labor lawAdivision of labor law center

A New York geriatric center will pay $900,000 to 29 current and former black and Caribbean employees under a settlement with the EEOC.

According to the lawsuit filed by the EEOC, the William O. Bensenson Rehabilitation Pavilion subjected black, Haitian and Jamaican employees to harassment and retaliation. Bensenson Rehabilitation is owned by Flushing Manor Geriatric Center, Inc.

The company permitted harassing comments based on race or national origin by managers and residents. The employees involved included nursing staff, as well as workers in the food service, housekeeping and recreation departments. Black and Caribbean employees were subjected to stricter disciplinary actions than other employees. When the employees complained about the discrimination to management, actions were taken to illegally retaliate against them.

Employees formally complained about the discrimination to management in 2002, 2003 and 2004, without any results. Instead, once the suit was filed, the employer made harassing phone calls to an employee’s relative, trying to force the worker to drop the suit.

In additional terms of the suit, the employer must hire a qualified Human Resources professional, and implement extensive anti-discrimination training. They must also report any internal complaints to the EEOC for five years.

 “The EEOC commends the five charging parties for their courage in bringing this matter to our attention,” said EEOC Attorney Sunu P. Chandy. “Cases involving race and national origin are EEOC priorities.”

EEOC New York District Director Spencer H. Lewis, Jr. added, “Employers must be warned that retaliation, such as discouraging employees from filing discrimination charges, is itself illegal.”

Sadly, this was not the only suit based on racial discrimination in recent months.

Walgreen recently settled a suit by paying $20 million to employees. The suit alleged that the nation’s largest drugstore retailer limited opportunity for African-American pharmacists and managers by assigning them only to underperforming stores in predominantly black neighborhoods.

The suit was initially brought by 20 Walgreen employees in St. Louis, Tampa, Kansas City and Detroit but eventually spread to more than 1,000 African-American employees throughout the nation.

Earlier this year, Quietflex Manufacturing Company, L.P. recently paid $2.8 million for discriminating against Hispanic employees. The lawsuit alleges that 78 Latino employees were discriminated against in the company’s transfer policies, and in pay.

Quietflex produces flexible air conditioning ducts and components. The company has repeatedly denied all wrongdoing in the case.

According to the suit, Hispanic employees at the company were denied higher-paying jobs in departments with better working conditions. After a work stoppage to protest the discrimination, the EEOC alleges that Quietflex illegally retaliated against the employees by terminating them. All the employees were rehired shortly afterward.

More recently, Nike settled with the EEOC for allegations of discrimination against African-American employees at its Niketown store on posh Michigan Avenue in Chicago. The suit alleged that African-American employees were given only part-time jobs in the lowest paid positions of cashier and stockroom clerk. Sales and management positions were never posted, denying the black workers equal opportunity.

This disparity deprived the African-American workers of benefits, including health insurance, employee discounts and paid vacations.

The suit also alleged that African-American workers were searched when leaving the store, while Caucasian workers were not.  In addition, African-American workers were subject to stricter penalties for attendance problems and other violations of store policy.

Under Title VII of the Civil Rights Act of 1964, it is illegal to deny any person employment due to race, color, sex, religion or national origin. That includes providing a work environment free from illegal harassment and different treatment based on race. In addition, Title VII recognizes that a company that creates an intolerable environment essentially forces the employee to resign. The law also makes it illegal to retaliate against someone because he or she has made a complaint of illegal discrimination.

All of the companies mentioned in this article deny any wrongdoing.

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