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Settlement Reached in Pregnancy Discrimination Suit Against Chick-Fil-A Franchisee

As detailed in the article, Chick-Fil-A Franchisee at Concord Commons to Pay $10,000 to Settle EEOC Pregnancy Discrimination Suit, Heather Morrison, who was six months pregnant at the time, interviewed with a Chick-Fil-A franchise owner for a team member position. During her interview, the owner asked such questions as how many months she had been pregnant; her expected delivery date; her childcare plans after giving birth; and how much maternity leave she planned to take. The owner called Ms. Morrison three days after the interview and informed her that she did not get the job, but to let the company know after she had given birth and made proper childcare arrangements.

After attempts to settle with the franchise failed, a suit was filed by the EEOC,  alleging that the owner of the Chick-fil-A  franchise was in violation of Title VII of the Civil Rights Act of 1964, specifically as amended by the Pregnancy Discrimination Act. “Working women who choose to have children shouldn’t be treated differently from other employees or applicants simply because they are pregnant, ” stated regional attorney for the EEOC’s Charlotte District Office.

In addition to the $10,000 settlement to paid to Ms. Morrison, Chick-Fil-A is required to to develop and implement a policy that prohibits future pregnancy discrimination, conduct annual preventive training on pregnancy discrimination for all Chick-Fil-A employess, and finally, the company is required to report all job openings to the EEOC for a two year period, in addition to its hiring decisions regarding pregnant applicants.

If you or someone you know thinks they have experienced discrimination due pregnancy, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609 or use our contact form.

Four Hawaii Farms to Pay $2.4 Million to Workers to Settle EEOC National Origin and Retaliation Employment Discrimination Lawsuit

In a suit filed by the EEOC approximately three years ago against six farms in Hawaii, the EEOC claimed that  Thai workers were subjected  to conditions  comparable to that of human trafficking.   As described in the article Four Hawaii Farms to Pay $2.4 Million to Thai Workers to Settle EEOC National Origin and Retaliation Employment Discrimination Lawsuit, between the years 2003 and 2007, Global Horizons contracted Thai workers to work at farms under the H2-A temporary visa program.  As part of the program, workers were to be provided food and housing, in addition to pay for the work performed. Not only were the workers required to pay excessive recruitment fees, once on site, they were subjected to denial or delay of pay, confiscated passports, denial of of adequate food and water, unsanitary and overcrowded living conditions, and production quotas that were not required of non-Thai workers.    The workers who complained of the discrimination and harassment were retaliated against.

One of the affected Thai workers stated, “We worked and lived under terrible conditions, treated like animals in cage.  We were housed in an overcrowded place with a few rooms but many workers, and threatened almost daily. I am grateful that the EEOC is here to help people like me.”

In March of this year, U.S. District Judge Leslie E. Kobayashi ruled that Global Horizons is liable for their continued practice of harassment, discrimination, and retaliation against Thai farm workers based on their national origin and race, in violation of federal anti-discrimination laws.

In addition to the $2.4 million settlement paid by four farms that were named in the suit, injunctive relief will ensure that policies and procedures prohibiting discrimination will be put into place by farms and farm labor contractors.

Regional attorney for the EEOC Los Angeles District, Anna Y. Park, stated, “We all have a responsibility to ensure that the most vulnerable workers are not denied basic human dignity and life-sustaining water and food.   Farms and farm labor contractors – and the supervisors that represent them – must ensure workers’ civil rights remain intact, no matter their race or the country they come from.”

If you or someone you know believes  they have experienced employment discrimination and/or retaliation, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609.

Supervisor Threatens to Hang Worker for Drinking from “White People” Fountain

An African American cotton mill worker in Tennessee has alleged discrimination and harassment by his supervisor. In the article Supervisor Threatens to Hang Worker for Drinking From “White People” Fountain, Untonia Harris states that he used his phone to record his supervisor making comments such as, “Black man, don’t go on this white man’s lift,” and in response to Mr. Harris’ attempt to use a water fountain, “I need to put a sign here that says, White people only.”  The supervisor then replied to Harris’ inquiry as to what would happen if he were caught using the fountain, “That’s when we hang you.”

Another African American worker at the mill has filed a complaint with the EEOC for similar instances of harassment and discrimination.     Marrio Mangrum claims the same supervisor made similar statements to him such as, “You need to think like a white man.”

In the audio, the supervisor is heard  expressing support for the Jim Crow era, when  racial discrimination and segregation were enforced,  “Back then, nobody thought anything about it,” the supervisor says in the audio. “Now, everybody is made to … think it’s bad.”

In response to the supervisor’s alleged behavior,  the owner of the cotton mill told CNN, “It’s crazy that anybody would think to talk like that nowadays.  It makes no sense whatsoever. You can’t even comprehend it.”    Management for the mill is outsourced to Federal Compress.     In a statement to CNN, Federal Compress stated, ““Federal Compress very much regrets that the allegations were not reported to it when the first incident is claimed to have occurred,”  and has since fired the supervisor in question.

If you or someone you know thinks they have experienced discrimination due to race, the team at Radford & Keebaugh can help.   Contact us by phone at (678) 369-3609.

Employee’s Suit Accuses Tiffany of Racial Bias

According to the article Employee’s Suit Accuses Tiffany of Racial Bias, a director for the jewelry company Tiffany & Company accuses his employer of a “systematic, nationwide pattern and practice of racial discrimination,” in a suit filed in federal court last week.   Michael McClure, the Plaintiff in this action, claims that of the more than 200 management positions that represent Tiffany & Company, only one of these is held by an African-American employee.   This figure includes executive officers, store directors and members of the board of directors.

