Smartsoft International to Pay Nearly $1 Million in Back Wages and Interest

ATLANTA — Smartsoft International Inc., a computer consulting company based in Suwanee, Ga., has agreed to pay nearly $1 million in back wages and interest to 135 nonimmigrant workers temporarily employed by the company under the H-1B visa program. The U.S. Department of Labor's Office of the Solicitor reached this agreement following a determination by the department's Wage and Hour Division that the company violated the H-1B program's rules. Smartsoft International also has U.S. offices in Sunnyvale, Calif., and North Brunswick, N.J.

A Wage and Hour Division investigator determined that some employees were not paid any wages at the beginning of their employment, were paid on a part-time basis despite being hired under a full-time employment agreement, and were paid less than the prevailing wage applicable to the geographic locations where they performed their work.

The company contested the Wage and Hour Division's conclusions and requested a formal hearing with the Labor Department's Office of Administrative Law Judges. As part of this agreement, the company will drop any further challenge.

The H-1B program allows employers to hire nonimmigrant workers in specialty occupations. The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Labor Department that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wages paid to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment, whichever is greater.

Yates Construction to Pay $30,000 for Subjecting Black Employees to Racial Insults

GREENSBORO, N.C. – Stokesdale, N.C.-based Yates Construction Company, Inc. will pay $30,000 to settle a racial harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC had charged that Yates subjected an African-American employee to racial harassment and discharged him in retaliation for complaining about it. The settlement also includes one other person who was allegedly subjected to racial harassment.

According to the EEOC's suit, Rodney McCants and at least one other black employee were repeatedly subjected to the use of racial slurs such as the "N" word, and to racially offensive jokes about African-Americans. The suit further charged that McCants complained about the harassment on at least two occasions in late 2007 and early 2008, but the company failed to stop the harassment. The suit also asserted that McCants was discharged in April 2008 in retaliation for his complaints.

Racial harassment and retaliation violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (Equal Employment Opportunity Commission v. Yates Construction Company, Inc., Civil Action No. 1:09-cv-00687) after first attempting to reach a voluntary settlement out of court through its conciliation process.

In addition to monetary damages, the consent decree resolving the case provides for injunctive relief to prevent Yates Construction from further maintaining a racially hostile work environment or engaging in retaliation. The decree also requires the company to post its policy against racial harassment in the workplace; distribute the policy to employees; provide annual, company-wide training on racial harassment to its owners and supervisors; and report future verbal or written complaints of racial harassment or retaliation to the EEOC.

Houston-based Construction Company and Subcontractors Pay Nearly $137,000 in Back Wages

DALLAS — Following an investigation by the U.S. Department of Labor's Wage and Hour Division, prime contractor Williams Brothers Construction in Houston and subcontractors Cimolai USA and Cosme have agreed to collectively pay $136,679 in back wages to 140 current and former construction employees for violations of the Fair Labor Standards Act, the Davis-Bacon Act (DBA) and the Contract Work Hours and Safety Standards Act (CWHSSA). The workers were performing work on the Margaret Hunt Hill bridge project over the Trinity River in Dallas.

The investigation by the division's Dallas District Office determined that Williams Brothers failed to properly pay overtime to its employees who worked on Texas Department of Transportation contracts receiving federal funding. Additionally, the company violated the FLSA by failing to include overtime pay for safety bonuses. As a result, Williams Brothers has paid a total of $101,650 to 122 employees.

The investigation of Cimolai USA found that the company failed to pay two salaried non-exempt employees overtime compensation totaling $952 in violation of FLSA. An investigation of Cosme found 16 workers were owed $34,077. They were paid less than DBA prevailing wage rates, and at time and one-quarter for hours worked over 40 in a workweek, instead of time and one-half as required by the CWHSSA. Back wages owed by both subcontractors have been paid in full.

Under the CWHSSA, employees working on federal contracts must receive time and one-half their regular rates of pay when they work more than 40 hours in a workweek and receive the mandatory health and welfare benefits they are entitled to receive. Under the DBA, employers are required to pay a minimum hourly wage plus an additional amount in health and welfare benefits that is stipulated in the work contract. Generally, the employer is required to pay the health and welfare benefits for the first 40 hours worked by the employees in a week.

