Austin Foam Plastics, Inc., a producer and distributor of
corrugated box and cushion packaging, will pay $600,000 to settle a
racial harassment, sexual harassment and retaliation lawsuit filed by
the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC's lawsuit (Civil Action No. A-09-CA-180-LY) charged Austin
Foam with violating Title VII of the Civil Rights Act of 1964 by
subjecting African-American employees to a racially hostile work
environment, subjecting two male employees to a sexually hostile work
environment and discharging one employee for opposing and reporting the
misconduct.
The EEOC said that the harassment included black employees being
routinely subjected to discriminatory intimidation, ridicule, insults,
racially offensive comments and jokes, cartoons and images which
denigrated African-Americans. The EEOC also charged that a female
manager sexually harassed male employees by subjecting them to
unwelcome sexual comments and unsolicited physical contact of a sexual
nature and that she conditioned more favorable terms of employment on
acquiescence to her sexual advances and overtures.
Sexual harassment, racial harassment and retaliation all violate
Title VII of the Civil Rights Act of 1964. The EEOC filed suit after
first attempting to reach a voluntary settlement. The remedies sought
by the EEOC include back pay, compensatory damages, and punitive
damages for the victims, as well as injunctive relief.