Tag Archives: EEOC

by | August 1, 2012 · 6:19 am

Hospitality Industry Employment Risks: North Carolina Hotel Sued By EEOC For "Failure To Accommodate An Employee's Religious Beliefs"

 “…the defendants’ managers scheduled Neal to work the evening shift on Friday, Dec. 24, 2010.  Because the shift interfered with her Sabbath observance, Neal, who had previously been allowed to be off for her Sabbath by other managers at the hotel, explained that she could not work on that evening because of her Sabbath.  The hotel managers refused Neal’s request and instead fired her…”

The owners/operators of Comfort Inn Oceanfront South in Nags Head, N.C., violated federal law when they failed to accommodate an employee’s religious beliefs and then fired her because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed Monday.

According to the EEOC’s complaint, Claudia Neal, who worked as a front desk clerk at Comfort Inn Oceanfront South, is a Seventh-Day Adventist. Neal observes her Sabbath from sundown on Friday until sundown on Saturday.

For more:  http://thejobmouse.com/2012/07/31/comfort-inn-oceanfront-south-sued-by-eeoc-for-firing-employee-over-sabbath-issue/

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by | July 7, 2012 · 6:59 am

Hospitality Industry Legal Risks: Washington Hotel Owners Agree To Pay $365,000 To Settle EEOC Harassment Lawsuit

Among other incidents cited in the EEOC statement, the general manager threw a stapler at one employee, and told another she was nothing but a welfare mother and should abort her pregnancy.

Two hotel groups have agreed to pay $365,000 to settle a harassment lawsuit brought by the federal Equal Employment Opportunity Commission in connection with the alleged actions of a general manager who worked for two hotels in the state of Washington.

According to a statement issued by the EEOC on Thursday, the unidentified general manager of the Best Western Evergreen Inn in Federal Way, Wash., and the Best Western Tacoma Dome in Tacoma, Wash., “persistently harassed and denigrated women, including those who were minorities and had strong religious beliefs, in violation of the federal law.” Court papers identify the general manager as Syed Ahmed.

The EEOC said female employees were subjected to the constant use of racial slurs and derogatory sex-based and racial comments.

For more:  http://www.businessinsurance.com/article/20120706/NEWS07/120709937?tags=%7C70%7C75%7C303

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by | July 5, 2012 · 6:14 am

Hospitality Industry Employment Risks: South Carolina Hotel Settles Sexual Harassment And Retaliation Lawsuit With EEOC For $90,000

“… from at least August 2007 until January 2009, the hotel’s male general manager subjected the women to sexual comments, sexual advances and unwelcome touching. When Tamara Byrd reported the sexual harassment to the defendants’ corporate office, the defendants failed to properly investigate or stop the harassment. The general manager then discharged Byrd. The EEOC contends that Byrd’s discharge was because she refused the general manager’s unwelcome sexual advances and in retaliation for her complaints of sexual harassment to the corporate office…”

The operators and management company of a Holiday Inn Express in Simpsonville, S. C., will pay $90,000 to settle a sexual harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced Monday.

The agency had charged that the defendants, Imperial Investments Greenville, Inc. and Imperial Investments Group, Inc., violated federal law by subjecting several female employees to a sexually hostile work environment at the hotel. The lawsuit further charged that one woman was unlawfully fired in retaliation for complaining about the sexual harassment. Such alleged actions violate Title VII of the Civil Rights Act of 1964 which prohibits sex discrimination, including sexual harassment, and retaliation.

According to the EEOC’s suit, the defendants maintained a sexually hostile working environment for Tamara Byrd, Pamela Kral, and Billie Jones. More specifically, the complaint alleged thatIn addition to $90,000 in monetary damages to be split among the harassment victims.

