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The EEOC recently settled a sex discrimination suit against an Ohio auto dealer for $2.3 million, charging that the dealership refused to hire even the most highly-qualified women. 

Thirty-nine qualified female auto sales people were denied jobs at 11 dealerships owned by Jeff Wyler, including Jeff Wyler Eastgate, Inc. of Cincinnati. The suit alleged that the dealerships refused to hire any women for auto sales positions, acting as an integrated unit.

A consent decree under the settlement requires the auto dealerships to make job offers to the class members. In addition, the company will institute an equal employment opportunity program for which managers will be accountable. It will also introduce manager training in the anti-discrimination requirements under the law.

It is disturbing that women still face the barriers and stereotypes they faced 40 years ago when Title VII was enacted,” according to EEOC Regional Attorney Jacqueline McNair. “We are pleased that the parties in this case reached an amicable resolution with important training and policy change provisions.”

This suit was unusual because the employer refused to hire women, but apparently complied with the other portions of anti-discrimination laws.

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, national origin, religion or sex. Under this law, employers may not discriminate in hiring, training, promotions, discipline, benefits, compensation, or termination against any of the protected groups.

Despite the fact that this law is more than 43 years old, many companies still discriminate against women. Often, such discrimination is paired with discrimination based on race, color or nationality.  For example, Woodward Governor in Illinois recently paid $5 million to settle two class action suits alleging discrimination at its plants in Rockford and Rockton. The company is based in Fort Collins, Colorado.

According to promotional material issued by the company, Woodward Governor is “the world’s largest independent designer, manufacturer, and service provider of energy control solutions for aircraft engines, industrial engines and turbines, power generation, and process automation equipment.” Woodward has approximately 1,100 employees at the Rockford and Rockton plants.

The Illinois plants are just two of 25 facilities worldwide including Australia, Brazil, China, Indian, Japan, Korea, and Poland. The company also has 10 plants in the U.S.

The company recently settled a suit that the Woodward Governor Company discriminated in pay, promotions and training against African-American, Hispanic and Asian employees, as well as women. These actions violate Title VII, as well as the Equal Pay Act, which requires that women be paid the same amount as men for work that is substantially the same.
In filing the consent decree, Judge Philip Reinhard of the U.S. District Court for Northern Illinois established a $2.4 million settlement for the minority employees. The award covers all minority employees who worked at the company’s Rockford or Rockton plants since May 1999. The judge established a separate $2.6 million fund to be shared by female employees who worked at Woodward Governor’s Illinois plants since June 2002.

The decree also authorizes the appointment of Nancy B. Kreiter to oversee Woodward’s implementation and compliance with the decree. Kreiter, of Chicago, has provided similar decrees with other EEOC lawsuits on sex discrimination against Mitsubishi Motors and the Dial Corporation. Kreiter will provide annual reports assessing Woodward’s compliance with the decree.

Woodward must implement a procedure for investigating complaints of discrimination under the agreement. In addition, the company must train all employees regarding the discrimination laws and the complaint procedure. It will report the results twice annually to Kreiter, the EEOC and the attorney representing the plaintiffs. These reviews must include information on promotion decisions, compensation and job training for employees.

These severe restrictions have led some pundits to the conclusion that Woodward Governor’s actions were especially severe.

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

According to a lawsuit filed by the EEOC, employees at AK Steel Corporation endured a widespread racist and threatening displays for years. These included racial slurs and epithets, open displays of Ku Klux Klan videos in the employee break area and the display of nooses and swastikas in work areas open to African-American employees. Employees also circulated literature of the Populist Party, headed by candidate David Duke, a KKK leader.

Some of the graffiti included threats, including a message to “kill” blacks and insulting threats. There was also Nazi graffiti, including statements such as “I love Adolf.”

The racially-charged climate was so pervasive that the EEOC said AK Steel managers had independent knowledge of the events, aside from any complaints.

AK Steel is a Fortune 500 company based in Middletown, Ohio that produces carbon steel and stainless steel products. The company had nearly $6 billion in sales last year and has major plants and offices in Ohio, Indiana, Kentucky and Pennsylvania.

The $600,000 goes to 7 AK Steel employees, plus the estate of Gerald Patterson. Patterson originally filed the suit, but died before it was settled. In addition, all AK Steele employees will receive annual training to recognize and prevent discrimination based on race.

Gerald Patterson was hired by AK Steel in 1999, and filed the suit in 2003. Patterson was one of only about 20 black employees out of 1,950 at the Butler plant.