The FLSA requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records.

Princeton Healthcare System Sued for Unlawfully Firing Employees Who Needed Medical Leave

NEWARK, N.J. – Princeton HealthCare System, which operates a hospital and provides other health care services, allegedly violated federal law by failing to reasonably accommodate the needs of its employees who needed medical leave, and then firing them because of their disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

According to the EEOC’s suit, Princeton HealthCare System enforces leave policies that do not provide reasonable accommodations to qualified individuals with a disability. Princeton HealthCare fires employees who are not qualified for leave under the Family Medical Leave Act (FMLA) if they cannot return to work within seven days, and refuses to grant leave beyond the 12 weeks allowed by the FMLA. Princeton HealthCare System does not grant exceptions to these policies for qualified individuals with disabilities who need additional leave as a reasonable accommodation. Such alleged conduct violates the Americans With Disabilities Act (ADA), which requires that employers provide reasonable accommodations to employees with disabilities unless it would cause an undue hardship to the employer. A leave of absence is a form of reasonable accommodation.

More than a dozen employees with disabilities who requested a leave of absence as a reasonable accommodation were denied leave and were fired by Princeton HealthCare. The EEOC filed suit (EEOC v. Princeton HealthCare System) in U.S. District Court for the District of New Jersey after first attempting to reach a pre-litigation settlement through its conciliation process.

Walt Disney World to Pay More Than $433,000 in Back Wages

ORLANDO, Fla. —Walt Disney Parks and Resorts U.S. in Orlando, Fla. will pay $433,819 in back wages owed to 69 employees after the U.S. Department of Labor’s Wage and Hour Division investigation uncovered violations of the Fair Labor Standards Act.

A Wage and Hour Division investigator found that inventory control clerks in the park's Food and Beverage Department were not paid for work activities occurring before and after their normal shifts. In addition, they were not paid for working through their meal times and when working from home.

The FLSA requires that covered employees be paid time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked over 40 per week. In general, "hours worked" includes all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work, from the beginning of the first principal activity of the workday to the end of the last principal work activity of the workday. Additionally, the law requires that accurate records of employees' wages, hours and other conditions of employment be maintained. The current federal minimum wage for covered, nonexempt employees is $7.25 per hour.

EEOC Sues Cognis Corporation for Retaliation

CHICAGO – According to a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), Cognis Corporation, a worldwide supplier of chemicals and nutritional ingredients, violated federal law when it retaliated against employees at the company’s Kankakee, Ill. plant.

The EEOC alleged that Cognis terminated longtime employee Steven Whitlow after he refused to enter into a “last chance agreement.” That agreement allegedly waived Whitlow’s right to file a charge with any civil rights commission or other government agency. It also prospectively waived his right to pursue relief in any forum if Cognis decided to discharge him in the future, according to Chicago District Director John Rowe, who supervised the EEOC’s administrative investigation.

Although Whitlow had at first signed the agreement, he later rescinded it because, as he explained to Cognis, he did not wish to waive his civil rights. Whitlow was then immediately fired. According to Rowe, other employees were also asked to sign last chance agreements that purported to waive their rights as a condition for keeping their jobs.

Retaliation violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit after first attempting to reach a voluntary conciliation agreement out of court. The agency seeks compensatory and punitive damages for Whitlow in addition to an order barring future retaliation and other relief. The suit, captioned EEOC v. Cognis Corporation, C.D. Illinois No. 10-C-2182, was filed in federal district court in Urbana, Ill. and assigned to U.S. District Court Judge Michael P. McCuskey.

According to its website, Cognis Corporation, with headquarters in Cincinnati, Ohio, is owned by Cognis Group, which is headquartered in Monheim, Germany and employs over 5,000 people in approximately 30 countries, including seven U.S. states. Its operations in Illinois include the Cognis Corporation Kankakee Manufacturing Plant in Kankakee, Ill., and the Cognis Corporation LaGrange Nutrition & Health facility in LaGrange, Ill.

