Illinois Sexual Harassment Attorney Blog

Area Temps will pay $650,000 to settle a discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The discrimination lawsuit is based on age discrimination, gender discrimination, racial discrimination and national origin discrimination. It is rare to find a lawsuit that is sucessful and allegeding all four categories.

According to published accounts of the lawsuit Area Temps unlawfully complied with discriminatory requests made by its clients based on race, sex, national origin and age, and unlawfully fired two of its employees in retaliation for their opposition to Area Temps’ discriminatory practices. The company also fired one employee for participation in the EEOC’s investigation. The company that made the request of Area Temp for the discriminatory practices should also be held accountable.

“The EEOC is pleased that Area Temps joined with the agency to negotiate a fair settlement resolving this matter,” said EEOC Regional Attorney Debra Lawrence.

Midstate construction company will pay $50,000 to settle a national origin discrimination lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of four Latino workers. According to the lawsuit, Midstate subjected the workers to verbal harassment by a former supervisor because of their national origin.

In a case like this, witness statements can be very helpful in forcing a company to settle. Once a company sees that there are many people who witnesses the discrimination, the company is more likely to want to settle and not risk a large judgement at trial.

EEOC attorney Michael Baldonado added, “All employers should be vigilant that they are in compliance with our federal laws that protect all employees, regardless of where they come from.”

The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against the Four Points by Sheraton in Phoenix, of discriminating against an employee by subjecting him to a hostile work environment because of his Iraqi national origin. According to details of the lawsuit the man was subjected to continued and escalating workplace harassment and he was forced to resign as a result of the discriminatory conduct.

The employee Basil Massih was subjected to harassment which included mimicking Massih’s accent, ethnic slurs such as “camel jockey,” mocking Arab ululations, and taunting and jeering at Massih relating to news stories about Iraq and the capture of terrorists. The lawsuit alleges that Massih complained to a number of managers about the national origin harassment, but that management failed to take corrective action, and that the continued harassment resulted in intolerable working conditions for Massih.

“Employers have an affirmative duty to protect employees from discrimination and harass­ment,” said Mary Jo O’Neill EEOC attorney.“

Creative Networks will pay $110,000 to settle a retaliation lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Rhonda Encinas-Castro. The lawsuit claims two coordinators at the company were the victims of retaliation for complaining about national origin and racial discrimination and participating in an investigation about both.

Details in the lawsuit claim that Castro went to the EEOC to file a charge of discrimination based on national origin and race. However, the company fired Castro about 14 days later. Also the executive director threatened to fire Kathryn Allen, who had never been disciplined for anything before, because she had been named as a witness in Castro’s discrimination charge. This type of behavior by a company is not only wrong but illegal. The company could not honestly believe they would get away with this type of discriminatory behavior.

"We will continue to vigorously protect employees who complain about discrimination or serve as witnesses to it because they are the lifeblood to effective enforcement." said EEOC attorney Mary Jo O'Neill

Cannon & Wendt Electric Co. will pay $100,000 to settle a national origin discrimination lawsuit. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Victor Cortez who claims he was subjected to racist statements based on his national origin and that he was the victim of retaliation because the company terminated him after he complained about the unlawful discrimination.

According to details in the lawsuit Cortez's immediate supervisor Mark Ghose made very crude and illegal comments to him. The comments included “I hate all Mexicans,” “they are worthless,” and “I hate Mexican music.” Ghose made it clear that he wanted to fire Cortez. Cortez complained to upper management and to the owner Albert Wendt, however nothing was done to stop the harassment and he was fired. This company is a repeat offender as far as discriminating against employee and it is nice to see the EEOC keep after this company. Hopefully, people will read about what is taking place and not do business with this company.

"This is a particularly troubling case because the EEOC sued this particular employer for religious discrimination a few years ago. After being sued, most employers take their EEO obligations under the law seriously. It is troubling to the EEOC to see a repeat offender.” said Janet Elizondo, EEOC attorney.

Pace Services a construction company pays $122,500 to settle a national origin, racial discrimination and religious discrimination lawsuit. The lawsuit wasa filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Mohammad Kaleemuddin who is of the Islamic faith and East Indian descent. The lawsuit also included 13 other employees because they were black or Hispanic.

