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Showing posts from April, 2008

SEXUAL HARASSMENT VERDICT UPHELD IN FAVOR OF EEOC AGAINST AG INDUSTRY GIANT HARRIS FARMS

SAN FRANCISCO – The United States Court of Appeals for the Ninth Circuit has affirmed the judgment on a jury verdict in favor of the U.S. Equal Employment Opportunity Commission (EEOC) and farm worker Olivia Tamayo in a sexual harassment and retaliation lawsuit against Coalinga, Calif.-based Harris Farms, one of the largest integrated farming operations in the Central San Joaquin Valley.

The appeal followed a trial where the jury found Harris Farms liable for sexual harassment, retaliation and constructive termination. Tamayo was awarded over $1,000,000, including attorney's fees for her private lawyer, on her federal and state law discrimination claims.

WAL-MART TO PAY $300,000 TO REJECTED JOB APPLICANT WITH DISABILITY

KANSAS CITY, Kan. – Wal-Mart Stores, Inc. will pay $300,000 to a Hardin, Mo., man to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

In its suit, the EEOC alleged that Wal-Mart refused to hire Steve Bradley, who has cerebral palsy and uses crutches or a wheelchair for mobility, when he applied for employment at its Richmond, Mo., store in 2001. At the time, the retail giant was preparing to open a new 24-hour Supercenter and was conducting mass hiring. Bradley applied for any available job, but during his interview he was questioned about his ability to work using his wheelchair and was told he was “best suited” for a greeter position. Ultimately, the company refused to hire him. The EEOC’s suit (EEOC v. Wal-Mart Stores, Inc., No. 04-cv-0076 (W.D. Mo)) alleged that Wal-Mart violated Title I of the Americans with Disabilities Act (ADA) when it refused to hire Bradley.

RENHILL STAFFING TO PAY $580,000 TO SETTLE EEOC AGE, RACE AND RETALIATION SUIT

INDIANAPOLIS – A Fort Wayne staffing company will settle an age, race and retaliation discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The company will pay a total of $580,000 and will also pay up to $5,000 in settlement administrative expenses.

The EEOC charged in its suit (Case no. 1:08-cv-0082-TS in U.S. District Court for the Northern District of Indiana, Fort Wayne Division) that Renhill Services, Inc. violated federal law by failing to refer African American applicants and applicants age 40 for work assignments. Further, the EEOC said, Renhill unlawfully retaliated against employees who objected to these referral practices.

BANRUPTCY FILING REBOUND IN CALENDER YEAR 2007

April 15, 2008 — Bankruptcy filings in the federal courts rose 38 percent in calendar year 2007, according to data released today by the Administrative Office of the U.S. Courts. The number of bankruptcies filed in the twelve-month period ending December 31, 2007, totaled 850,912, up from 617,660 bankruptcies filed in calendar year 2006. Filings rebounded from a 70 percent drop in calendar year 2006, which was the first full 12-month period after the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) took effect.

An historic high in the number of bankruptcies filings was seen in calendar year 2005, when over 2 million bankruptcies were filed, mainly because, in October of 2005, many of the provisions of BAPCPA were enacted. Filings fell through 2006, but started their gradual climb back up in 2007.

BCI COCA-COLA BOTTLING CO. TO PAY $250,000 TO BLACK WORKER FOR RACE DISCRIMINATION

ALBUQUERQUE, N.M. -- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the settlement of a race discrimination lawsuit against BCI Coca-Cola Bottling Company of Los Angeles (BCI) for $250,000 on behalf of an African American former worker in Albuquerque, N.M. The resolution follows a favorable ruling by the U.S. Court of Appeals for the 10th Circuit, which established an important legal doctrine known as “subordinate bias” theory.

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