The Twins Group-PH, LLC / Pizza Hut Agrees to Settle EEOC Pregnancy and Disability Claims

LOUISVILLE, Ky. – The owner/operator of a Cincinnati-area Pizza Hut has agreed to settle a pregnancy and disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the EEOC’s suit, the company illegally inquired about an employee’s health status, shared her medical information with co-workers, reduced her hours due to her pregnancy, and discharged her because of pregnancy, in retaliation for her complaints of discrimination and because it regarded her as disabled due to a non-pregnancy related medical condition.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act of 1990 and Title I of the Civil Rights Act of 1991. The EEOC filed suit (Civil Action No. 10-514) in U.S. District Court for Southern District of Ohio, Cincinnati Division after first attempting to reach a pre-litigation settlement through its conciliation process.

The parties negotiated a consent decree which provides the employee with back pay and a neutral reference. It also provides for injunctive relief in the form of training and an agreement not to discriminate or retaliate further under Title VII and the ADA.

Senate Bill Extends FLSA Protection to Home Care Workers

The Direct Care Workforce Empowerment Act (S. 3696), introduced in the Senate, would grant home care workers coverage under the Fair Labor Standards Act. A similar bill, H.R. 5902, has also been introduced in the U.S. House of Representatives.

The proposed legislation would ensure minimum wage and overtime protections for workers employed for more than 20 hours per week. It would also enhance federal and state data collection on the direct care work force and establish a grant program for states to improve the recruitment, retention and training of such workers.

Workers who provide at-home companionship services to aged or disabled individuals unable to care for themselves have been exempted from such protections under the FLSA since its adoption in 1974.

Axiom Staffing Will Pay $35,000 for Refusing to Place Applicant because of Her Back Impairment

BALTIMORE – Two staffing agencies will pay $35,000 and provide equitable relief to settle a disability discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC charged that Axiom Staffing Group, Inc., and Axiom Staffing Group of Virginia, Inc., refused to place Deborah Reynolds through their Hagerstown, Md. facility because of her back impairment, even though Reynolds had years of experience performing clerical and customer service duties. The EEOC said that hiring officials made derogatory comments about her impairment, such as stating that Reynolds would be “too much of a liability because of her back.”

The Americans with Disabilities Act (ADA) prohibits discrimination based on disability. The ADA also requires employers to reasonably accommodate an individual’s disability unless doing so would impose an undue hardship on the employer.

In addition to the monetary relief to Reynolds, the consent decree settling the lawsuit enjoins Axiom Staffing Group of Virginia from engaging in any employment practice which discriminates on the basis of disability. Axiom Staffing Group of Virginia will provide additional training on the requirements of the ADA and post a notice regarding the resolution of the lawsuit. Defendants denied liability in the consent decree.

The EEOC attempted to reach a voluntary settlement before it filed suit in U.S. District Court for the District of Maryland, Northern Division, Civil Action No. WDQ-09-2567.

US Labor Department Recovers More Than $868,000 in Back Wages for Florida-based Timeshare Company Employees

JACKSONVILLE, Fla. — The U.S. Department of Labor has recovered $868,443 in back wages for 1,065 employees of Central Florida Investments, based in Orlando, Fla., following an investigation by the department's Wage and Hour Division.

Central Florida Investments operates timeshare resorts in Arizona, Florida, Mississippi, Missouri, Nevada, South Carolina, Tennessee, Utah and Virginia under the name Westgate Resorts. The investigation included all locations of the company.

The investigation determined that employees who scheduled tours of timeshare properties for the company were not paid at least the federal minimum wage for all the hours they worked. Additionally, premium pay for the workers did not include commissions, and overtime work was incorrectly computed. The company also failed to keep accurate timecard records.

As a result of the investigation, the company agreed to correct the errors, make back payments and institute new recordkeeping procedures to ensure employees now are paid correctly according to federal law.