According to the allegations in the lawsuit a Pace supervisor referred to Kaleemuddin as “terrorist,” “Taliban,” “Osama” and “Al-Qaeda.” Kaleemuddin complained to superiors about the harassment but nothing was done to stop it. Finally, Kaleemuddin was fired by the supervisor who was harassing him. Allegedly the same supervisor, as well as others in Pace management, regularly referred to African Americans as “n----s” and to Hispanics as “f-----g Mexicans.”

EEOC Attorney Jim Sacher said, “Employees have an absolute right to be free from discriminatory harassment in the workplace. The EEOC will vigorously challenge violations of this statutory right.”

RJB Properties, Inc. and Blackstone Consulting, Inc., have been sued for sexual harassment, retaliation and national origin. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Latino employees. According to the lawsuit, 14 employees who worked as janitors and supervisors were fired because of their national origin, sexual harassment and retaliation. The Hispanic employees also had to listen to derogatory names and comments while they were working.

Additional details of the lawsuit include one Hispanic supervisor who was fired because he would not follow his superiors orders to fire another Hispanic employee for no reason. An employee does not have to follow discriminatory orders from management. It was nice to see this supervisor stand up to management and not follow their allegedly illegal orders. The EEOC also alleges Hispanic male employees were subjected to sexual harassment and when they would not go along with the request for sex, were subjected to retaliation by being fired.

“Employers cannot apply one set of rules to Hispanic workers and another set of rules to non-Hispanic workers, which is what we found occurred here. said EEOC attorney Ann Henry

Continue reading "Chicago Based RJB Properties Sued For Sexual Harassment and Retaliation" »

Chicago bakery Gonnella Baking Co. agreed to pay $350,000 to settle a retaliation and national origin harassment lawsuit. The lawsuit was filed by the Equal Employment Oppor­tunity Commission ("EEOC") on behalf of seven Mexican employees. According to allegations in the lawsuit Gonnella did nothing to stop the harassment of the employees. This type of behavior is not acceptable and illegal in Illinois.

The employees allege that their manager made hostile comments about them because they were Mexican. Once employees complained to management about the comments they were subjected to shifts that lasted over 12 hours and in some cases 19 hours. They were also told to not complain further about the discrimination or else face the consequences. This type of behavior is considered retaliation. In Chicago there are many companies that treat employees like this and hopefully more employees will come forward to assert their rights.

“The derogatory language and other harassment directed at the employees in this case are entirely inappropriate in the workplace,” said John Hendrickson, the EEOC’s regional attorney in Chicago.

A lawsuit against Rend Lake College was dismissed by a federal judge because the plaintiff Salah Shakir was not able to provide evidence of unlawful activity by the Illinois community college. Shakir claimed discrimination based on national origin by an administrator who retaliated against Shakir because of his Muslim religion and Iraqi roots. The allegation included trying to ensure he would not be able to head the school.

In order to prevail in a lawsuit alleging nation origin discrimination, one would have to prove that but for the fact of the country of origin, the person would have either gotten a promotion, not been fired, or received a raise. If there are other non-discriminatory reasons why the negative job action or lack of positive job action took place, then the plaintiff will not be able to prove the case and it will most likely be dismissed.

“The board constantly strives to ensure that Rend Lake College is welcome to both employees and students of all backgrounds and cultures,” said the school’s attorney, Julie Bruch.

Continue reading "National Origin Discrimination Lawsuit Against Rend Lake College Dismissed" »

The Equal Employment Opportunity Commission ("EEOC") settled two lawsuits against Landwin Management, Inc. for $500,000. The lawsuits involved national origin discrimination and sexual harassment. According to facts in the lawsuit non-Chinese banquet servers were not hired based on their national origin. Apparently all the non-Chinese banquet servers who previously worked for the hotel were not hired back during the turnover and instead replaced with less qualified Chinese workers. The EEOC alleges that the majority of the replaced workers were Latino.

Additionallty, Landwin Management which managed the San Gabriel Hilton subjected female employees to sexual harassment. Allegations of sexual harassment included the housekeeping department supervisor calling the women prostitutes and whores. The women complained to management and nothing was done to stop the sexual harassment. You can see how much money this ended up costing the company--not much of a cost savings. The company also has to deal with the negative publicity.

