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Employee Legal Protections For Opposing Racial Harassment
By Cletus Ernster
In Texas, Chapter 21 of the Texas Labor Code prohibits employment practices which result in the firing of an employee based on the individual’s race or color. In addition, Chapter 21 of the Texas Labor Code prohibits employer retaliation against individuals who oppose workplace discrimination, make or file charges of discrimination, file a discrimination complaint or testify, assist, or participate in any manner in an investigation, proceeding or hearing. With respect to retaliation, an internal grievance alleging conduct that violates Chapter 21’s prohibitions against discrimination reasonably equates to opposition against discriminatory conduct regardless of whether a formal complaint has been filed with, for example, a governmental agency such as the Texas Workforce Commission or the U. S. Equal Employment Opportunity commission (EEOC).
For its own part, the EEOC is a federal agency responsible for enforcing federal laws prohibiting employment discrimination. For example, the EEOC may investigate and litigate charges of employment discrimination, including allegations of workplace racial harassment or retaliation for complaining about race harassment. In a Press Release at http://www.eeoc.gov/eeoc/newsroom/release/10-4-11a.cfm , EEOC attorneys announced filing of a federal lawsuit in which the agency charges that a company violated federal law by subjecting employees to racial slurs and retaliating against them for complaining about racial harassment. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits race discrimination in employment and protects employees from retaliation when they report discriminatory treatment. Further information about the EEOC is available at www.eeoc.gov .
Whether employees are subjected to workplace racial harassment and slurs in Beaumont, Cuero, San Antonio or elsewhere, employees who believe they have experienced unlawful racial discrimination and termination may contact the EEOC and an attorney to determine whether a racial harassment and retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential employment discrimination claim.
Link to Article:
Employee Legal Protections For Opposing Racial Harassment
Posted in:
Racial Discrimination, Retaliation
Truck Drivers Harassed with Racist Slurs
By Cletus Ernster
In a lawsuit filed on September 29, 2011, lawyers with the U. S. Equal Employment Opportunity Commission charge that a trucking company violated federal law by allowing a supervisor to harass employees with racial epithets, including the trucking company’s only African-American driver. See, http://www.eeoc.gov/eeoc/newsroom/release/9-29-11o.cfm . According to the EEOC, an African-American driver was targeted by his dispatcher with racially offensive comments such as coon, gorilla, porch monkey, and the N-word. He also heard slurs directed at other ethnic groups, including raghead, sand N-word and wetback. As stated by the EEOC, other truck drivers witnessed the racial harassment and one even complained to management, but the trucking company still failed to take effective action and the harassment continued. Racial harassment violates Title VII of the Civil Rights Act of 1964, and EEOC lawyers filed the racial harassment lawsuit after an attempt was first made to resolve the case through a voluntary settlement.
Whether employees are subjected to racist slurs, racial comments and unlawful verbal harassment based on race in Beaumont, Cuero, Conroe or elsewhere, workers may contact the EEOC and a lawyer to determine if a workplace racial harassment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential discrimination case.
Link to Article:
Truck Drivers Harassed with Racist Slurs
Posted in:
Hostile Work Environment, Racial Discrimination
EEOC Attorneys Sue Bakery For Racial Harassment
By Cletus Ernster
The United States Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for enforcing federal laws prohibiting employment discrimination, including workplace racial harassment. In a Press Release at http://www.eeoc.gov/eeoc/newsroom/release/9-28-11b.cfm , EEOC lawyers announced filing of a federal lawsuit against a family-owned bakery business accused of subjecting black employees to a hostile work environment based on their race. According to the EEOC, African-American employees were subjected to racially offensive language from the company’s vice president and one of the company’s supervisors, including racial slurs and insulting racial comments such as “I am glad to get rid of that n—-r,” and “you are a stupid n—-r,” as well as “boy” and “monkey.” In addition, the EEOC contends that one of the plaintiffs overheard the supervisor refer to black employees as nigger at least twice per week. Moreover, the EEOC also charges that black employees made complaints to the vice president and the supervisor about their unwelcome racial comments, but the racial harassment continued.
Race discrimination, including racial harassment, violates Title VII of the Civil Rights Act of 1964, and, in Texas, Chapter 21 of the Texas Labor Code similarly prohibits this type of unlawful workplace misconduct. Ethnic slurs, racial jokes, offensive or derogatory comments, including, for example, opprobriums such as mayate and nigger, or other verbal or physical conduct based on an individual’s race and color constitutes unlawful harassment when the conduct creates an intimidating, hostile, or offensive working environment, or interferes with the individual’s work performance.
