The Equal Employment Opportunity Commission settled a lawsuit against Albertsons after it alleged that the company had implemented a blanket rule that discriminated against employees because of their national origin. The EEOC’s lawsuit claimed that the company had allowed one of its managers to discriminate against and harass its Hispanic employees because they spoke Spanish. The Complaint alleged that the company prohibited its Hispanic employees from speaking Spanish, including to Spanish speaking customers and during breaks. The employees were reprimanded when they did speak Spanish. The EEOC considers a blanket “English-only” rule whereby employees may not speak any language other than English (including during breaks) to be a form of national origin discrimination in violation of Title VII of the Civil Rights Act of 1964. See EEOC v. Albertsons Companies, Inc., No. 3:18-cv-00852 (S.D. Cal.).
Calling Employees Terrorists Because of their National Origin Can Create a Hostile Work Environment
The U.S. Equal Employment Opportunity Commission settled a lawsuit against Porous Materials, Inc., in which the EEOC alleged that the company had harassed employees because of their race, sex, and national origin. The EEOC’s lawsuit claims that the company subjected its employees to sexism, racism, and national origin discrimination by a manager’s use of racial slurs, references to foreign-born employees as “terrorists,” and racist remarks to the company’s only black employee that involved a noose. This manager also complained that immigrants stole American jobs and told immigrant employees to leave America. The lawsuit also alleged that the manager made discriminatory comments about women and said that women could not perform a “man’s job.” This alleged conduct is a violation of Title VII of the Civil Rights Act of 1964 which prohibits race discrimination, national origin discrimination, and sex discrimination as well as harassment. See EEOC v. Porous Materials, Inc., No. 3:18-cv-01099 (N.D.N.Y.).
Paying Employees a Lower Wage Because They Were Born Outside the United States is Illegal
The U.S. Equal Employment Opportunity Commission reached an agreement with a car dealership to settle a national origin discrimination lawsuit alleging that the dealership paid certain employees less money because of their country of origin. The lawsuit claimed that the dealership had paid Chinese emergency and accessory installation technicians $3 less than its non-Chinese employees in the same position, even when certain non-Chinese employees had little or no relevant experience for the job. The lawsuit further alleges that the company reprimanded Chinese employees who complained about the unfair pay treatment and threatened to fire Chinese employees if they sought legal advice. The alleged conduct is a violation of Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of national origin. See EEOC v. Chas. S. Winner, Inc., No. 1:16-06137 (D.N.J.).
The U.S. Equal Employment Opportunity Commission recently announced that Reliable Nissan agreed to settle charges of discrimination alleging race discrimination, national origin discrimination, religious discrimination, and retaliation. Employees claimed that two managers from the company repeatedly used the “n-word” during a meeting and used derogatory terms to refer to African-American, Native American, Muslim, and Hispanic employees. The employees alleged that the managers also made offensive jokes about the religious practices of Muslim and Native American employees, and that the workplace included offensive pictures towards minority employees. The employees further claimed that the managers used offensive terms including “n*****,” “drunken Indians,” and “redskins.” The alleged conduct is a violation of Title VII of the Civil Rights Act of 1964. Discrimination against employees on the basis of their race, religion, or national origin is illegal. It is also illegal to retaliate against employees who complain about such discrimination. The EEOC reported that Reliable Nissan agreed to pay $205,000 total to three employees who filed allegations of discrimination. See https://www.eeoc.gov/eeoc/newsroom/release/10-11-17.cfm
National Tire and Battery has reportedly agreed to pay $22,500 to settle a national origin and religious discrimination lawsuit that the Equal Employment Opportunity Commission brought on behalf of one of NTB’s former employees. The EEOC’s suit alleged that the employee was harassed by coworkers because of his religion and national origin by calling him “Taliban,” “al-Qaeda,” “bin Laden,” and “terrorist” and by accusing him of making bombs. The allegations also assert that the former employee constantly complained to management about the harassment, but nothing was done to stop it. National origin and religious discrimination violates Title VII of the Civil Rights Act of 1964. See EEOC and NTW, LLC , No. 15-cv-1681 (N.D. Ill.).
Employer Calling Employees Ignorant, Lazy or Stupid Because Of Their Country Creates a Hostile Work Environment
The EEOC recently filed a lawsuit against Glaser Organic Farms, alleging that Glaser subjected its kitchen employees to a hostile work environment because of the employees’ national origin and race. The lawsuit also included a retaliation charge as a result of Glaser terminating an employee for filling a discrimination charge with the EEOC. The EEOC’s suit alleges that a kitchen manager created a hostile work environment for Hispanic employees by making disparaging comments such as “You Mexicans are ignorant, “Mexicans are lazy,” and “Mexicans are stupid.” Glaser fired the employee who filed a discrimination charge with the EEOC. This conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race and national origin, and prohibits an employer from retaliating against employees who oppose this type of discrimination. See EEOC v. Glaser, No. 1:15-cv-23642 (S.D. Fla.).