Purpose. The Civil Rights Act of 1991 was passed to reverse a number of U.S. Supreme Court decisions between 1989 and 1991, and amends Title VII of the Civil Rights Act of 1964, the Rehabilitation Act of 1973, the Americans With Disabilities Act of 1990, the Age Discrimination In Employment Act and Section 1981 of the Civil Rights of 1866.
Damages. The Civil Rights Act of 1991 amends Title VII, the ADA and the federal employment section of the Rehabilitation Act to allow the complaining party to recover compensatory and punitive damages in the case of intentional discrimination.1 Compensatory damages is broadly defined to include future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life and other non-pecuniary losses. Punitive damages are authorized only when respondent has acted with malice or with reckless indifference to the federally protected rights of an aggrieved individual.2 The compensatory and punitive damages are limited to $50,000 for an employer with 15 to 100 employees, $100,000 for an employer with 101 to 200 employees, $200,000 for an employer with 201 to 500 employees, and $300,000 for an employer of more than 500 employees.
Jury Trial. The Act also provides that any party may demand a jury trial when a complaining party seeks either compensatory or punitive damages under Title VII, the ADA or the federal employment sections of the Rehabilitation Act. The Act provides that the court may not inform a jury of the statutory limits to the award of compensatory and punitive damages.3
Section 1981 of the Civil Rights Act of 1866. Until the 1989 U.S. Supreme Court decision in Patterson v. McLean Credit Union,4 Section 1981 protected individuals against race discrimination in employment at all stages of the employment process. In Patterson the Court held that Section 1981 only applied to the hiring process. The Civil Rights Act of 1991 amends Section 1981 to make clear that it prohibits racial discrimination at any stage of the employment process.5
Disparate impact cases. The Civil Rights Act of 1991 legislatively confirms that a plaintiff may recover under a disparate impact theory in Title VII litigation. In a disparate impact case, proof of intent of discriminatory motive is not required. If the plaintiff shows that a particular employment practice resulted in a disparate impact on protected class under Title VII, and if the employer fails to demonstrate that the challenged practice is job-related for the position in question and consistent with business necessity, then a violation of Title VII may be established.6 In addition, the Act requires the defendant to demonstrate business justification once the plaintiff has shown that the employer's practice has a disparate impact. Finally, if the employer provides a legitimate business justification for the action, the complaining party may prevail if it demonstrates an alternative employment practice that is not discriminatory and the employer refuses to adopt it.7
The Act also amends Title VII to prohibit changing or modifying scores or race norming when comparing scores on employment-related tests on the basis of race, color, religion, sex or national origin.8
Mixed motive cases. The Civil Rights Act of 1991 provides that an illegal employment practice is established by showing that race, color, religion, sex or national origin was a motivating factor, even though other factors also motivated the practice.9 The employer may then defend his case by establishing that the employer would have made the same employment decision even if it had not been partially motivated by a discriminatory reason. However, this defense merely has the effect of limiting the plaintiff's remedies to declaratory, injunctive relief and attorney fees and costs associated with the claim. The consequence is that the plaintiff cannot recover damages or an order that he/she be hired, promoted or reinstated.10
Challenges to judgments. The Act also limits the circumstances under which a non-party to a litigated or consent judgment or order may later challenge an employment practice that implements and is in the scope of such judgment or order.11
American citizens in foreign countries. The Act amends Title VII and the ADA to include under the definition of employee, United States citizens employed in foreign countries. It creates a presumption that a violation of Title VII or the ADA by a foreign corporation controlled by a U.S. employer is a violation of Title VII by the U.S. employer itself. The Act does provide an exemption for unlawful employer actions if compliance would violate the laws of the foreign country in which the workplace is located.12
Seniority systems. The Act states that with respect to a discriminatory seniority system, a violation of Title VII occurs at any of the following times: When the seniority system is adopted, when an employee becomes subject to the system, or when a person is injured by the application of the system or a provision of the system. Consequently, the limitations period may be considered to begin to run at any of those times.13
ADEA notice and limitations. The Act changes the time period for filing an ADEA action. There is now a requirement that the EEOC notify an aggrieved person if it dismisses a charge or if it otherwise terminates proceedings related to a charge. A civil action may then be brought against the respondent named in the charge within 90 days of receiving the EEOC notice.14 This change eliminates the two-year statute of limitations for non-willful violations and three-year of statute of limitations for willful violations. They are now both governed by the same 90 day period.
