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Civil Justice Center


Racial Comment Noose Discrimination Lawsuit


By Cletus Ernster

In a news release at http://www.eeoc.gov/eeoc/newsroom/release/5-24-10.cfm , the U. S. Equal Employment Opportunity Commission (”EEOC”) announced that a Missouri construction company has settled a race harassment lawsuit filed by EEOC attorneys.  According to the May 24, 2010 news release, EEOC attorneys charged in the employment discrimination lawsuit that the company violated federal law by racially harassing three African American construction workers and then taking reprisals against them when one complained.  More specifically, EEOC attorneys asserted that the three black construction workers were subjected to unlawful racial harassment which included the use of racially charged comments and the display of a noose. 

Racial harassment and retaliation for complaining about it violate Title VII of the Civil rights Act of 1964, and the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination.  In this regard, EEOC attorneys filed the discrimination lawsuit after the agency first attempted to reach a voluntary pre-litigation settlement.  Further information about the EEOC and the federal laws it enforces is available at www.eeoc.gov .

Whether unlawful workplace racial harassment and display of nooses occurs in Beaumont, Conroe, Port Arthur or elsewhere, victims of employment related race harassment may contact the EEOC and an attorney to determine if a racial discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential discrimination claim.

Link to Article: Racial Comment Noose Discrimination Lawsuit

Posted in: Employment Discrimination, Racial Discrimination, Retaliation

 

 

News About Alleged Racially Motivated Crimes


By Cletus Ernster

In May 2010 , the United States Department of Justice (”DOJ”) issued three news releases describing criminal proceedings DOJ attorneys charge were motivated by race.  A May 12th news release posted by the DOJ at http://www.justice.gov states that a 23-year-old man has been indicted by a federal grand jury for participating in a civil rights conspiracy in connection with an October 2008 cross-burning near the home of an interracial racial couple in Athens, Louisiana.  In that case, a co-conspirator was convicted this past January for conspiring to burn a cross, using fire to commit a federal felony and obstruction of justice charges stemming from this same cross-burning.  A May 13th DOJ news release states that a federal grand jury in the District of Massachusetts has charged two men in a three-count superseding indictment in relation to the arson of a church.  According to that news release, the superseding indictment alleges that in the early morning of November 5, 2008, within hours of Barack Obama being elected President of the United States, the two men agreed to burn and succeeded in burning the Macedonia Church of God in Christ, a predominately African American church.  In a May 17th DOJ news release, DOJ attorneys announced that a white supremacist pleaded guilty to using the Postal Service to send a threatening communication to the president of the Lima, Ohio chapter of the National Association for the Advancement of Colored People.  As stated in the news release, the white supremacist admits mailing a hangman’s noose in order to convey a threat to injure the victim because the victim advocated publicly for better police services for African Americans in Lima, Ohio.  A Civil Rights Division attorney quoted in the news release stated, in part, that “A noose is an unmistakable symbol of hate in our nation, and it was used in this case to intimidate an individual exercising his right to speak out and advocate on behalf of others.”

With respect to the indictments, the DOJ cautioned in the news releases that details in an indictment are allegations and defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.  Further information about the DOJ and the laws it enforces is available in the DOJ’s website at www.doj.gov .

Link to Article: News About Alleged Racially Motivated Crimes

Posted in: Civil-Rights, Racial Discrimination

 

 

Houston Employment Discrimination Lawsuit


By Cletus Ernster

Attorneys with the United States Equal Employment Opportunity Commission (”EEOC”) announced in a news release at http://www.eeoc.gov/eeoc/newsroom/release/4-22-10.cfm that a Houston area construction company will pay $122,500 and provide additional remedial relief to resolve an employment discrimination lawsuit filed on behalf of fourteen company employees.  According to the April 22, 2010 news release, EEOC attorneys charged in the lawsuit that a supervisor of an employee of Islamic faith and East Indian descent referred to the employee as “terrorist,” “Taliban,” “Osama,” and “Al-Qaeda.”  The EEOC alleged further that the same supervisor, as well as others in company management, regularly referred to African Americans as “n—–s” and to Hispanics as “f—–g Mexicans.”  An EEOC attorney quoted in the news release stated, in part, that “Employees have an absolute right to be free from discriminatory harassment in the workplace.”