The Fair Labor Standards Act requires that covered employees be paid at least the federal minimum wage of $7.25 for all hours worked, plus time and one-half their regular rates of pay, including commissions, bonuses and incentive pay, for hours worked beyond 40 per week. Employers must also maintain accurate time and payroll records.

Garfield Medical Center Sued for Sexual Harassment, Retaliation

LOS ANGELES — The U.S. Equal Employment Opportunity Commission (EEOC) has filed a sexual harassment and retaliation lawsuit against Garfield Medical Center, Inc., an acute care facility in Monterey Park, Calif.

In its lawsuit, the EEOC contends that Garfield Medical Center allowed a male co-worker to harass at will, subjecting a class of female employees to a barrage of inappropriate touching and rubbing of body parts, propositions for romantic dates and sex-for-pay, graphic discussions of sexual activities, vulgar comments regarding female employees’ body parts, and even obscene comments regarding underage patients at the facility. In addition, the EEOC claims that Garfield terminated an employee because she complained about the harassment, while others were compelled to quit rather than endure the severely hostile work environment.

The EEOC filed its lawsuit in the U.S. District Court, Central District of California (EEOC v. Garfield Medical Center, Inc., Case No. CV-10-6179-GHF(FmOx)), after efforts to reach a pre-litigation settlement failed. The EEOC’s suit seeks compensatory and punitive damages for the victims of harassment, back pay for the victims of retaliation and constructive discharge, and injunctive relief intended to prevent harassment and retaliation at Garfield.

Roofing Company to Pay $1 Million To Settle Charges of Racial Harassment, Discriminatory Job Assignments, and Failure to Promote African-American Employees

ROCHESTER, N.Y. - Elmer W. Davis, Inc., the largest commercial roofing contractor in New York State and one of the top 40 largest commercial roofing contractors in the United States, will pay $1 million to African-American employees to settle a race discrimination lawsuit brought by the U. S. Equal Employment Opportunity Commission (EEOC).

The EEOC’s lawsuit (Civil Action No. 07-CV-06434), filed in U.S. District Court for the Western District of New York in Rochester in 2007, charged that black employees at Elmer Davis were subjected to a pattern of race discrimination, including harassment, unfair work assignments, failure to be promoted, and retaliation for complaining about discrimination from at least 1993 through the present.

According to dozens of African-American employees, they were constantly subjected to racial slurs by their white foremen. Blacks were routinely referred to as “n----r,” “lazy n-----rs,” “sambo,” “slave,” and “monkey.” Foremen also frequently made comments like, “All n----rs should get on a boat and go back to Africa.” They were also exposed to nooses and racially offensive graffiti like “dirty n----r,” “KKK” and swastikas written on the walls of the portable toilets at work sites.

The lawsuit also charged the roofing company with subjecting African-American employees to disparate treatment in job assignments, claiming that it generally reserved the most difficult, dirty and less desirable jobs for black workers, including “tear off” and “hot tar” jobs, often referred to as the “bull work,” while whites were assigned to detail work and service trucks to conduct repairs.

African-American employees were routinely laid off first at the end of the roofing season and called back last in the beginning of the following season, while whites were laid off later and called back earlier.
The EEOC further charged that the company systematically excluded black employees from promotion opportunities, which it accomplished by using a subjective system of promotions without job announcements or an application process, and actively discouraging black employees from seeking promotions.

The EEOC alleged that Elmer Davis’s conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex or national origin. The case was investigated by the Buffalo Local Office of the EEOC before it proceeded to court.

Elmer Davis will be bound by a five-year consent decree which, in addition to the $1 million monetary relief for the victims of discrimination, enjoins the company from engaging in further race discrimination or retaliation. The decree requires Elmer Davis to hire an EEO Coordinator to provide training, monitor race discrimination complaints, and report to the EEOC on hiring, layoff and promotion. The decree has been submitted to U. S. District Court Judge Siragusa for approval.

Massachusetts Court Limits Small Business Employees to Eight Weeks of Maternity Leave

Massachusetts’ highest court ruled that pregnant women working for small businesses employing more than 6, but less than 50, employees are entitled to eight weeks of unpaid, job-protected maternity leave under the Massachusetts Maternity Leave Act.