 “The racial harassment alleged in this case, including the use of derogatory ethnic terms, nooses displayed in the work environment and disciplining those who complained of race discrimination, represents some of the most severe misconduct this office has seen,” said EEOC Attorney Jacqueline McNair. “Through the consent decree resolving this case, EEOC will monitor AK Steel’s treatment of employees to ensure a workplace environment free of harassment and race discrimination. Further, we believe the sizable monetary relief and the proposed training of employees on anti-discrimination policies may serve as a deterrent to future acts of blatant racism.”

The company denies any wrongdoing and says they are settling the case merely to avoid a protracted and expensive lawsuit against the federal government.

Shortly after Patterson filed the suit, AK Steel announced the departure of Richard Wardrop, Jr., the company’s former Chairman and CEO. Wardrop’s severance package was up to $51.7 million, according to an SEC filing. In addition, President John Hritz received a severance package of $ 11 million.

The company also reported that 475 workers had been laid off, including 200 in Butler.

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.

While the allegations of discrimination at AK Steel are unusually severe, they are not the only company recently accused of discrimination based on race.

In January, major retailer Target Corp. paid $775,000 for racial harassment to settle a suit. The suit alleged that Target Violated Title VII of the Civil Rights Act of 1964 by creating a racially hostile work environment at the Springfield, Pennsylvania Target store.

Target operates more than 1,500 stores in 47 states. As part of the settlement, Target agreed to train employees at the Springfield store.

In the suit, the EEOC said that Michael Hill was an apprentice in training to become a store manager. He was subjected to racial harassment by a white store manager. When Hill complained, he was retaliated against, leaving him no choice but to resign. 

“We are pleased that the parties could reach an amicable resolution of this matter,” said EEOC Regional Attorney Jacqueline McNair. “We expect the proposed training and emphasis on anti-discrimination policies to create a more employee-friendly work environment at Target’s facility.”

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

While there is a federal law that prohibits employers from discriminating against individuals on the basis of sex, Ohio sexual discrimination in the workplace is based on the Ohio Revised Code of Title XLI.

Under this code, employers are those who have four or more employees and it includes the State of Ohio as well anyone working in the direct or indirect interest of the employer.  This differs from the federal law because Title VII applies only to those who have fifteen or more employees.  Employees are defined by the state of Ohio as anyone employed by an employer except for those who are employed in domestic service. 

Basically, the laws states that employers cannot make decisions on the matter of hiring, firing, promoting or determining job conditions, terms and compensation of the basis of an individual’s sex.

If your rights have been violated, you can file a complete with the Ohio Civil Rights Commission as long as you do so within six months of the alleged discriminatory act.  You can contact your regional office either by phone or in person.

After you submit your complaint, a Civil Rights Field Representative will take on your case, investigate the facts and write up a report along with a recommendation.  The report and recommendation will be submitted to the Regional Director for approval.  If the Director finds reasonable cause to believe that your rights have indeed been violated, you and your employer will enter a mandatory conciliation process.  If these negotiations fail, your case will go to public hearing.

If you choose to go through the federal courts, you must request a “Right to Sue” letter from the EEOC first.  In Ohio, you can choose to go directly through the state courts without contacting the Ohio Civil Rights Commission.  You’ll want to consult a lawyer to find out which option is best for your case.

It’s up to both employers and employees to stay informed of their rights and responsibilities when it comes to sexual discrimination in the workplace.  Furthermore, all employers should keep a current Ohio Complete Labor Law poster available in the workplace.

Ohio state discrimination posters are required to be in every workplace in Ohio. These posters outline what rights workers enjoy under both state and federal anti-discrimination laws. The Ohio state discrimination posters should be placed in an area where all employees will be able to easily see them.

The Ohio state discrimination posters let employees know that they can’t be discriminated against because of their religion, race, color, national origin, sex, age, ancestry, and disability. It’s important to point out that people that are disabled don’t have to receive special treatment but they do deserve reasonable accommodations that will allow them to perform a job.

The rights which are explained on the Ohio state discrimination posters are backed-up by the Ohio Civil Rights Commission. Not only does the Commission investigate claims of discrimination, they also educate and train employees and employers to help end all discrimination in the workplace.

