Tag Archives: Discrimination Lawsuits

by | December 26, 2013 · 10:20 am

Hospitality Industry Legal Risks: California Restaurant Ordered To Pay $5.68 Million In “Age Discrimination” Lawsuit; Acted With “Fraud & Malice” After Terminating Four “Older” Women

“…a second phase of trial the same day, the jury added a combined total of $4 million in punitive damages after finding that the restaurant Hospitality Industry Discrimination Lawsuitsacted with fraud, oppression and/or malice after terminating all four, then replacing them within a short time with younger women in their 20s…the restaurant was advertising for the plaintiffs’ replacements even after promising them that their minimum-wage jobs were safe, according to their attorney…”

Four former servers at a Woodland Hills restaurant were collectively awarded $5.68 million in a lawsuit alleging they were laid off from their jobs because of their ages. The plaintiffs, Martha Aboulafia, 61, Cheryl B. Colgin, 61, Regina Greene, 49, and Patricia Monica, 70, had a combined 47 years of service at Cable’s Restaurant at 20929 Ventura Blvd. All were let go by the restaurant’s new owner in 2010, according to trial testimony.

The women sued Cable’s and its owners, GACN Inc., in Los Angeles Superior Court in September 2011, alleging age discrimination and wrongful termination. On Dec. 17, a jury deliberated for less than two hours before unanimously awarding a combined $1.68 million in compensatory damages to the women for lost wages and emotional distress.

For more:  http://www.dailynews.com/business/20131224/4-woodland-hills-restaurant-workers-awarded-57m-in-age-discriminaton-lawsuit

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by | December 25, 2013 · 9:37 am

Hospitality Industry Legal Risks: North Carolina Restaurant Settles EEOC “Religious Discrimination” Lawsuit For $40,000; Veteran Female Worker Fired For “Refusing To Wear Pants To Work”

The EEOC’s complaint alleged that the  companies informed Silver she must wear pants to work because of their dress  code policy.  According to Equal Employment Opportunity Commissionthe EEOC,  Silver told Scottish Food Systems and Laurinburg KFC Take Home she could not  wear pants because of her religious beliefs.   However, the companies ultimately fired her for refusing to wear pants  to work.

Scottish Food Systems,  Inc. and Laurinburg KFC Take Home, Inc. will pay $40,000 and furnish other  relief to resolve a religious discrimination lawsuit filed by the U.S. Equal  Employment Opportunity Com­mission (EEOC), the agency announced today.  Scottish Food Systems and Laurinburg KFC Take  Home are based in Laurinburg, N.C.  and  jointly operate a chain of Kentucky Fried Chicken restaurants in North  Carolina.

According to the EEOC’s complaint, Sheila  Silver converted to Pentecostalism in 2010.   As a member of the Pentecostal church, Silver believes women cannot wear  pants.  In accordance with this religious  belief, Silver has not worn pants since the fall of 2010.  Silver has worked for various Kentucky Fried  Chicken restaurants since 1992.  Scottish  Food Systems and Laurinburg KFC Take Home purchased the KFC restaurant where  Silver worked in Rocky Mount, N.C., in April 2013.

Such alleged conduct violates Title VII of the Civil  Rights Act of 1964 (Title VII), which requires employers to reasonably  accommodate an employee’s religious beliefs as long as doing so would not pose  an undue hardship.  The EEOC filed suit on  September 19, 2013 in U.S. District Court for the Middle District of North  Carolina (EEOC v. Scottish Food Systems,  Inc. and Laurinburg KFC Take Home, Inc., Civil Action No. 1:13-CV-00796)  after first attempting to reach a pre-litigation settlement through its  conciliation process.

In  addition to monetary damages, the three-year consent decree resolving the suit  requires Scottish Food Systems and Laurinburg KFC Take Home to adopt a formal  religious accommodation policy and to conduct an annual training program on the  requirements of Title VII and its prohibition against religious discrimination.  Scottish Food Systems and Laurinburg KFC Take  Home will also post a copy of their anti-discrimination policy at all of their  facilities.