“The days when employers make decisions based on stereotypes and assumptions shaped by the race or national origin of their employees should be far behind us,” said Anna Y. Park, the regional attorney for the EEOC.

The city of San Leandro settled 4 for their 7 sexual harassment disputes for $405,000. According to the settlement documents three former San Leandro police officers and a department clerk will receive a total of $405,000. Former Officers Taiwo Pena-Hornung, Christina Tiletile and Kamilah Jackson, and records clerk Amanda Kerr sued the city claiming they were sexually harassed, discriminated against for their gender and national origin, and retaliation.

The trouble isn't over for the city as three female officers still employed also have active lawsuits and their cases are set for trial in October. According to court documents the settlement breaks down as follows. Tiletile was awarded $295,000. Pena-Hornung $50,000, Kerr $35,000 and Jackson $25,000. Sgt. J. DeWayne Stancill was accused of sexual harassment and of creating a hostile work environment in the cases.

The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against Knouse Foods Cooperative, Inc. alleging that female farmworkers were subjected to a sexually hostile work environment by male coworkers at its processing plant. According to the lawsuit the men engaged in sexual harassment by asking female employees to show their breasts, asking the females out on dates for sex and making other sexual advances to female employees. This type of behavior in the work place seems to be getting more common place and employees have to stand up and hire an attorney to protect their rights.

The lawsuit also alleges the women were subjected to discrimination because of their Mexican national origin. The Mexican women had things thrown at them and they were called derogatory terms such as “dumb Mexican” or “stupid Mexican.” The women complained about the sexual harassment and national origin discrimination to supervisors and managers, but Knouse Foods failed to take prompt and effective action to stop the harassment. The harassment and discrimination only go worse after the women complained.

“This is another tragic example of an employer failing to stop cruel, humiliating, and illegal victimization of vulnerable employees,” said EEOC Acting Chairman Stuart J. Ishimaru.

Continue reading "EEOC Files Sexual Harassment and National Origin Lawsuit Against Knouse Foods Cooperative" »

The Equal Employment Opportunity Commission ("EEOC") released its' report for 2008 and it shwos there were 16,752 complaints alleging employment discrimination– up 2.4 percent from the prior year. These complaints are allegations against government agencies only and do not include complaints against private companies. The complaints were filed against federal agencies on the basis of retaliation, gender, race, national origin, religion and age.

Other interesting statistics in the report include of 7,538 cases closed on the merits, 2.5% resulted in findings of unlawful discrimination. Both parties entered into settlements in 19.5 % or 3,249 complaints. Agencies awarded a total of over $50 million in monetary benefits to complainants for unlawful discrimination.

“Federal agencies must step up their efforts to improve complaint processing time, while also focusing on quality results,” said EEOC Acting Chairman Stuart J. Ishimaru. “

Continue reading "EEOC Report Shows Increase in Discrimination Lawsuits" »

The Illinois Human Rights Act ("IHRA") also known as, 775 ILCS 5/1-101 will now offer protection to individuals who have an order of protection. Starting at the first of the year it will be considered unlawful discrimination, based on order of protection status, to take any negative job action on an individual if they have an order of protection and there is no legitimate business reason for the negative job action.

This new law adds order of protection status to the current protected classifications of religion, age, race, national origin, gender, marital status, disability, sexual orientation, military status, and unfavorable discharge from military service. The initial charge would be filed with the Illinois Department of Human Rights in either Chicago or Springfield.

Continue reading "New Illinois Law Takes Affect January 1, 2010 Adding Additional Discrimination Protections" »

The U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict int he amount of $241,708 for plaintiff Youssef Bouamama against Go Daddy Software Inc. The lawsuit was filed by the Equal Employment Opportunity Commission ("EEOC") on behalf of Bouamama, a Muslim of Moroccan national origin who speaks Arabic and claimed Go Daddy Software Inc. had engaged in retaliation against Bouamama when it fired him for complaining about religious and national origin discrimination.

In the underlining lawsuit, the jury found in favor of Bouamama and said that Go Daddy Software Inc. terminated Bouamama, for complaining about religious discrimination and national origin discrimination. After 9-11, there has been a rise in the number of complaints and lawsuit filed based on national origin. Muslims seem to be the latest group to be subjected to this type of discriminatory conduct.