If a person is a victim of discrimination that person should file a complaint with the Ohio Civil Rights Commission. After the complaint is filed it will be handed over to an investigator. The investigator will talk to both the person filing the claim and the employer that is being accused. Voluntary mediation will be offered to both parties. If they don’t agree to mediation then the investigator will gather evidence and pass the findings on to his/her supervisor. It will then go through the chain of command until it reaches the Commissioners and then a decision will be rendered. Under no circumstances can the employee be discriminated against for filing the complaint.

Anti-discrimination laws are useless if nobody knows about them. This is why it is so important that the Ohio state discrimination posters be displayed in the workplace. These posters contain very valuable information and must be made available to the employees in Ohio.

My research into employment discrimination laws in the workplace within the United States has inevitably taken me to Ohio. This state’s employment discrimination laws in the workplace do not have much expansion on the standards set by the federal employment discrimination laws in the workplace.

Ohio’s employment discrimination laws in the workforce make it illegal to discriminate on the basis of age, ancestry, color, handicap, national origin, race, religion, or sex. These statues also make smaller businesses (4 or more employees) accountable where the federal government only holds businesses with 15 or more employees accountable and age discrimination cases are eligible for more compensation for damages than other discrimination cases.

Claims in Ohio can be filed with one of two agencies: the state agency, the Ohio Civil Rights Commission (OCRC), or the federal agency, the Equal Employment Opportunity Commission (EEOC). These agencies will work together to resolve you claim as long as you file in one agency and request that your claim be cross-filed with the other. The EEOC can be contacted at one of two offices: Cincinnati Phone: (513) 684-2851 or TTY: (513) 684-2074, and Cleveland Phone: (216) 522-2001 or TTY: (216) 522-8441. The OCRC can be contacted at one of the following office:

• Columbus
  Phone: (614) 466-2785
  Toll-Free: (888) 278-7101
• Akron
  Phone: (330) 643-3100
  TTY: (330) 643-3100
  Counties served: Wayne, Summit, Stark, Portage, Trumbull, Mahoning, Columbiana, Knox, Holmes, Coshocton, Tuscarawas, Carroll, Jefferson, Harrison
• Cincinnati
  Phone: (513) 852-3344
  TTY: (513) 852-3344
  Counties served: Butler, Hamilton, Clermont, Clinton, Warren, Brown, Fayette, Highland, Adams, Pike, Scioto, Vinton, Jackson, Lawrence, Gallia, Meigs
• Cleveland
  Phone: (216) 787-3150
  TTY: (216) 787-3150
  Counties served: Lorain, Cuyahoga, Lake, Geauga, Ashtabula, Erie, Huron, Richland, Medina, Ashland
• Columbus
  Phone: (614) 466-5928
  TTY: (614) 752-2391
  Counties Served: Franklin, Union, Madison, Delaware, Pickaway, Licking, Fairfield, Hocking, Muskingum, Perry, Athens, Morgan, Guernsey, Noble, Washington, Belmont, Monroe, Ross, Marion, Morrow
• Dayton
  Phone: (937) 285-6500
  TTY: (937) 285-6500
  Counties Served: Darke, Preble, Shelby, Miami, Montgomery, Logan, Champaign, Clark, Greene, Van Wert, Mercer, Allen, Auglaize, Hardin
• Toledo
  Phone: (419) 245-2900
  TTY: (419) 245-2900
  Counties Served: Williams, Defiance, Paulding, Fulton, Henry, Putnam, Lucas, Wood, Hancock, Ottawa, Sandusky, Seneca, Wyandot, Crawford

Claims through the OCRC must be filed within 180 days of the date of the discriminatory act while you have 300 days of this act to file with the EEOC. Because of the difference in deadlines it is best to first file through the OCRC and then have them cross-file your claim with the EEOC. File early to avoid delays due to legalities in the filing process as these delays can push your past the deadline. Retaining an attorney is a big help, but is not required.

If your claim is not resolved by these agencies, you may need to pursue it in court. Ohio does not require you to file with the OCRC before you file a case in the state courts, but the federal courts do require that you file your claim through the EEOC before you are able to file in the federal court system. Additionally, the EEOC must release your claim by giving you one of two documents: “Dismissal and Notice of Rights,” or “Right to Sue.” A claim filed in federal court must be filed within 90 days of receiving either of the above documents. Lawsuits filed in Ohio’s state court system have a 6 year time limit from the time the discriminatory act occurred unless your case is age related, in which case you have only 180 days.

Although Ohio does not really broaden federal laws concerning employment discrimination in the workplace, they do allow for a separate state agency to help with investigation and resolution of discrimination cases.