In this regard, the EEOC is a federal agency which enforces federal laws that prohibit employment discrimination, and EEOC attorneys filed the race, religious and national origin discrimination lawsuit in the Houston Division of the Southern District of Texas.  Further information about the EEOC and the laws it enforces is available in the agency’s website at www.eeoc.gov

Whether employment related harassment based on race, religion or national origin discrimination occurs in Houston or elsewhere, victims of discriminatory workplace practices may contact the EEOC and an attorney to determine if an employment discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential unlawful harassment claim.

Link to Article: Houston Employment Discrimination Lawsuit

Posted in: National Origin Discrimination, Racial Discrimination, Religious Discrimination

 

 

Meridian Mississippi Discrimination Lawsuit


By Cletus Ernster

In a May 3, 2010 news release, the United States Equal Employment Opportunity Commission (EEOC) announced at http://www.eeoc.gov/eeoc/newsroom/release/5-3-10.cfm that a Meridian, Mississippi nursing home will pay $40,000 and furnish other relief to settle an age and race discrimination lawsuit filed by EEOC attorneys on behalf of a 53-year-old black female who claimed she was denied a social worker position because of her age and race.  According to the news release, EEOC attorneys charged in the discrimination lawsuit that the company refused to consider her for the position even though she had 27-plus years experience as a social worker.  Instead, the EEOC said, a less qualified 34-year-old white female was the only candidate interviewed and then hired. 

The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including age and race discrimination.  The EEOC’s Birmingham District Office is responsible for processing charges of discrimination, administrative enforcement, and the conduct of agency litigation in Alabama, Mississippi, and Northern Florida, with Area Offices in Jackson, Mississippi and Mobile, Alabama.  In this regard, EEOC attorneys filed the lawsuit in the Southern District of Mississippi after first attempting to reach a voluntary pre-litigation settlement.  Further information about the EEOC and the federal laws it enforces is avaliable at www.eeoc.gov .   

Whether employment discrimination occurs in Mississippi or elsewhere, victims of workplace age and race discrimination or harassment may contact the EEOC and an attorney to determine if an employment discrimination lawsuit is ultimately appropriate under the particular facts and circumstances of the potential discrimination claim.

Link to Article: Meridian Mississippi Discrimination Lawsuit

Posted in: Age Discrimination, Racial Discrimination

 

 

Race Harassment Case Settled By EEOC Attorneys


By Cletus Ernster

In a news release at http://www.eeoc.gov/eeoc/newsroom/release/4-8-10c.cfm , attorneys with the United States Equal Employment Opportunity Commission (EEOC) announced that a North Carolina building system company will pay $118,000 to African-American employees who filed charges of racial harassment against the company with the EEOC.  According to the April 8, 2010 EEOC news release, EEOC attorneys brought the racial harassment lawsuit against the company after it had identified at least 12 black employees who had been subjected to racial harassment.  As stated in the news release, EEOC attorneys charged in the race harassment case that black employees were subjected to racial harassment that involved the creation and display of nooses; references to black employees as “boy” and by the “N-word”; and racially offensive pictures such as a picture that depicted the Ku Klux Klan looking down a well at a black man.  In its complaint, the EEOC alleged that company managers not only knew about the harassment and took no action to stop or prevent it, but also that a manager was one of the perpetrators of the harassment. 

Racial harassment violates Title VII of the Civil Rights Act of 1964.  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including workplace racial harassment, and the EEOC filed the race harassment case after first attempting to reach a voluntary settlement with the company.

Whether employment related racial discrimination occurs in Beaumont, Conroe, Houston or elsewhere, victims of racial discrimination may contact the EEOC and an attorney to determine if an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential race harassment case.