“Employers  must accommodate an employee’s sincerely held religious belief when such an  accommodation would not pose an undue hardship,” said  Lynette A. Barnes, regional attorney for the EEOC’s Charlotte District  Office.  “This case demonstrates the  EEOC’s continued commitment to fighting religious discrimination in the  workplace.”

The EEOC is responsible for enforcing  federal laws prohibiting discrimination in employment.  Further information about the EEOC is  available on its web site at www.eeoc.gov

For more: http://www.eeoc.gov/eeoc/newsroom/release/12-23-13.cfm

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by | December 23, 2013 · 6:36 am

Hospitality Industry Employment Risks: California Restaurant Group Settles “Religious Discrimination” Lawsuit With EEOC For $50,000; Trainer Fired For Growing Beard

“…The EEOC had charged that a restaurant formerly owned by McDonald’s in Fresno refused a request from a Muslim employee, a crew trainer, Equal Employment Opportunity Commissionto grow a beard for religious reasons which lead to his constructive discharge in September 2005…Aside from the monetary relief for the crew trainer, the two-year consent decree settling the suit provides that McDonald’s will reinforce training of its managers and staff and redistribute its existing policies related to religious discrimination and accommodation…”

McDonald’s Restaurants of California, Inc. will pay $50,000 and furnish other relief to settle a religious discrimination lawsuit by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which requires that employers make reasonable accommodations to the sincerely held religious beliefs of employees and applicants as long as this causes no harm to the business.  The EEOC filed suit in U.S. District Court for the Eastern District of California (EEOC v. McDonald’s Restaurants of California, Inc., Case No. 1:13-cv-02065AWI-SAB) after first attempting to reach a pre-litigation settlement through its conciliation process.

“We commend McDonald’s for its commitment to training and ensuring that its staff and managers are well-versed on laws relating to religious discrimination,” said Anna Y. Park, regional attorney for the EEOC’s Los Angeles District Office.  “We hope other employers follow McDonald’s lead in promoting training and development of extensive anti-discrimination policies.”

Melissa Barrios, director of the EEOC’s Fresno Local Office, said, “Workers have the right to request an accommodation which would allow them to work while still practicing their religious beliefs.  Employers must consider such requests and ensure that no negative actions are taken against workers who exercise this right.”

The EEOC is the federal agency that enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

For more: http://www.eeoc.gov/eeoc/newsroom/release/12-20-13a.cfm

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by | December 10, 2013 · 6:47 am

Hospitality Industry Legal Risks: National Restaurant Chain Settles “Age Discrimination” Lawsuit With EEOC For $575,000; “Discriminatory Barriers To Hiring” For Applicants Over 40

Ruby Tuesday, Inc. will pay $575,000 and provide significant equitable relief to settle a class age discrimination lawsuit filed by the U.S Equal Equal Employment Opportunity CommissionEmployment Opportunity Commission (EEOC), the agency announced today. The EEOC alleged that Ruby Tuesday engaged in a pattern or practice of age discrimination against job applicants who were 40 years of age or older at six of the chain’s restaurants located in West Mifflin, Greensburg, Altoona, Du Bois, and Indiana, Pa., and in Beachwood, Ohio, in violation of the Age Discrimination in Employment Act of 1967 (ADEA).

The restaurant chain also failed to preserve employment records, including employment applications, as required by the ADEA and EEOC regulations, the EEOC charged in its lawsuit filed in U.S. District Court of the Western District of Pennsylvania (EEOC v. Ruby Tuesday, Inc., Civil Action No. 09-1330).

“This case demonstrates the agency’s ongoing commitment to challenge discriminatory barriers to hiring,” said EEOC General Counsel David Lopez.  “Vigorous law enforcement efforts on behalf of older workers are critical to the EEOC’s mission to eradicate barriers to employment.”

EEOC District Director Spencer H. Lewis, Jr. said, “The EEOC is committed to combatting unlawful age discrimination in the workplace and will hold employers responsible if they make hiring decisions based on age rather than the applicant’s ability to do the job.”