As stated by an EEOC lawyer, “No worker whould have to endure such crude and cruel insults as these [and] [t]he EEOC is deeply committed to combating such misconduct and filing suit against employers if they ignore complaints about it.”
Whether racial harassment in the workplace occurs in Conroe, Cuero, Houston or elsewhere, employees subjected to cruel racial comments, remarks or misconduct may contact the EEOC and a lawyer to determine if a racial harassment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential race harassment claim.
Link to Article:
EEOC Attorneys Sue Bakery For Racial Harassment
Posted in:
Hostile Work Environment, Racial Discrimination
Houston Race Discrimination And Retaliation Lawsuit
By Cletus Ernster
“Enforcement of anti-discrimination laws depends upon employees who are willing to oppose and report conduct that might violate them,” said EEOC Regional Attorney Jim Sacher in connection with a settlement obtained by the federal agency in a Houston race discrimination and retaliation lawsuit filed by EEOC attorneys against a Houston energy company. The EEOC’s lawsuit asserted that African-American employees working at the defendants’ plant in Houston were subjected to a racially hostile work environment and that three of the African-American employees were discharged after they complained about harassment. See, http://www.eeoc.gov/eeoc/newsroom/release/9-27-11h.cfm .
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, including sexual harassment and pregnancy, or national origin, and prohibits employers from retaliating against those who complain about discriminatory misconduct. In this regard, the EEOC is a federal agency responsible for enforcing federal laws which prohibit employment discrimination and retaliation. In Texas, Chapter 21 of the Texas Labor Code also protects individuals against employment discrimination on the basis of race and color, as well as national origin, sex, or religion. As with Title VII, Chapter 21 of the Texas Labor Code protects workers against retaliation. With respect to retaliation, an employer may not fire, demote, harass or otherwise take adverse employment actions against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing employment discrimination. More information about the laws enforced by the EEOC is available at www.eeoc.gov . In addition, information about the Texas Workforce Commission and Chapter 21 of the Texas Labor Code is available at www.twc.state.tx.us/crd/facts.html .
In another Houston race discrimination and retaliation lawsuit filed by EEOC attorneys, the federal agency alleges that Bass Pro Outdoor World, LLC, a nationwide retailer of sporting goods, apparel and other products, engaged in a pattern or practice of failing to hire African-American and Hispanic applicants for positions in its retail stores nationwide, and retaliated against employees who opposed discriminatory practices. See, http://www.eeoc.gov/eeoc/newsroom/release/9-21-11.cfm . According to the EEOC Press Release for this lawsuit, EEOC lawyers assert in the case that qualified African-Americans and Hispanics were routinely denied retail positions such as cashier, sales associate, team leader, supervisor, manager and other positions at many stores nationwide. In addition, the EEOC said the lawsuit alleges that store managers in the Houston area, in Louisiana, and elsewhere made overtly racially derogatory remarks acknowledging the discriminatory practices, including allegedly that hiring black candidates did not fit the coporate profile. Moreover, the company punished employees who opposed the company’s unlawful practices, in some instances firing them or forcing them to resign, according to the Press Release.
Whether unlawful employment-related race discrimination and retaliation occurs in Houston or elsewhere, employees subjected to workplace racial discrimination and retaliation for opposing discriminatory practices may contact the EEOC, the Texas Workforce Commission and a lawyer to determine if a race discrimination and retaliation lawsuit is ultimately appropriate under the particular circumstances and facts of the potential claim.
Link to Article:
Houston Race Discrimination And Retaliation Lawsuit
Posted in:
Racial Discrimination, Retaliation
EEOC Sues U-Haul for Racial Harassment
By Cletus Ernster
U-Haul violated federal law by subjecting African-American employees to a racially hostile work environment because of their race, according to a United States Equal Employment Opportunity Commission (EEOC) Press Release at http://www.eeoc.gov/eeoc/newsroom/release/9-29-11l.cfm . In this regard, the EEOC stated that its lawsuit charges U-Haul with subjecting an African-American mechanic and other African-American employees to racially offensive comments from a white supervisor and other employees. More specifically, EEOC attorneys charge in the lawsuit that a supervisor of the mechanic regularly referred to him and other African-American employees with the N-word and used other derogatory slurs. In addition, the EEOC racial harassment lawsuit contends that the mechanic’s co-worker, a parts room employee, subjected African-American employees to the same offensive behavior by using racial slurs and refusing to let African-Americans enter the parts room.
The alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, and the EEOC filed suit after first attempting to reach a voluntary settlement. An EEOC Director quoted in the Press Release stated, in part, as follows: “It is appalling that racial harassment and the use of racial slurs are still found in today’s workplace … Employees should not have to endure a racially hostile work environment in order to earn a living.”
For more information about the EEOC and the laws it enforces, see www.eeoc.gov .
Link to Article:
EEOC Sues U-Haul for Racial Harassment
Posted in:
Hostile Work Environment, Racial Discrimination
Progressive Discipline Discrimination
By Cletus Ernster
In a Press Release at http://www.eeoc.gov/eeoc/newsroom/release/8-16-11e.cfm , attorneys with the U. S. Equal Employment Opportunity Commission (EEOC) announced filing of an employment discrimination lawsuit in which the EEOC charges that a not for profit health care provider violated federal law when it failed to meaningfully investigate an employee’s claims of harassment and race discrimination, retaliated against the employee for using the company’s internal complaint system, and ultimately fired the employee after she filed a charge of discrimination. According to the EEOC, an African-American employee repeatedly complained to the human resources department about her treatment at the hands of her white male supervisor and the company failed to investigate her numerous complaints, deciding instead to ultimately fire her without any progressive disciplinary steps even though she had no prior discipline. In this regard, she was allegedly terminated because of disrespectful behavior and failure to follow instructions, and white male employees who allegedly engaged in similar or worse behavior were given formal discipline and sent to classes - at the employer’s expense - to improve their workplace behavior.
Such alleged misconduct violates Title VII of the Civil Rights Act of 1964. The EEOC is a federal agency responsible for enforcing federal laws prohibiting employment discrimination. Prior to filing suit, the EEOC attempted to reach a voluntary pre-litigation settlement. More information about the EEOC and the laws it enforces may be found at www.eeoc.gov .
Link to Article:
Progressive Discipline Discrimination
Posted in:
Employment Discrimination, Racial Discrimination, Retaliation
EEOC Files Class Action Discrimination Case In Houston
By Cletus Ernster
As reported by the Houston Chronicle, the United States Equal Employment Opportunity Commission (EEOC) filed a federal class action lawsuit on September 21, 2011 against Bass Pro World, a nationwide chain with two Houston area locations, alleging that the company rejected thousands of qualified blacks and Hispanics and retaliated against employees who believed the company’s practices were discriminatory. See, Sixel, L. M. “Bass Pro Rejected Minority Applicants, Feds Allege,” Houston Chronicle, 9/21/11. According to Jim Sacher, a regional attorney for the EEOC in Houston, the EEOC built much of its case on evidence provided by former store managers and human resource managers. In this regard, the Chronicle reports that the lawsuit stems from a 6-year-old complaint to the EEOC by a white manager at the Bass Pro Outdoor World store in Katy, Texas, who alleged she was fired when she complained to her boss about mistreatment of black job applicants and employees. As further discussed in the article, the follow up investigation led federal officials to believe that the alleged practice of not hiring minorities for hourly or salaried positions was a nationwide pattern in the company’s 55 stores, including the two in the Houston area, one in San Antonio and two in the Dallas area. Several complaints filed against the retailer came from managers, including two former human resource managers in Katy who contended that they suffered retaliation for opposing discriminatory hiring practices and mistreatment of the store’s few minority employees, according to the article.
Individuals who believe they may have been denied a position at the company because of their race or their ethnic background can call the EEOC toll free at (855)857-8747.
Link to Article:
EEOC Files Class Action Discrimination Case In Houston
Posted in:
Employment Discrimination, Racial Discrimination, Retaliation
Racially Hostile Work Environment EEOC Case
By Cletus Ernster
A company that produces pork sausage has agreed to pay $60,000.00 and furnish other relief to settle a wage discrimination and racial harassment lawsuit filed by attorneys with the U. S. Equal Employment Opportunity Commission (EEOC). See, http://www.eeoc.gov/eeoc/newsroom/release/8-11-11.cfm . In the lawsuit, EEOC attorneys charged that the sausage company violated federal law by paying an African-American maintenance worker less than white counterparts and subjecting him to a hostile work environment. In addition, the EEOC asserted that the company gave raises and paid higher salaries to all maintenance department employees except the department’s lone African-American employee. Further, EEOC attorneys alleged in the case that the sausage company allowed a supervisor to regularly use racially offensive language toward the employee because of racial animus.