Link to Article: Race Harassment Case Settled By EEOC Attorneys

Posted in: Racial Discrimination

 

 

Racial Harassment Case


By Cletus Ernster

The United States Equal Employment Opportunity Commission (EEOC) is a federal agency which enforces federal laws prohibiting employment discrimination, including workplace racial harassment and retaliation for complaining about it.  On December 31, 2009, EEOC lawyers announced that a Memphis radioactive waste processing company will pay $650,000 to 23 African American employees and provide other relief to settle a race and retaliation discrimination lawsuit filed by the EEOC in the Western District of Tennessee.  See, http://www.eeoc.gov.eeoc/newsroom/release/12-31-09a.cfm .  According to the EEOC’s lawsuit against Race, LLC doing business as Studsvik, LLC, a lead worker in the Studsvik shop and other African American employees were subjected to racially offensive comments by their white supervisor.  In addition, EEOC lawyers charged that the lead worker’s supervisor regularly referred to him and other African American employees with the N-word and other derogatory slurs, such as “boy.”  Moreover, white managers allegedly subjected the lead worker and other African American employees to excessive radiation exposure, more than their white co-workers.  As stated in the press release, EEOC lawyers further contended that the lead worker was suspended for 15 days and then laid off in retaliation for complaining about the racial harassment.  An EEOC lawyer with the agency’s Memphis District Office was quoted in the press release, saying, in part, that “Racial harassment remains a longstanding problem in the workplace for many minorities.”  EEOC Acting Chair Stuart Ishimaru added that “Some of the discrimination alleged in this case is unusually extreme because of the physical danger it created for African American employees.” 

Additional information about the EEOC and the federal laws it enforces may be found online in the agency’s website at www.eeoc.gov

Whether employment related racial harassment and retaliation occurs in Memphis or elsewhere, victims of racial harassment may contact the EEOC and a lawyer to determine if an employment discrimination lawsuit is ultimately appropriate under the particular circumstances and facts of the potential racial harassment case.

Link to Article: Racial Harassment Case

Posted in: Employment Discrimination, Racial Discrimination, Retaliation

 

 

Racial Discrimination Case


By Cletus Ernster

WSOCTV.com posted a February 15, 2010 article regarding a North Carolina lawsuit filed on behalf of 12 current and former AAA Carolinas employees. According to WSCOTV.com, the plaintiffs allege that they were denied promotions and subjected to racial and sexual slurs by managers at AAA.  See, http://www.wsoctv.com , “Lawsuit Alleges Racial, Sexual Discrimination At AAA Carolinas,” 2/15/10.  As further stated in the article, the discrimination lawsuit also claims those managers favored white employees over African-American.  WSOCTV.com reports in the article that Eric Greene said he was demoted after complaining about being called “boy” and having to endure racial jokes, adding that, after filing a complaint with the EEOC, he got an anonymous letter saying: “You better drop those charges with the EEOC because if you don’t, something will happen to you and your family.”  In this regard, Greene claims his car was stolen and set on fire that same day.  For its own part, AAA issued a statement denying the allegations and stating it would vigorously defend itself in court. 

The EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including employer retaliation for complaining about and opposing unlawful racial and sexual discrimination.  Further information about the EEOC is available at www.eeoc.gov .   

Whether illegal employment related racial and sexual discrimination, as well as retaliation for complaining about it, occurs in Beaumont, Conroe, Houston or elsewhere, victims of employment discrimination may contact the EEOC and an attorney to determine if a racial or sexual discrimination and retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential discrimination case.

Link to Article: Racial Discrimination Case

Posted in: Racial Discrimination

 

 

Racially Hostile Work Environment Lawsuit


By Cletus Ernster

In a press release at http://www.eeoc.gov/eeoc/newsroom/release/2-22-10.cfm , a trial attorney with the U. S. Equal Employment Opportunity Commission (EEOC) comments that racial harassment in the workplace will not be tolerated, adding “Discrimination is not a joke - it’s a violation of federal law.”  In this regard, the EEOC’s February 22, 2010 press release announces the filing of a racial harassment lawsuit in which  federal agency attorneys charge that a party rental company violated federal law by subjecting black employees to a racially hostile work environment.  According to the press release, the EEOC lawsuit alleges that a driver and warehouse employee, as well as other African American employees, were repeatedly subjected to unwelcome derogatory racial comments and slurs, including epithets such as the “N-word,” as well as racial jokes, by one of the company owners.  EEOC attorneys further assert in the case that complaints were made but the harassment continued. 

In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including workplace racial harassment.  EEOC attorneys filed the hostile work environment lawsuit under Title VII of the Civil Rights Act of 1964.  Title VII makes it unlawful for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of race.  EEOC attorneys filed the racial harassment lawsuit after the EEOC first attempted to reach a voluntary pre-litigation settlement. 