Women who work for larger employers with over 50 employees are covered under the federal Family and Medical Leave Act, which grants up to 12 weeks a year of unpaid lead.

The Massachusetts Commission Against Discrimination, the agency enforcing the maternity law, had proposed extending the scope to include fathers, though the enacted law applies only women.

Hillsborough Restaurant Sued For Sexual Harassment and Retaliation

CHARLOTTE , N.C. – A Hillsborough, N.C., restaurant allegedly violated federal law by subjecting a class of female employees to a sexually hostile work environment, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit. The lawsuit further charged that at least one female employee quit her job because of the sexual harassment and that the company, which operates “Vinny’s Italian Grill,” fired two other female employees in retaliation for complaining about the sexual harassment.

According to the EEOC’s suit, Hillsborough Pizzeria, Inc., doing business as Vinny’s Italian Grill, created and maintained a hostile working environment for Jacqueline Sorrell and a class of similarly situated female employees based on their sex. According to the complaint, from at least April 2008 until at least May 2009, a male manager for Vinny’s Italian Grill subjected Sorrell and other female employees to unwelcome sexual verbal misconduct.

The conduct included telling Sorrell that he wanted to “French kiss” her and repeatedly asking her about her sexual relationship with her husband. The manager would also make comments about his own sexual preferences, and frequently told explicit stories about his sexual encounters with other women.

According to the complaint, when Sorrell sought the help of her employer to stop the harassment, the managing co-owner of the company told her, “It’s no big deal.” After an additional complaint to an acting manager, Sorrell was discharged. At the same time Sorrell was discharged, the company discharged another female employee who had also complained about the sexual harassment. In addition, the complaint alleges that at least one other female employee was forced to quit her employment because of the harassment.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Equal Employment Opportunity Commission v. Hillsborough Pizzeria, Inc. d/b/a Vinny’s Italian Grill, Civil Action No. 1:10-cv-00627) in U.S. District Court for the Middle District of North Carolina after first attempting to reach a pre-litigation settlement through its conciliation process.

The EEOC seeks back pay, compensatory damages and punitive damages for Sorrell and a class of similarly situated female employees, as well as an injunction enjoining Vinny’s Italian Grill from engaging in similar discrimination again and requiring it to take other measures to ensure a workplace free of discrimination for future employees.

Electrolux Reaches Settlement In Religious Accommodation Charge, Agrees to Allow for Ramadan Observance

MINNEAPOLIS – The U.S. Equal Employment Opportunity Commission (EEOC) and appliance manufacturer Electrolux have settled a religious accommodation charge filed against the company.

The charge of discrimination, filed by a Muslim production employee at Electrolux’s St. Cloud, Minn., plant on behalf of himself and the other Muslim employees, alleged that company management failed to discuss with them a religious accommodation that they requested. The employees had asked the company to allow them to break their fast shortly after sunset in accordance with the observation of Ramadan, the Islamic holiday that involves fasting from dawn to sunset every day for approximately one month annually around this time.

The issue arose for the Muslim employees for the first time this year as a result of a new health and safety policy introduced by Electrolux which prohibits food in production areas of the plant. According to the charge, the altered break times of the evening shift, as introduced by Electrolux in response to their request through the plant’s union, were not satisfactory.

Title VII of the Civil Rights Act of 1964 requires employers to attempt to make reasonable accommodations to sincerely held religious beliefs of employees as long as this poses no undue hardship to the employer.

Ramadan is scheduled to begin the week of Aug. 9. In order to resolve the charge before the start of the Muslim holiday, Electrolux and the EEOC agreed to immediately engage in settlement discussions.

As a result of the settlement, Electrolux agreed to further modify the adjusted break time schedule during the entire month of Ramadan. The adjusted meal break schedule allows Muslim employees to pray and break their Ramadan fasts shortly after sunset in a safe environment, away from the production area. Electrolux will also provide training to its employees at the St. Cloud facility on the requirements related to religious accommodation under federal law. The company also agreed to report to the EEOC all future requests it receives for religious accommodations and how the requests were addressed by the company.

