ford paid its Chinese emergency and accessory installation (EAI) technicians a lower starting wage and hourly wage than non-Chinese EAI technicians at its Cherry Hill, NJ location. Winner Ford paid starting Chinese EAI technicians up to $3 less per hour than non-Chinese EAI Technicians, even though they did the same work and some of the non-Chinese technicians had less or no relevant experience. The EEOC said that when a Chinese EAI technician complained about the wage disparity, he was reprimanded, and told that if he sought legal advice, he would be out of a job.

Such alleged conduct violated Title VII of the Civil Rights Act of 1964 which makes it illegal to discriminate against employees on the basis of national origin or to retaliate against individuals who complain about discrimination. The EEOC filed suit (EEOC v. Chas. S. Winner, Inc. d/b/a Winner Ford of Cherry Hill d/b/a Winner Ford, Civil Action No. 1:16-06137) in U.S. District Court for the District of New Jersey after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to the $150,000 in lost wages and other damages to the class members, the three-year consent decree prohibits Winner Ford from discriminating based on national origin, including in compensation, or engaging in retaliation. Winner Ford will implement and disseminate an anti-discrimination policy to all employees, applicants and new hires. Winner Ford will also provide training on federal EEO laws to all managers and employees involved in setting wages or handling discrimination complaints. It will also post a notice regarding the settlement.
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