In addition to the $575,000 in monetary relief, the three-and-one-half-year consent decree resolving the lawsuit enjoins Ruby Tuesday from engaging in future age discrimination or retaliation and provides substantial non-monetary relief at the affected Ruby Tuesday locations.

Among other things, Ruby Tuesday, Inc. will:

  • Implement numerical goals for hiring and recruitment of job applicants age 40 and older at the affected locations;
  • Review its job advertisements to make certain they do not violate the ADEA’s prohibitions against age discrimination;
  • Conduct audits, including random reviews of hiring decisions, to ensure non-discrimination and compliance with the terms of the consent decree;
  • Evaluate the job performance of people with hiring authority for the six stores named in the consent decree and set their compensation (including bonuses), in part, based on their degree of success in helping Ruby Tuesday achieve its goals of ensuring that its recruitment and hiring practices provide equal employment opportunities for people who are 40 or older;
  • Designate a decree compliance monitor for oversight of compliance with the requirements of the ADEA and the terms of the consent decree;
  • Provide extensive training on the requirements of the ADEA and the consent decree to the decree compliance monitor, human resources personnel and hiring authorities of the six stores named in the consent decree; and
  • Report to the EEOC and keep records about its hiring practices and compliance with the consent decree.

Philadelphia Regional Attorney Debra M. Lawrence added, “We are pleased that Ruby Tuesday worked with us to craft a comprehensive settlement that will benefit all employees and applicants.  In addition to the monetary compensation for the class members, the extensive training and equitable measures are designed to improve recruitment and hiring of older workers and protect all applicants from age discrimination.”

According to its website, www.rubytuesday.com, Ruby Tuesday, Inc. has nearly 800 company-owned and franchised restaurants and more than 40,000 corporate and franchise team members.

Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women, and people with disabilities, is one of six national priorities identified by the EEOC’s Strategic Enforcement Plan.

The Philadelphia District Office of the EEOC oversees Pennsylvania, Maryland, Delaware, West Virginia and parts of New Jersey and Ohio.  The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the agency is available at its website, www.eeoc.gov.

For more: http://www.eeoc.gov/eeoc/newsroom/release/12-9-13.cfm

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by | December 2, 2013 · 9:44 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Sued By Worker For “Religious Discrimination”; Claims New Manager Reduced Hours, Created Hostile Work Environment

“…At the start of her employment, (the plaintiff) informed the defendant that she could not work on Thursdays and Sundays due to her religious Hospitality Industry Discrimination Lawsuitsbeliefs…In June 2011, after a woman identified as Aretha Foster became the plaintiff’s store manager, Matthews had her hours reduced to 15 a week from 35…The complaint alleges that Foster also subjected the plaintiff to an increasingly hostile work environment, that the supervisor would deny Matthews her breaks, and that the woman would verbally abuse the plaintiff in front of other staff members…”

A Jehovah’s Witness from southeastern Pennsylvania is suing a Louisiana-based restaurant over allegations that the company discriminated against her because of her religion. Jonna Matthews, who currently resides in Pottstown, Montgomery County, filed suit at the U.S. District Court in Philadelphia on Nov. 26 against America’s Pizza Co. over the allegedly discriminatory treatment she received at the hands of the defendant while she was employed as a customer service representative beginning in early February 2011.

The plaintiff, however, maintains that she never asked for the reduction in hours and was still available to work Mondays, Tuesdays, Wednesdays, Fridays and Saturdays. The defendant stands accused of violating Title VII of the Civil Rights Act, which bars discrimination on the basis of religion.

“Plaintiff suffered adverse job actions, including, but not limited to, disciplines, denials of various opportunities, and termination,” the suit states.

For more:  http://pennrecord.com/news/12247-montco-woman-sues-louisiana-restaurant-over-religious-discrimination

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by | November 21, 2013 · 7:20 am

Hospitality Industry Legal Risks: California Hotel Employee Files “Racial Discrimination And Harassment” Lawsuit; Painter “Unjustly Fired”, Exposed To Unsafe Working Conditions

“…The suit claims (the plaintiff) was unjustly fired from his position after he was instructed to complete tasks typically subcontracted to outside vendors. The Hospitality Industry Discrimination Lawsuitscourt filing also claims two of the hotel’s buildings had serious water damage and mold issues, but management failed to properly train employees or equip them with the right safety equipment, exposing Tobin to unsafe working conditions…”

Ronald Tobin, a former employee at Fess Parker DoubleTree Hilton, is suing the joint resort company and three of its supervisors for alleged discrimination and unfair business practices while he worked there as a painter for nearly three years.