“We are pleased that the Ninth Circuit has affirmed the jury’s finding of retaliation,” said EEOC Regional Attorney Mary Jo O’Neill of the EEOC's Phoenix District Office.

Continue reading "Appeals Court Upholds $241,708 National Origin Verdict" »

The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against Propak Logistics alleging reverse discrimination. According to the lawsuit, from October 1, 2002, through June 30, 2004, based Propak Logistics, Inc. engaged in unlawful employment practices by refusing to hire an entire class of people for non-management positions at its Shelby, N.C., facility because of their non-Hispanic national origin. The complaint said that the company hired predominantly Latinos to the exclusion of equally or more qualified non-Latinos--this is also known as reverse discrimination.

This type of discrimination is national origin discrimination and it is usually filed against companies for not hiring minorities but the door swings both way. A company cannot discriminate against any group based on race or national origin. If a company does discrimination based on national origin, the employee is protected by Title VII of the Civil Rights Act of 1964.

“Discrimination based on national origin is simply illegal, regardless of the background of the victims or the beneficiaries of that misconduct,” said EEOC Acting Chairman Stuart J. Ishimaru.

“This case represents the unfortunate reality that some employers are willing to discriminate against one racial or cultural group in favor of another,” said Lynette Barnes, regional attorney for the EEOC’s Charlotte District Office.

Continue reading "EEOC Files Reverse Discrimination Lawsuit" »

The Sahara Hotel and Casino in Las Vegas violated federal law by creating a hostile work environment for Ezzat Elias an Egyptian kitchen employee through a daily barrage of derogatory comments due to his national origin and retaliating against him when he reported it according to a lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). According to the lawsuit Sahara's supervisors and coworkers continuously belittled and harassed Elias, whose job was delivering food from the kitchen to the hotel buffet and maintaining the buffet, because of his Egyptian heritage.

The harassment included offensive comments, slurs, and graffiti, such as being called “Bin Laden,” “Taliban,” and “f ____ Egyptian” and being told to “go back to Egypt.” Elias was also targeted with graffiti, which he was then required to wash off. Despite Elias’s repeated complaints of such harassment, the defendants failed to take effective measures to stop it. Instead, supervisors retaliated against him, which included disciplinary write-ups and suspension. Retaliation occurs when an employee complains about being discriminated against and supervisors do nothing about it and in fact either encourage the discriminatory behavior or punish the employee for reporting the discriminatory conduct.

National origin discrimination violates Title VII of the Civil Rights Act of 1964. The lawsuit seeks monetary damages for Elias, as well as injunctive relief to prevent such discrimination in the future.

"There is no excuse for such blatant and abusive behavior targeting workers on the basis of their national origin,” said EEOC Las Vegas Local Director Lucy Orta. “Employers must train their managers and frontline supervisors to prevent discrimination and to take prompt and effective action against harassment when it occurs."

L&T Group of Companies, Ltd., the largest employer and conglomerate of garment manufacturers in Saipan, will pay $1.7 million and to provide far reaching and significant injunctive relief to settle a series of lawsuits filed by the U.S. Equal Employment Opportunity Commission ("EEOC"). The lawsuits alleged the company violated federal law regarding retaliation and discrimination based on national origin, pregnancy and age, all in violation of federal law. The EEOC alleged that the employer retaliated against 14 Filipino and Bangladeshi workers when it terminated them because they filed charges of discrimination with the EEOC.

The allegations in the case also included that Bangladeshi security guards were being treated differently than Nepalese with respect to assignment of overtime hours, work location, and housing. Further, the EEOC said the defendants discriminated on the basis of national origin by providing different amounts of benefits to Nepalese, Chinese, Filipino and Bangladeshi employees, and failed to conduct any investigation regarding the claimants’ allegations. Within two or three months after the charge was filed with the EEOC, the defendants unlawfully retaliated against the workers by failing to renew their contracts.

“This major settlement shows that the EEOC will vigorously protect the rights of all workers, within every reach of our jurisdiction, to be free of discrimination,” said EEOC Acting Chairman Stuart J. Ishimaru. “The resolutions of these egregious cases bring a measure of justice to the many workers who were retaliated against and otherwise victimized by discriminatory employment practices because of their national origin, age, or pregnancy.”