Expert witness fees. The Attorney's Award Act of 1976 has been amended by the Act to provide that expert fees may be awarded as part of an award of attorney's fees to a prevailing party.15
The Act does provide a variety of other miscellaneous provisions such as education and outreach, a glass ceiling commission, encouragement of alternative means of dispute resolution and a requirement that the EEOC create a technical assistance training institute whose mission is to provide assistance and training to employers regarding compliance with the equal employment laws.
SOURCES
- 42 U.S.C. § 1981a.
- 42 U.S.C. §§ 1981 a(b).
- 42 U.S.C. §§ 1981 a(c).
- 491 U.S. 164 (1989).
- 42 U.S.C. § 1981(b).
- 42 U.S.C. § 2000e-2(k)(1)(A)(i).
- 42 U.S.C. § 2000e-2(k)(1)(A)(ii).
- 42 U.S.C. § 2000e-(l).
- 42 U.S.C. § 2000e-2(m).
- 42 U.S.C. § 2000e-5(g)(2)(B).
- 42 U.S.C. § 2000e-2(n)(1).
- 42 U.S.C. § 2000e-1, 42 U.S.C. § 12112(c).
- 42 U.S.C. § 2000e-5(e)(2).
- 29 U.S.C. § 626(e).
- 42 U.S.C. § 1988(c).
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07/07/2010
|
Terminix Agrees to Pay $80,000 to Settle Pregnancy Discrimination Lawsuit
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07/06/2010
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O Fallon Billboard Company to Pay $55,000 to Settle Sexual Harassment and Retaliation Lawsuit
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07/02/2010
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Cullman Company To Pay $100,000 To Settle Race Discrimination Lawsuit
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06/29/2010
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EEOC and CVS Caremark Sign National Mediation Agreement
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06/25/2010
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Major Washington Apple Grower Sued for Sexual Harassment - EEOC Obtains Restraining Order to Protect Witnesses
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06/24/2010
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Home Builder Agrees to Pay $378,500 and Hire More African-Americans and Women
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06/10/2010
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Spencer Reed Group Pays $125,000 to Settle Race and Age Discrimination Lawsuit
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06/09/2010
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Noble Metal Processing to Pay $190,000 to Resolve Race Discrimination and Retaliation Case
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06/08/2010
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Harley Davidson Dealership to Pay $55,000 to Settle Sex Discrimination and Retaliation Suit
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06/04/2010
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National Denture Provider to Pay $150,000 to Settle Sex and Race Harassment Suit
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06/01/2010
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Supreme Court Revives Chicago Firefighters' Disparate Impact Claims
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05/27/2010
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Creative Networks Settles Retaliation Lawsuit for $110,000
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05/10/2010
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EEOC Collects on $471,000 Jury Award after Winning Appeal from Waterproofing Company In Sex Harassment Case
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05/03/2010
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Lafayette College Agrees To Pay $1 Million To Settle Sexual Harassment Suit
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04/26/2010
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EEOC Obtains $122,500 from Houston Construction Company for Religious, Race and National Origin Discrimination
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04/23/2010
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Biloxi Car Dealer to Pay $120,000 to Resolve Sex and Race Harassment Suits
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04/21/2010
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Athens Sonic Owner to Pay $70,000 to Settle Sexual Harassment Suit
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04/20/2010
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Electrical Company in Phoenix to Pay $100,000 to Settle National Origin Bias Suit
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04/13/2010
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Professional Building Systems Of North Carolina To Pay $118,000 To Settle Race Harassment Case
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04/01/2010
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Gonnella Baking Co. To Pay $350,000 To Settle National Origin Harassment And Retaliation Suit
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03/30/2010
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Alliance Rental Center Settles Religious Bias Suit Arising From "Red Shirt Fridays"
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03/22/2010
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Imagine Schools to Pay $570,000 to Settle Pregnancy Discrimination Lawsuit
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03/19/2010
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Administaff to Pay $115,000 for Alleged Religious Bias
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03/17/2010
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U.S. / Titan Concrete to Pay $135,000 to Settle National Origin, Age and Retaliation Lawsuit
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03/16/2010
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White Way Cleaners to Pay $42,250 to Settle Pregnancy Discrimination Suit
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03/15/2010
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Les Schwab Tire Centers Agrees To Pay $2,000,000 To Settle Hiring Discrimination Case Involving Females
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03/03/2010
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Walmart To Pay More Than $11.7 Million To Settle Sex Discrimination Suit