Whether an employer creates a racially hostile workplace in Beaumont, Conroe, Houston or elsewhere, victims of employment related racial harassment may contact the EEOC and an attorney to determine if a hostile work environment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential employment discrimination claim.

Link to Article: Racially Hostile Work Environment Lawsuit

Posted in: Hostile Work Environment, Racial Discrimination

 

 

EEOC Attorneys Settle Race Harassment Lawsuit


By Cletus Ernster

In a press release at http://www.eeoc.gov/eeoc/newsroom/release/2-16-10.cfm , U. S. Equal Employment Opportunity Commission (EEOC) attorneys announced the settlement of the EEOC’s race harassment and discrimination lawsuit against the nation’s largest broadline closeout retailer.  The settlement includes total monetary relief of $400,000 to be paid to at least five employees along with a group of unidentified class members.  The company also agreed to a two-year consent decree that calls for the implementation of new policy, training, procedures and court monitoring to address harassment and discrimination in the workplace.

According to the press release, EEOC attorneys filed the race harassment lawsuit in 2008, alleging that the company violated Title VII of the Civil Rights Act of 1964 when it subjected a black maintenance mechanic and other black employees to race harassment and discrimination at a California distribution center.  As further stated in the press release, EEOC attorneys contended that an immediate supervisor and co-workers, all Hispanic, made racially derogatory jokes, comments, slurs and epithets, but the company took no steps to prevent or correct it, despite learning of the harassment. 

In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including workplace racial harassment.  In Fiscal Year 2009, the EEOC reportedly received 33,579 charges alleging race-based discrimination, accounting for about 36% of the agency’s private sector caseload.  Historically, race-based charges have been one of the most frequent types of filings with EEOC offices nationwide.  Additional information about the EEOC is available at www.eeoc.gov

Whether workplace race harassment and discrimination occurs in Beaumont, Galveston, Port Arthur or elsewhere, victims may contact the EEOC and an attorney to determine if a race harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential employment discrimination claim.

Link to Article: EEOC Attorneys Settle Race Harassment Lawsuit

Posted in: Racial Discrimination

 

 

EEOC Attorneys Settle Employment Discrimination Lawsuit


By Cletus Ernster

United States Equal Employment Opportunity Commission (EEOC) attorneys announced settlement of an employment discrimination lawsuit against Albertsons, LLC, a national grocery store chain, according to a December 2009 EEOC press release at http://www.eeoc.gov/eeoc/newsroom/release/12-15-09,cfm .  As stated in the press release, Albertsons, LLC will pay $8.9 million and furnish other relief to settle three employment discrimination lawsuits in which EEOC attorneys charged the company with race, color, and national origin discrimination and retaliation at its Aurora, Colorado distribution center.  The monetary relief will be distributed among 168 former and current employees.

The first lawsuit was filed in 2006 and alleged a pattern or practice of workplace harassment and discrimination based on race, color and national origin.  According to that lawsuit, minority employees were repeatedly subjected to derogatory comments and graffiti, including racial and ethnic slurs, depictions of lynchings, swastikas, and white supremacist and anti-immigrant statements.  Some of the graffiti allegedly remained for years until the restroom was remodeled in 2005.  In the second lawsuit, EEOC attorneys alleged a pattern or practice of retaliation.  A third lawsuit filed in 2008 claimed race discrimination on behalf of a single African American employee at the distribution center who was fired.

An EEOC attorney quoted in the press release said that the graffiti was particularly shocking.  In addition, the attorney commented as follows: “These cases presented the EEOC with some of the most egregious examples of race, color, and national origin discrimination the agency has seen in years.”  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including discrimination based upon race, color and national origin.  Further information about the EEOC may be found at www.eeoc.gov

Whether race, color and national origin employment discrimination and retaliation occurs in Conroe, Houston, Texas City or elsewhere, victims of workplace harassment may contact the EEOC and an attorney to determine if a workplace harassment lawsuit is ultimately appropriate under the particular circumstances and facts of the potential employment discrimination claim.

Link to Article: EEOC Attorneys Settle Employment Discrimination Lawsuit

Posted in: Employment Discrimination, National Origin Discrimination, Racial Discrimination, Retaliation

 

 

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