KobeWieland Copper Sued for Rescinding Offer of Employment Because of Perceived Disability

WINSTON-SALEM, N.C. – The U.S. Equal Employment Opportunity Commission (EEOC) has filed a disability discrimination lawsuit against KobeWieland Copper Products, LLC (KobeWieland) for failing to hire an individual because of his perceived disability at its facility in Pine Hall, North Carolina.

According to the EEOC’s complaint, KobeWieland failed to hire Joseph Cardwell for a full-time caster position because it regarded him as being disabled. Due to a childhood accident, Cardwell lost fingers on his left hand. Cardwell was offered a position by KobeWieland on September 24, 2008.

However, when Cardwell reported for his first day of work, KobeWieland’s Human Resource Specialist noticed that Cardwell was missing fingers, and rescinded the offer of employment. The Human Resources Specialist stated that he was concerned that Cardwell could not do the job because of his missing fingers.

The complaint further alleges that Cardwell explained that he could do the job and even offered to demonstrate how he could do it, but was not allowed to do so. The EEOC alleges that Cardwell was fully qualified for the position and could perform the job, but was denied the job because KobeWieland regarded him as disabled because of his missing fingers.

Such alleged conduct violates the American with Disabilities Act of 1990 (ADA). The EEOC filed suit in U.S. District Court for the Middle District of North Carolina, Winston-Salem Division (EEOC v. KobeWieland Copper Products, LLC, Civil Action No. 1:10-cv-636), after first attempting to reach a voluntary settlement. In its suit, the EEOC seeks back pay, compensatory damages and punitive damages, and rightful-place hiring, for Cardwell, as well as injunctive and other non-monetary relief.

KobeWieland manufactures and sells copper tubing, and employs over 500 associates between its two plants in Pine Hall, NC and Wheeling, IL.

Illinois Expands Military Family Leave to Adult Children and Grandparents

Illinois has amended its Family Military Leave Act to grant eligibility for unpaid leave to adult children and grandparents of individuals serving in the military for more than 30 days. The new provisions will take effect Jan. 1, 2011.

Companies in Illinois with between 15 and 50 employees are required to provide workers up to 15 days of unpaid family military leave. Employers with over 50 employees must provide up to 30 days of leave.

Under the law, employees must exhaust all other leave, including accrued vacation and personal compensatory time to be eligible for Illinois military family leave. Employees are also required to give 14 days’ notice for leave that will last five or more consecutive work days.

Paramount Staffing to Pay $585,000, Preferred to Place Hispanic Workers Instead of African Americans

MEMPHIS, Tenn. – Paramount Staffing, Inc., a temporary staffing agency, headquartered in Northbrook, Ill., will pay $ 585,000 to resolve a race and national origin lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC charged in its suit (Civil Action No. 2:06-cv-02624-JPM-cgc filed in U.S. District Court for the Western District of Tennessee) that Paramount Staffing failed to place a former employee and a class of African Americans into warehouse positions because of their race and their national origin, American, when it took over operations from a predecessor company. Instead, it preferred placing Hispanic workers.

The EEOC complaint included an allegation that a former employee was terminated from the warehouse job in retaliation for complaining about the alleged discrimination. Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits race discrimination and retaliation against people who complain of discrimination.

The two year consent decree resolving the suit, signed by U.S. District Chief Judge Jon Phipps
McCalla, enjoins Paramount Staffing from: failing to hire African American applicants on the basis of race or national origin; discriminating against African American employees on the basis of race or national origin; and retaliating against any employee or applicant for employment.

In addition, Paramount Staffing agreed to create and publish a written hiring and placement policy prohibiting discrimination, to post such policy at its Memphis facilities, and to provide race and national origin discrimination awareness training for all recruiters and onsite personnel employed by Paramount.

Paramount Staffing places workers on a permanent, temp to perm, or temporary basis for a wide variety of businesses. It has 12 offices across the United States including Illinois, Tennessee, Texas, Georgia, and Arkansas.