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03/02/2010
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Western Slope Sand & Gravel Company Pays Nearly Half Million to Settle Sex Bias and Retaliation Lawsuit
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02/25/2010
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Court Awards Employer $4.5 Million in Fees Against EEOC in Harassment Suit
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02/23/2010
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Western Slope Sand & Gravel Company Pays Nearly Half Million to Settle EEOC Sex Discrimination and Retaliation Lawsuit
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02/19/2010
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UPS Freight to Pay $46,000 to Settle Religious Discrimination Lawsuit Concerning Rastafarian Religious Beliefs
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02/18/2010
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Big Lots to Pay $400,000 for Alleged Race Harassment
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02/11/2010
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Landwin Management to Pay $500,000 for National Origin Bias and Sexual Harassment
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02/08/2010
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EEOC Celebrates One-Year Anniversary of the Lilly Ledbetter Fair Pay Act of 2009
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02/02/2010
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Boeing Settles Two Sex Discrimination and Retaliation Lawsuits for $380,000
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01/28/2010
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$428,500 Decree Ends Suit Against Eagle Wings for Sexual Harassment, Retaliation and Disability Bias
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01/27/2010
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Memphis Goodwill Agrees to Pay $105,000 to Settle EEOC Race Bias and Retaliation Lawsuit
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01/25/2010
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Georgia Car Dealership to Pay $140,000 for Racial Harassment of Black Manager
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01/14/2010
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Sims Chevrolet To Pay $85,000 To Settle EEOC Suit For Racial Discrimination And Retaliation
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01/07/2010
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Ralph Schomp Automotive Agrees To Pay $1.5 Million To Settle EEOC Sex And Age Bias Lawsuit
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01/06/2010
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Race, LLC / Studsvik to Pay $650,000 to Settle Racial Harassment & Retaliation Suit
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01/05/2010
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Vanguard Group to Pay $300,000 to Settle Suit Alleging Racial Bias in Hiring
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12/31/2009
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Outback Steakhouse To Pay $19 Million For Sex Bias Against Women In 'Glass Ceiling' Suit By EEOC
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12/30/2009
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Whirlpool Corp. To Pay Over $1 Million For Harassing Black Female Worker
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12/28/2009
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Federal Court Enters $130,000 Consent Decree Ending Religious Bias Suit Against Mesaba Airlines
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12/21/2009
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Ivy Hall Assisted Living Pays $43,000 to Settle Religious Discrimination Lawsuit
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12/17/2009
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Bahama Breeze to Pay $1.26 Million to Settle Suit for Racial Harassment of Black Workers
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12/16/2009
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Albertsons Agrees To Pay $8.9 Million For Alleged Job Bias Based On Race, Color, National Origin, Retaliation
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12/15/2009
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Phoenix Car Dealers to Pay $500,000 to Settle Suit For Race and Sex Harassment, Retaliation
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12/03/2009
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Kohler Company Pays $175,000 to Settle Pregnancy Discrimination Lawsuit
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11/19/2009
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Utah Japanese Restaurant To Pay $30,000 To Settle EEOC Pregnancy Discrimination Suit
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11/17/2009
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Cheesecake Factory Will Pay $345,000 to Six Male Employees in Same-Sex Harassment Suit
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11/16/2009
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Regal Entertainment Group to Pay $175,000 for Alleged Sex Harassment of Man by Female Co-Worker
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11/12/2009
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Danella Construction To Pay $200,000 For Sex Discrimination And Retaliation
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11/11/2009
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Ruby Tuesday Will Pay $255,000 to Settle EEOC Sexual Harassment Lawsuit Involving Teens
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11/06/2009
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Lawry's Restaurants to Pay $1 Million for Alleged Sex Bias Against Men in Hiring
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11/05/2009
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Tim Dahle Nissan to Pay $455,000 for Alleged Sexual Harassment and Retaliation
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10/26/2009
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New EEO Poster Available
