September: Legal SettlementsBy Emily Sugiyama
Wisconsin Municipality Pays $686k for Age and Sex DiscriminationThe City of Watertown, Wisconsin, has paid $686,192 to settle an age and gender discrimination lawsuit brought by a former city employee. Judith Herzog was 48 at the time of her dismissal due to a downsizing at the Water Department. She was passed over for promotion to an assistant manager's position, and she was not hired when she applied for a clerk's job in city administration. The interviewer made notes about Ms. Herzog having "gray hair" and being "older."
Madison RV Settles Race Discrimination Case for $65kMadison RV Center Inc. in Huntsville, Alabama, has agreed to pay $65,000 to settle a race discrimination and retaliation lawsuit filed by the Equal Employment Opportunity Commission. In addition to paying the monetary settlement, the company has signed a 34-month consent decree that requires it to implement anti-discrimination policies, train employees and managers on those policies, and appropriately address complaints. According to the lawsuit, Madison RV subjected Karl T. Humphrey to racist comments and graffiti by white workers and managers over 12 months. When Mr. Humphrey documented the conduct, according to the lawsuit, no corrective action was taken and Mr. Humphrey was fired in retaliation.
Pennsylvania Plastic Surgery Center To Pay $75k to Settle Pregnancy Discrimination LawsuitBrief Premier Plastic Surgery in Cranberry, Pennsylvania, has agreed to pay $75,000 as part of a consent decree to settle an Equal Employment Opportunity Commission pregnancy discrimination lawsuit. The lawsuit was filed on behalf of Erin Griggle, who was fired from her receptionist job two weeks after the company learned of her pregnancy in December 2005. In addition to paying the monetary settlement, the company will revise its anti-discrimination policy and provide annual anti-discrimination training to all employees.
City of Vancouver, Washington To Pay $1.65 Million To Settle Race and Retaliation LawsuitOfficer Navin K. Sharma, who was fired from the Vancouver, Washington, police department, will receive $1.65 million from the City of Vancouver to settle his federal race discrimination and retaliation lawsuit. The City claimed that Mr. Sharma was fired in 2006 for making errors in reports. Mr. Sharma, who was born in India, claimed that he was fired for mistakes for which other officers were not disciplined. Specifically, he was fired after an eight-month internal affairs investigation into errors and the use of repetitive language in his drunken-driving arrest reports. Mr. Sharma claimed that his firing was the culmination of "an eight-year vendetta . . . that began with race discrimination allegations" filed in a 2000 federal lawsuit.
EEOC Issues FAQ Regarding Performance Issues and the ADAThe Equal Employment Opportunity Commission (EEOC) has issued a new question-and-answer guide regarding how to address performance and conduct issues while maintaining compliance with the Americans with Disabilities Act (ADA). The document, which is available at www.eeoc.gov/facts/performance-conduct.html, addresses the balance that employers must strike between providing a reasonable accommodation to an individual with a disability and applying performance and conduct standards (e.g., dress codes, the use of illicit substances) consistently to all employees.
On Appeal, Disabled Firefighter Wins Age Discrimination Suit Against Town of Hull, MassachusettsA Massachusetts appeals court has upheld a finding by the Massachusetts Commission Against Discrimination (MCAD) that the town of Hull should have allowed disabled firefighter Donald Gillis to return to work in 1994 when a doctor found him fit to do so. The MCAD had awarded Mr. Gills more than $174,000 for lost wages, emotional distress and attorney's fees. His lawsuit alleged that he wanted to go back to work, but that fire chief Nicholas Russo did not allow him back because of his age.
$117,500 Harassment Settlement Possible for Former California County WorkerA former San Louis Obispo County Department of Social Services supervisor is slated to receive $117,500 in settlement of her retaliation lawsuit. Rebecca Carter claimed that she was fired for contradicting her supervisor, Carol Maitzen, in testimony that she provided in a sexual harassment case. Meanwhile, Carlos Bedroni. the supervisor whose conduct had been the subject of that case, has sued the county for wrongful termination. Ms. Maitzen had testified that one of Mr. Bedroni's alleged victims did not voluntarily participate in flirtation. Ms. Carter, on the other hand, testified that the alleged victim made graphic sexual references to Mr. Bedroni.
Cook County Workers May Receive $3.2 Million for Political DiscriminationOne hundred and five workers in Cook County, Illinois, could share in a $3.2 million settlement of their political discrimination claims. The County Board must give final approval to the settlement. More than two hundred people originally filed political discrimination claims against the County, and one hundred and five of the claims were deemed valid.
Texas Federal Judge Indicted on Charges of Sex AbuseU.S. District Judge Samuel Kent has been indicted on charges of abusive sexual contact and attempted aggravated sexual abuse of a female employee. He is the first federal judge to be charged with federal sex crimes. A federal criminal investigation was launched in November 2007 after Mr. Kent's former case manager, Cathy McBroom, complained that, during the six years that she worked for Mr. Kent, he touched her under her clothing twice, put his mouth on her breast, tried to force her to perform oral sex, and made repeated lewd sexual comments. Mr. Kent, through his attorney, has denied the charges, claiming that the alleged incidents were consensual and that Ms. McBroom's filed her complaint in order to divert attention from a mistake she made that could have resulted in her firing.
Sizzler USA Settles Cook's Sex and National Origin Harassment Lawsuit for $300kSizzler USA has agreed to pay $300,000 to settle an Equal Employment Opportunity Commission lawsuit filed on behalf of a Mexican-American cook who alleged sex and national origin harassment. Patricia Huizache, who was employed at a Sizzler restaurant in Redwood City, California, alleged that a co-worker repeatedly made sexual comments about her body, touched her inappropriately, told her Mexican women were stupid and good only for sex, and threatened her with a knife. Ms. Huizache eventually resigned out of fear for her safety. As part of the settlement, the company will conduct anti-harassment training for all employees of the Redwood City restaurant.
Editor's Note: The items presented above contain only selected employment law cases and do not represent a comprehensive listing of all employment law settlements, awards and decisions in the United States. This information has been abridged from many different sources, and Diversity Central and EPS make no claims to any original copyrighted works. Diversity Central and EPS do not guarantee the accurateness of excerpts, articles, or information contained in this list.
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