According to McClure’s attorney, Robert D. Kraus, the company’s past and current behavior exhibits “racial bias in the belief, conscious or otherwise, that African-Americans are not appropriate ambassadors for the iconic, luxurious and sophisticated Tiffany brand.”   The complaint alleges that after receiving consistent positive reviews throughout his long career with Tiffany, McClure received a negative performance review and the company placed him on a warning for termination, seemingly without cause.

After Tiffany initiated two internal investigations concerning Mr. McClure’s allegations, the complaint states that McClure received an anonymous interoffice envelope, describing to Mr. McClure, “Shortly after Anthony Ledru visited your market he made a comment to a small group of male market vice presidents that I think you should be made aware of. In reference to you, he expressed a surprise that ‘a black man is representing the Tiffany brand.’”

Tiffany has denied such discrimatory practices, stating, “The lawsuit allegations are completely without merit, and the many mischaracterizations will be addressed through the legal process,”

If you or someone you know thinks they have experienced discrimination due to race, the team at Radford & Keebaugh can help. Contact us by phone at (678) 369-3609.

7 Tips To Prove Your Employment Discrimination Claim

employment-discriminationWe have represented hundreds of clients who have been the victims of employment discrimination. Over time, we have learned what individuals can do to help prove their claim when their day in court finally comes. We have also learned the many mistakes people make, which prevent them from proving their claim. It cannot be repeated enough: believing you have been the victim of discrimination is one thing; proving it is something else entirely.

If you believe you are experiencing unlawful discrimination on the basis of your race, sex, religion, disability, national origin, age, or other protected category, there are some steps you can take to help prevent it, stop it, or prove it should that become necessary. Below are seven tips we can give to anyone experiencing employment discrimination. This is for informational purposes only, and does not constitute legal advice. However, we are ready and willing to help should you need us. Contact us here.

1. Document it. If something happens that you believe evidences discrimination, document it. This can be something as simple as keeping a written diary or log, noting the date the event happened, any witnesses to the event, and the details as to what happened. For example, if a supervisor used a racial slur in the workplace, make a note of it, including the date and time, where it occurred, the specifics of what was said, the context of it, and anyone else who witnessed it. If a manager made a sexually inappropriate remark, or a derogatory remark about your disability, keep a log of it. Being able to recount specific details of events will make your case much more credible than vague, non-specific complaints.

2. Report it. This is a difficult, but important point. Most companies have a policy prohibiting discrimination and harassment. In many cases, the law requires that an employee report discrimination and try to resolve it internally with the employer, before he or she can bring a legal claim. You may fear that you will suffer retaliation (although the law prohibits it). You may fear that your employer will not listen to you, or will not correct the behavior. Therefore, the idea of blowing the whistle on discrimination is very frightening to many people. Nonetheless, most judges and juries will expect to see some evidence that you at least tried to stop the discrimination before going to court. And oftentimes, your employer actually will take the action necessary to address the wrongful behavior, and prevent you from having to go to court in the first place. As the old saying goes, “an ounce of prevention is worth a pound of cure.”

investigation3. Investigate it. Do you have a gut feeling that you were denied a promotion based on your race or your sex? Your “gut feeling” is not enough, unfortunately. You need to find out more details. Do what you can legally (and without violating company policy) to investigate your suspicions. Find out who received the promotion, and what their race or sex was. Ask around to find out whether that person was qualified for the job. Keep your ear to the ground to find out if the decision-maker has ever expressed any bias. In other words, find out more information, keeping your mind on the fact that ultimately, you have to prove discrimination in order to recover legal damages.

4. Identify witnesses. The hardest cases to win are “he said/she said” cases. So, if there are others who can corroborate your claim, and who you believe are sympathetic to your cause, make a note of it. Consider reaching out to the individual to ask if they might be willing to put in writing what they witnessed. For example, if your manager has made disparaging remarks about your age, your disability, or your religion, find out if anyone else has heard him make those types of remarks. Email is often a useful tool. Ask someone, via email, what they witnessed. If they respond, stating in the email what they saw or heard, save that email. Print it out for your records. This could one day be important to proving your claim.

5. Don’t give your employer a valid reason to fire you. Oftentimes, we interview people who “gave up” at work due to their experience with discrimination. The employee may have become bitter or resentful of their prejudiced manager, and stopped doing what he or she said at work, therefore causing themselves to be disciplined or fired for insubordination. The employee may have begun to feel helpless, and stopped giving their work their best effort, resulting in negative performance reviews and ultimate termination. This is a big mistake. If your employer has a valid, non-discriminatory reason to fire you, it will severely undermine your claim. Continue to do your job to the best of your ability. Adhere to all workplace rules. Don’t ruin your case by giving your employer a valid reason to fire you.

evidence6. Document your damages. Most of the employment discrimination laws allow you to recover both economic and non-economic damages. Economic damages are all monies lost as a result of the discrimination. So, keep good records of the amount of pay you make, the value of any fringe benefits (i.e. retirement plans, stock options), the amount of money you could make in the future if you received promotions, etc. If your experience has caused medical conditions–such as clinical depression, high blood pressure, insomnia, etc.–get treatment. Inform your medical provider of the cause for the condition, so that it can be documented. Get copies of your medical records. Proving your damages will be an important factor in settling or litigating your discrimination claim.

7. Consult counsel as early as possible. Don’t wait until months after your termination to talk to a lawyer. Don’t wait until EEOC has investigated your claim and issued a Right to Sue letter. As time passes, it becomes more and more difficult for an attorney to help you gather evidence and prepare your case. If you have evidence that you have suffered discrimination, contact an attorney as soon as possible. What you do in the early stages of your case is highly important, and an attorney can guide you. If you are ready to seek legal counsel, we are anxious to help. Please contact us today.

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