Tobin, who’s African-American, claims he was subjected to discrimination and harassment at the DoubleTree because of his race, and that the human resources department neglected to investigate or address his complaints. During an event at the hotel, the lawsuit reads, one of Tobin’s supervisors talked about the chicken and watermelon being served, and used the phrases “you people” and “your food.” “[The supervisor] continued to state that he does not know why African-Americans refer to themselves that way when white people do not say ‘Caucasian-Americans,’” the filing reads. The lawsuit also states another employee regularly used the “n-word” without being reprimanded.

For more:  http://independent.com/news/2013/nov/21/discrimination-doubletree/

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by | November 18, 2013 · 10:24 am

Hospitality Industry Employment Risks: New Mexico Hotel Settles EEOC “Religious Discrimination” Lawsuit For $100,000; Housekeeper Fired After Refusing To Remove Head Covering

 “…The EEOC lawsuit charged the employer with failing to allow Abdullah to work unless she removed her religious head covering, and fired her Equal Employment Opportunity Commissionwhen she declined to do so…the consent decree includes: an injunction prohibiting future discriminatory practices; institution of policies and procedures to address religious discrimination and retaliation; training for employees of MCM, and managers and human resource officials of both defendants on religious discrimination; and posting a notice advising employees of their rights under Title VII…”

704 HTL Operating LLC and Investment Corporation of America, doing business as MCM Elegante Hotel in Albuquerque, has agreed to settle a religious discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission for $100,000 and other relief.

The EEOC, in a news release, said the settlement resolves an EEOC lawsuit filed in September for alleged religious discrimination against Safia Abdullah, who was hired for a housekeeping position at the hotel. The hotel owners denied the allegations in the EEOC’s lawsuit and said in court papers they settled the case to avoid the risks and expenses of continued litigation.

For more: http://www.eeoc.gov/eeoc/newsroom/release/11-18-13.cfm

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by | October 4, 2013 · 5:43 am

Hospitality Industry Legal Risks: Illinois Hotel Sued For Violating “Americans With Disabilities Act (ADA)” By Firing Employee In Need Of Small Oxygen Tank; Obligation To Work With, Accomodate Her Disability

“… the 51-year-old (woman) filed a federal lawsuit alleging that the Paddle Wheel Inn violated the Americans with Disabilities Act by dismissing Hospitality Industry ADA Lawsuitsher without attempting to accommodate her need for a small oxygen tank…The lawsuit also alleged that earlier this year the inn fired Colvin’s daughter, who also worked at the hotel as a desk clerk, just one day after the Equal Employment Opportunity Commission substantiated Colvin’s claim of discrimination…Barry Taylor, Colvin’s attorney, said that under federal law the inn had an obligation to work with Colvin on a reasonable accommodation for her disability and should not have jumped to any conclusions about whether she would be able to perform her duties…”

Donna Colvin loved her job as the overnight desk clerk at the Paddle Wheel Inn, especially the quiet hours spent tidying the lobby and laying out the morning’s continental breakfast while guests were still fast asleep.

Even when respiratory ailments briefly sidelined her two years ago, Colvin was determined to keep working at the charming inn, situated on the banks of the Rock River about 90 miles west of Chicago. Heeding her doctor’s advice, Colvin informed the inn’s manager that she would have to be on oxygen while she worked. The next day, she learned by letter that she had been fired.

The suit contended the inn lied in its dismissal letter by telling Colvin she was being let go because she had failed to cover her shifts during several brief stints in the hospital.

“To assume that someone, just because they’re using oxygen, would be bad for business is really a knee-jerk reaction that is unwarranted,” said Taylor, an attorney for Equip for Equality, a disability rights legal advocacy organization based in Chicago.