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10/14/2009
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Prison Pays $1.3 Million to Settle Sex Harassment Claims
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09/17/2009
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$415,000 in Racial Harassment Case Against Credit Card Processing Company
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09/15/2009
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Jury Verdict of $241,708 Against Go Daddy Upheld
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09/03/2009
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Mars Super Markets to Pay $275,000 and Offer Jobs to Women in Sex Bias Suit
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09/02/2009
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$350,000 Sex Harassment Settlement by Taco Bell
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08/26/2009
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Lowe's Settles Discrimination and Harassment Suit for $1.7 Million, Includes Required Training of Employees
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08/25/2009
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Wilcox Farms Settles EEOC Sexual Harassment and Retaliation Suit for $260,000 and Agreed to Train Employees
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08/24/2009
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PetSmart Will Pay $125,000 to Settle EEOC Sex Harassment and Retaliation Suit
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08/13/2009
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R-Anell Housing to Pay $200,000 to Settle EEOC Sex Bias Suit; Training Included as Part of Settlement
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08/05/2009
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$710,000 Settlement of Sexual Harassment Suit with Hometown Buffet Includes Training
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08/04/2009
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AT&T Pays $1.3 Million to Satisfy Judgment in Religious Discrimination Suit
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07/31/2009
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$1.7 Million Bias Settlement in Saipan
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07/20/2009
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Supreme Court: White Firefighters Discriminated Against When They Had the Highest Test Scores, but Not Promoted
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07/10/2009
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Preferred People Staffing to Pay $250,000 to Settle Sex Bias Suit
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06/25/2009
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Chateau Del Mar/Hickory Hills Country Club to Pay up to $690,000 to Settle EEOC Sex and Race Discrimination and Retaliation Lawsuits
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06/23/2009
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Simula to Pay $110,000 to Settle EEOC Gender, Equal Pay and Retaliation Case
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06/17/2009
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Ryan's Family Steakhouse Pays $500,000 in Race Bias and Sex Discrimination and Retaliation Case
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06/16/2009
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Dillard's to Pay $110,000 in Same-Sex Harassment Case
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06/15/2009
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Jury Verdict Against Autozone in Sexual Harassment Case
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06/12/2009
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$1.45 Million Settlement in Sex Bias Case
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06/01/2009
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$630,000 Payment in Race Bias Suit Against Area Erectors, Inc.
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05/29/2009
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$240,000 Settlement by Duane Reade Drug Store Chain in Sexual Harassment Case
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05/26/2009
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Ceisel Masonry to Pay $500,000 to Settle Alleged Harassment of Hispanic Workers
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05/19/2009
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Maverick Tube to Pay $175,000 to Settle Retaliation Suit
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05/11/2009
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Wal-Mart Sued by EEOC for Harassment of Latinos at Fresno Sam's Club
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04/29/2009
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$267,000 Judgment Against Glass Company in Phoenix in Sexual Harassment Case
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04/22/2009
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EEOC Issues Best Practices of Workers with Caregiver Responsibilities to Avoid Discrimination
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04/20/2009
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Nordstrom to Pay $292,500 to Settle Harassment Suit
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04/16/2009
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English Only Rule on Spanish Speakers Only; National Origin Bias Suit Settled for $450,000
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04/15/2009
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Race Bias Suit Settled for $495,000
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04/01/2009
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$300,000 Settlement for Class of Female Professors Alleging Pay Bias
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03/30/2009
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$4.3 Million Court Approved Settlement in National Origin Bias Case
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03/23/2009
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N-M Ventures to Pay $457,500 to Settle Race Bias Suit
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