"Cheaters" to Change Ways in Settling Sex Harassment Suit

DALLAS – The companies that own and produce the Dallas-based “Cheaters” television show have paid $50,000 and will furnish other relief to settle a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) and two female claimants.

According to the EEOC’s lawsuit against Bobby Goldstein Productions, Inc., and Cheaters II, Ltd. (Civil Action No. 3:08-CV-1912-P), two female office assistants were subjected to sexually explicit remarks and unwelcome touching from the companies’ owner and upper management staff for the duration of their employment. The EEOC said that this behavior included frequent comments and jokes of a sexual nature, propositions for sex, and unwanted aggressive physical advances.

The EEOC further charged that there was no effective outlet for complaints about the behavior because members of upper management were participants in the harassment, and there was no employee handbook or policy explaining the procedure for reporting inappropriate workplace conduct at the time of the complainants’ employment.

Title VII of the Civil Rights Act of 1964 prohibits sexual harassment in the workplace and retaliation for complaining about discrimination. The EEOC filed suit after first attempting to reach a voluntary settlement.

The two-year consent decree notes that the two claimants have received $50,000 in settlement of their claims against the companies. The decree requires the companies to supplement the employee handbook to include an alternate avenue for making complaints where an employee is uncomfortable reporting conduct through the internal process.

The companies will also provide annual anti-sexual harassment training to all employees (including managers) for the duration of the agreement, post a notice of non-discrimination on employee bulletin boards, and notify the EEOC each time they receive a complaint of sexual harassment from one of their employees during the term of the agreement.

Hyundai Ideal Electric Company Sued for Unequal Pay and Retaliation

CLEVELAND — Hyundai Ideal Electric Company located in Mansfield, Ohio, violated federal laws by paying a female employee less than a male employee for performing equal work and then firing her after she complained about the disparity, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

According to the EEOC’s suit filed in U.S. District Court for the Northern District of Ohio, Eastern Division (Case: 1:10-cv-01882), Tabatha Wagner, an experienced female drafter, began her employment with the company in August 1, 2007, in the position of Design Drafter and was paid a salary less than that of a similarly situated male who was hired only months later. The lawsuit states that Wagner learned of the disparity and complained to Jon Shearer, the company’s Human Resources Manger on November 11, 2008. Shearer allegedly terminated her employment on the next day.

Such alleged unequal pay, wage discrimination and retaliation violate the Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964. The EEOC filed its lawsuit after first attempting to reach a voluntary settlement. The EEOC seeks monetary relief, an order requiring the company to implement new policies and practices to prevent discrimination, training on anti-discrimination laws, posting of notices at the worksite, and other injunctive relief.

According to its web site (www.hyundaiideal.com), Hyundai Ideal Electric Co. is the market leader in medium power generators for gas, steam and hydro turbines, and diesel engines. The Mansfield facility is the company’s home office.

Pizza Pub Manager Sexually Harassed Teen Employee

OKLAHOMA CITY – Educominc, LLC, doing business as Pizza Pub in Buffalo, Oklahoma, will pay $40,000 to settle a sexual harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC had alleged that the manager of Pizza Pub had subjected an 18-year old female worker to physical touching and verbal comments of a sexual nature, including telling her that he wanted to lick frosting off her body. The employee objected to his behavior but when it continued, she quit her job.

The proposed consent decree was filed in U.S. District Court for the Western District of Oklahoma (Cause No. 09-1007). In addition to paying $40,000 in backpay and damages to the former employee, Pizza Pub agreed to a five year consent decree which includes training of employees as to the requirements of Title VII and the posting of a notice that will notify employees of their rights. The consent decree also applies to Core Curriculum of America, Inc. and Curriculum Solutions, Inc., companies which are closely related to Educominc, LLC.

Commute May Be Considered Working Time if Carrying Heavy Equipment

In a recent case out of Washington, Kerr v. Sturtz Finishes, Inc., a painter was seeking compensation for his commute because he transported tools in his vehicle from home to job sites. A federal court ruled that because most of the tools he carried were light, and there was no evidence that carrying them changed the nature of his commute, these activities did not transform his direct commuting time into work time.