For more:  http://www.chicagotribune.com/news/local/ct-met-disabilities-lawsuit-20131004,0,2456004.story

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by | August 23, 2013 · 5:50 am

Hospitality Industry Employment Risks: Mississippi Hotel Sued For “Pregnancy Discrimination” By EEOC; Woman Fired On First Day Of Work After Informing Manager Of Pregnancy

“…According to the EEOC’s suit, (the employee) informed her manager of her pregnancy on her first day of work.  That evening, the manager terminated Harmon and replaced her with a non-pregnant employee, the EEOC said…”

EEOC“Employers cannot penalize women for choosing to have a family,” said Katharine W. Kores, district director of the EEOC’s Memphis District Office, which has jurisdiction over Arkansas, Tennessee and portions of Mississippi.  “This agency will continue to work to eliminate this type of discriminatory conduct.”

Jiji, Inc., a Holiday Inn franchisee located in Batesville, Miss., violated federal law when it fired an employee because of her pregnancy, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed today.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act.  The EEOC filed suit, Civil Action No. 3:13-cv-00212, in U.S. District Court for the Northern District of Mississippi, Oxford Division after first attempting to reach a pre-litigation settlement through its conciliation process.  The suit seeks back pay, compensatory and punitive damages, reinstatement and injunctive relief.

Jiji, Inc. is a Mississippi corporation based in Batesville that owns, manages, and operates hotel facilities in Mississippi. The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its web site at www.eeoc.gov.

For more:  http://www.eeoc.gov/eeoc/newsroom/release/8-22-13.cfm

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by | April 21, 2013 · 12:27 pm

Hospitality Industry Legal Risks: California Restaurant Franchisee Settles EEOC “Disability Discrimination Lawsuit” For $100,000; Former Floor Supervisor With “Intellectual Disability” Demoted To Janitorial Position

“…The EEOC contends that once Alia took over,  Alia management demoted Morgan to a janitorial position, cut his hours and reduced  his hourly EEOCwages, thereby forcing him to find other employment and resign by  June 2009.   The EEOC’s lawsuit argued  that Alia Corporation thus engaged in disability discrimination that violated  the Americans with Disabilities Act  (ADA)…”

Alia Corporation, a franchisee  with over 20 fast-food chain restaurants throughout Central California, agreed  to pay $100,000 to settle a disability discrimination lawsuit filed by the U.S.  Equal Employment Opportunity Commission (EEOC), the federal agency announced  today.

The EEOC originally filed suit against the Merced,  Calif.-based company in 2011 on behalf of Derrick Morgan, a former floor  supervisor with an intellectual disability (EEOC v. Alia Corporation, Case  No. 1:11-cv-01549-LJO-BAM, U.S. District Court, Eastern District of  California).  Morgan was known to be a good employee and  promoted by previous management from crew member to super­visor in 2008.

As  part of the settlement announced today, the parties entered into a three-year  consent decree requiring Alia to hire an equal employment opportunity (EEO) monitor  to create anti-discrimination policies and procedures; a complaint process and  impartial investigations; a centralized tracking system for discrimination  complaints; a system to hold employees accountable for discrimination; and,  annual live disability discrimination training for all management and human  resources employees.  The $100,000 in  monetary relief shall be paid entirely to Morgan.  The EEOC will monitor compliance with the agreement.

“Employers cannot allow biases and stereotypes to factor  into employment decisions,” said Anna Y. Park, regional attorney for the EEOC’s  Los Angeles District Office, which includes Fresno in its jurisdiction.  “The EEOC commends Alia Corporation for  today’s settlement, as it marks a new path for Alia — one which includes equal  employment opportunity for all of their employees, regardless of disabilities.”

Melissa  Barrios, director of the EEOC’s Fresno Local Office, said, “Disability discrimination  charges are on the rise in California, comprising 30% of all charges  filed.  Workers who are unjustly  penalized due to their disabilities have protections under federal law, and the  EEOC is here to help.”

For more:  http://www.eeoc.gov/eeoc/newsroom/release/4-18-13.cfm

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