Continue reading "L&T Group of Companies, Ltd Pays $1.7 Million to Settle Discrimination Cases With The EEOC" »

The Equal Employment Opportunity Commission ("EEOC") filed a lawsuit against Ashley Furniture also known as Phil Vinar Furniture Inc., in Moline Illinois alleging Ashley's discriminated against employees and job applicants in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). The lawsuit involves approximately 30 to 35 people including employees and job applicants.The lawsuit alleges Ashley's discriminated against Jacqueline Foster because of sexual harassment and also violated the Americans with Disabilities Act ("ADA") by harassing Foster because of her disability and by refusing to provide her with a reasonable accommodation. The EEOC says Ashleys's retaliated against her and others for complaining about sexual harassment.

The lawsuit claims Ashley's engaged in racial and national origin discriminated against a class of African-American and Hispanic applicants by refusing to hire them because of their race and national origin. There is also an allegation that Ashley's violated the record keeping provision of Title VII by not keeping proper records of applicant and employees races and national origin.

The EEOC office in Chicago files about 30 cases of discrimination a year in Illinois.

The EEOC claims Ashleys violated the ADA by denying Foster and another employee health insurance benefits because of their disabilities, that the store engaged in retaliation against Foster in violation of the ADA by firing her after she engaged in protected activity and that the store violated the ADA by commingling employee medical records and personnel records.

Continue reading "EEOC Sues Ashley Furniture For Sexual Harassment, National Origin and Racial Discrimination" »

After the horiffic events of September 9, 2001, discrimination against Muslins and people of Middle Eastern descent has increased, including in workplace discrimination--such discrimination is known as discrimination based on national origin. Title VII of the Civil Rights Act of 1964 "prohibits employment discrimination based on race, color, religion, sex and national origin." 42 U.S.C. Section 2000e. The United States Supreme Court has interpreted Title VII's use of the term "national origin" as referring "to the country where a person was born, or, more broadly, the country from which his or her ancestors came." Espinoza v. Farah Mfg. Co., 414 U.S. 86, 88 (1973). The EEOC guidelines give breadth to define national origin discrimination "as including, but not limited to, the denial of equal employment opportunity because of origin, or because an individual has the physical, cultural or linguistic characteristics of a national origin group." 29 C.F.R. Section 1606.1.

Another basis for discrimination claims based on national origin can be found under section 1981 of the Civil Rights Act of 1866, 42 U.S.C. Section 1981. In Illinois, the controlling case is Abdullahi, v. Prada USA Corporation, 520 F. 3d 710 (7th Cir. 2008), whereby the Seventh Circuit held that hostility based on national origin (in this case Iranian) might be based on the fact that Iran is regarded as an enemy of the United States or by racial animosity. In 2008 the EEOC received 10,601 claims of discrimination based on National Origin with cases settling for a total of $25.4 million.

Simon Property Group, Inc., a nationwide commercial property management company, violated federal law by subjecting Hispanic employees to national origin discrimination, the U.S. Equal Employment Opportunity Commission ("EEOC") charges in a lawsuit. Simon Property Group owns and/or manages various shopping malls throughout the country, including the Forum Shops at Caesars Palace in Las Vegas, where the EEOC said the discriminatory acts took place.

According to the lawsuit, a class of Hispanic housekeepers were subjected to a hostile work environment while performing custodial and janitorial duties at the Forum Shops. The harass­ment began in 2005, when the housekeeping shift lead was hired, and ended when he was terminated for reasons related to the harassment. The housekeeping shift lead referred to housekeepers and other Latino employees as “wetbacks,” “tacos,” and “burritos” and repeatedly told them to “go back to Mexico” – among other things. He also told the Latinos that Mexicans have “inferior intelligence and capability in comparison to whites, and that is why whites are in power.”

EEOC Regional Attorney Anna Park of the Los Angeles District Office, which has jurisdiction for southern Nevada, said, “The abuse of Latino workers will not be tolerated by the EEOC.

Continue reading "EEOC Files National Origin Lawsuit Against Simon Property Group " »