Under the Fair Labor Standards Act, worker’s transporting heavy equipment may convert the commute from home-to-work into compensable working time. Ordinary commuting time is usually not considered working time that nonexempt employees would need to be paid for. The FLSA regulations note, however, that employees who are required to carry their employer’s equipment may be entitled to payment for that time “while performing active duties”, which can include transporting heavy equipment.

In the case of Kerr v. Sturtz Finishes, Inc., the majority of the equipment transported by the painter was lightweight and included handheld painting supplies, ilike buckets and brushes. The court found no evidence that the equipment transformed the nature of his commute, thus the employer was not required to compensate for the commuting time. (Kerr v. Sturtz Finishes, Inc., No. C09-1135RAJ, 2010 WL 3211946 (W.D. Wash. Aug. 12, 2010))

Measurement, Inc. Sued Denying Employee Accommodation for Her Sabbath

DURHAM , N.C. – Measurement, Inc., a Durham-based educational company, allegedly discriminated against a former employee by failing to accommodate her religious beliefs and then discharging her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit.

According to the EEOC’s complaint, Jacqueline Dukes, who worked as a team leader in the scanning department at the company's Durham facility, is a member of a Christian denomination called Children of Yisrael. As such, Dukes observes her Sabbath from sunset on Friday until sunset on Saturday. The complaint alleges that in September 2008, Measurement told Dukes that starting in October, she would have to work on Saturdays on a new project. Dukes, who had previously informed the company that she could not work Saturdays because of her Sabbath, reminded Measurement officials that she observed her Sabbath on Saturday, and therefore could not work on Saturdays as requested. Around October 24, 2008, Measurement discharged Dukes.

Title VII of the Civil Rights Act of 1964 requires employers to attempt to make reasonable accommodations to sincerely held religious beliefs of employees as long as this poses no undue hardship. The EEOC filed suit in U.S. District Court for the Middle District of North Carolina, Durham Division (EEOC v. Measurement, Inc., Civil Action No. 1:10-cv-00623 ) after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, reinstatement, compensatory damages and punitive damages for Dukes, as well as injunctive relief.

Measurement, Inc., headquartered in Durham, North Carolina is a full-service educational company that provides achievement tests and scoring services for state and local departments of education as well as private businesses. It has 13 offices in nine states and employs over 300 full-time employees and over 3,000 seasonal employees.

Lawsuit Claims Federal EEOC Warned Census Bureau of Likely Discrimination

NEW YORK – New evidence in a federal lawsuit allegedly shows the U.S. Census Bureau ignored a  warning by the federal Equal Employment Opportunity Commission (EEOC) that its screening process for hiring more than one million temporary census workers could result in  racial and ethnic discrimination.

A coalition of civil rights organizations filed an Amended Complaint in a class action lawsuit against the Secretary of the U.S. Department of Commerce, the Census Bureau’s parent agency, citing the EEOC’s warning along with other evidence in a case which seeks compensation for more than 100,000 minorities who were not selected for census work because of unprosecuted arrests and old, minor, and irrelevant convictions for offenses such as unlawful assembly and loitering.

The U.S. Justice Department, which is defending the Census Bureau, has its own regulations against use of arrest records where there has been no conviction, and against forcing job applicants to obtain official certification of no criminal record – the very devices the Census Bureau has used to screen out job applicants.

The original lawsuit commenced in April. The plaintiffs are seeking to create a national class of all those African Americans, Latinos, and Native Americans illegally deprived of their opportunity to obtain census jobs.

The lawsuit claims the Census Bureau never made clear its procedure for selecting applicants and kept its hiring protocol a “closely guarded secret” for over a decade.

Applicants were subject to FBI background checks. If the FBI found an arrest in the applicant’s past, the applicant had just 30 days to produce the “official court documentation” showing disposition of the case if they wanted to remain eligible for employment, which resulted in about 90 percent of those with arrest records never pursuing applications.

The suit charges the Census Bureau with being reckless, if not intentional, in eliminating from this public service a larger percent of minority applicants than white applicants.