Racial discrimination in the workplace violates Title VII of the Civil Rights Act of 1964, and the EEOC is a federal agency responsible for enforcing federal laws prohibiting employment discrimination, including racially hostile work environments. EEOC attorneys filed the employment discrimination lawsuit after first attempting to settle the matter through the EEOC’s conciliation process. Additional information about the EEOC and the laws it enforces may be found at www.eeoc.gov .
An EEOC attorney familar with the case remarked, in part, as follows: “Sadly, race discrimination continues to exist in the workplace where workers are paid less and forced to endure a racially hostile work environment.”
Whether employment-related race discrimination occurs in Conroe, Beaumont or Houston, workers subjected to a racially hostile work environment and unequal pay may contact the EEOC and an attorney to determine if the facts and circumstances of the potential race discrimination case merit filing of a workplace discrimination lawsuit.
Link to Article:
Racially Hostile Work Environment EEOC Case
Posted in:
Equal Pay and Compensation, Hostile Work Environment, Pay Discrimination, Racial Discrimination
Laredo Texas Race Discrimination Lawsuit
By Cletus Ernster
A Dallas, Texas industrial and contruction equipment company agreed to settle a race discrimination lawsuit filed by attorneys with the U. S. Equal Employment Opportunity Commission, according to an EEOC Press Release at http://www.eeoc.gov/eeoc/newsroom/release/8-24-11b.cfm . Brought by EEOC lawyers in the U. S. District Court for the Southern District of Texas - Laredo Division, the EEOC’s lawsuit charged that the Dallas company subjected an employee to unlawful race discrimination when it terminated him from his position as a technician because of his race, black. In this regard, EEOC attorneys further alleged that the distribution company subjected the former employee to a racially hostile work environment in which a management official with direct supervisory authority over the employee referred to him by using the N-word, slave, dark horse and the South Texas racial epithet - mayate. As stated in the EEOC Press Release, the management official admitted using the N-word racial slur at work and several witnesses corroborated that the management official routinely used racist epithets and made racist jokes at the workplace.
Racial harassment, including use of racial slurs and offensive or derogatory racial comments, as well as discharge due to race violate Title VII of the Civil Rights Act of 1964, and the EEOC is a federal agency responsible for enforcing federal laws prohibiting employment-related race discrimination. In this case, the EEOC filed suit after the EEOC’s San Antonio Field Office determined that the company had violated Title VII and after it tried to reach a pre-litigation settlement through the EEOC’s conciliation process. More information about the EEOC is available at www.eeoc.gov .
An EEOC trial lawyer with the San Antonio Field Office was quoted saying, in part, as follows: “Smart employers can prevent racial harassment by not only promulgating anti-discrimination policies but also making such policies effective through regular training and monitoring.”
Whether unlawful workplace racial harassment occurs in Laredo, Houston, San Antonio or elsewhere, employees subjected at work to discriminatory language such as the N-word, slave or mayate may contact the EEOC or a lawyer to determine if a race discrimination or hostile work environment lawsuit is ultimately appropriate under the particular facts and circumstances of the potential employment discrimination lawsuit.
Link to Article:
Laredo Texas Race Discrimination Lawsuit
Posted in:
Hostile Work Environment, Racial Discrimination
Racial Discrimination Lawsuit
By Cletus Ernster
A global specialty chemicals company in Arkansas will pay $80,000.00 to settle a racial discrimination lawsuit brought by the U. S. Equal Employment Opportunity Commission (EEOC), according to an EEOC Press Release at http://www.eeoc.gov/eeoc/newsroom/release/7-12-11.cfm . The EEOC’s lawsuit alleged that the company violated federal anti-discrimination law when it terminated several black employees because of their race. More specifically, the EEOC case alleged that the company terminated black employees based upon discriminatory and subjective evaluations. Workplace race discrimination violates Title VII of the Civil Rights Act of 1964. In this regard, the EEOC is a federal agency responsible for enforcing federal laws prohibiting employment discrimination, and EEOC lawyers filed this race discrimination lawsuit after first attempting to reach a voluntary, pre-litigation settlement through the agency’s conciliation process. More information about the EEOC and the laws it enforces is available at www.eeoc.gov .
Whether employment discrimination based upon race occurs at workplaces in Arkansas, Texas or elsewhere, employees subjected to unlawful workplace racial discrimination may contact the EEOC and a lawyer to determine if a racial discrimination lawsuit is appropriate under the facts and circumstances of the potential case.
Link to Article:
Racial Discrimination Lawsuit
Posted in:
Racial Discrimination
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