©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 37 workers and supervisors at Transport’s facility in North Jackson, Ohio harassed two mechanics because they are gay. The harassment included frequent use of gay slurs and other derogatory comments, physical violence and other inappropriate contact, defacement of uniforms, and other hostile behavior. The EEOC alleges the companies’ human resources and management officials were aware of the harassment but failed to take effective action to stop it and prevent it from recurring in the future. Rather, after the mechanics reported the harassment, the shop manager threatened that anyone who went to human resources would lose their position. The mechanics suffered further harassment and retaliation, including destruction of personal property, unfavorable assignments, false accusations, and discharge or being forced to quit, according to the EEOC. EEOC v. Hatzel & Buehler, Inc., Civil Action No. 3:23-cv-03093 (D.N.J.) The EEOC filed an ADEA lawsuit against Hatzel & Buehler, Inc., a commercial electrical contractor, alleging that since at least November 2020, the Company has refused to hire older applicants and job candidates for project manager and estimator positions at its New Jersey location on account of their ages. The Complaint charges that the vice president of Hatzel & Buehler’s New Jersey branch requested that a recruiting company seek out younger project manager and estimator candidates for Hatzel & Buhler job opportunities, and that he refused to hire older workers because they did not fall within his stated age range. The EEOC also alleged that the same vice president engaged in age-discriminatory recruitment practices and failed to retain job applicant and hiring-related records in violation of federal law. KEY SETTLEMENTS SECURED IN FY 2023 EEOC v. Mechanical Design Systems, Inc., Civil Action No. 8:22-cv-02463 (D. Md.) Mechanical Design Systems, Inc., a heating, ventilation and air conditioning (HVAC) design and installation services company, settled a Title VII lawsuit brought against it by the EEOC alleging female project managers were paid less than male colleagues to perform equal work and, in many instances, the females were called upon to perform additional work or duties. The female project managers were paid significantly less than their male colleagues despite having more experience and seniority in the position and satisfactorily performing their duties. The company will pay $210,000.00 to the two females named in the lawsuit. The Consent Decree also requires the company to take affirmative steps to prevent pay discrimination in the future. This includes implementation of enhanced compensation and discrimination policies, training for human resources and management officials involved in compensation decisions, and notices to employees about their rights. The company has also agreed to raise the pay of a still-employed female project manager to correspond with her male counterpart. EEOC v. UFP Ranson, LLC, Civil Action No. 3:21-CV-00149 (N.D.W. Va.) The EEOC and UFP Ranson, LLC, a manufacturer of lumber and building materials, settled a Title VII lawsuit alleging race and religious discrimination after the company subjected a black Muslim worker and six other black workers to harassment and fired one as retaliation for complaining. The company will pay $215,000.00 to a class of seven claimants. The Company is prohibited from engaging in race or religious discrimination or retaliation in the future. The company must designate a management-level official to serve as an onsite local equal employment opportunity administrator. The Defendant must create and disseminate a revised anti-discrimination policy and distribute procedures to appeal the company’s handling or resolution of religious harassment and discrimination or retaliation complaints. The company must also provide training on Title VII to the local EEO administrator and other employees with authority to investigate or take corrective action in response to employee complaints of harassment or discrimination.
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