For more:  http://thejobmouse.com/2012/07/05/simpsonville-hotel-to-pay-90000-to-women-subjected-to-sexual-comments-propositions-and-touching-by-male-supervisor/

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by | June 24, 2012 · 6:13 am

Hospitality Industry Employment Risks: Missouri Restaurant Settles "Sexual Harassment" Lawsuit With EEOC; $23,000 Payment And Employee Training Part Of Settlement

The victim will receive the payment and the training will be for all management and non-managemnt employees at its Galleria location.  Villa Galleria also agreed to report internal complaints of sex harassment to the EEOC for the decree’s 18-month term.

A restaurant in the Galleria will pay $23,000 and provide training against sexual harassment to all employees as the result of a sexual harasssment lawsuit settlement, according to the U.S. Equal Employment Opportunity Commission.

The EEOC filed a suit last September that alleged Villa Galleria allowed an employee to be subjected to sexual harassment by an assistant supervisor.  The employee alleged the supervisor tried to put his hands up her skirt and kiss her.

For more:  http://www.ksdk.com/news/article/325114/3/Galleria-restaurant-settles-sexual-harassment-lawsuit

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by | March 31, 2012 · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | · 9:12 am

Hospitality Industry Legal Risks: Wisconsin Restaurant Sued By EEOC For "Racial Discrimination" And "Wrongful Termination"

“..(the restaurant management) made a bad situation worse by firing the man who had the guts to stand up to it…the EEOC will stand up for people (like this employee)…”

“…the EEOC is seeking back pay, job reinstatement, compensatory and punitive damages…”

A restaurant in Menomonie, Wis., is being sued by the federal government because its managers posted images of a noose, a Klan hood and other racist depictions that prompted a black employee to complain and then be fired. The U.S. Equal Employment Opportunity Commission (EEOC) lawsuit, filed Tuesday against the owners of Sparx Restaurant & Bar, alleges that Dion Miller was fired in retaliation for complaining about the racist atmosphere that the images conveyed.

According to the suit:

Miller arrived for a regular shift and found taped to the cooler a picture of black actor Gary Coleman and a dollar bill that was defaced with a noose around the neck of a black-faced George Washington. Also on the dollar bill were swastikas and the image of a man in a Ku Klux Klan hood.

Sparx’s managers told Miller that they had posted the images the evening before and insisted that it was just “a joke.”

Miller was fired within weeks of complaining for allegedly having “a bad attitude.”

The suit was filed after an attempt at a settlement with the restaurant’s owner, Northern Star Hospitality Inc., failed.

“Sparx bills itself as a ‘family restaurant’ even as its managers posted imagery which evokes shameful memories of racially motivated physical attacks and lynchings,” John Hendrickson, regional attorney for the Chicago district of the EEOC, said in a statement Wednesday announcing the lawsuit.

For more:  http://www.startribune.com/local/144690225.html

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by | March 24, 2012 · 7:41 am

Hospitality Industry Legal Risks: Arizona Restaurant Chain Found Guilty Of "Pregnancy Discrimination" In Suit Brought By EEOC

“The EEOC would like to remind employers that pregnancy discrimination has been illegal for decades, and violations of the law will be met with rigorous enforcement by our agency.”

 The manager admitted in sworn testimony that he had made that statement, having been told by a company official that he could not hire pregnant women.

An Arizona federal jury returned a verdict against High Speed Enterprise, Inc., a corporation that owns five Phoenix-area Subway restaurants. The jury awarded damages to Belinda Murillo, a job applicant who claimed she was refused a position solely because she was pregnant. The suit was brought by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the lawsuit, EEOC v. High Speed Enterprise, Inc. dba Subway, Murillo applied for a job at a central Phoenix Subway in May 2006. Later that month she met with the general manager who asked if she was pregnant. She said yes.

EEOC says that the manager told the applicant, “We can’t hire you because you’re pregnant.” She also reminded pregnant women that it is against the law for employers to fire them or treat them differently because they are expecting.

For more:  http://safety.blr.com/workplace-safety-news/safety-administration/Disabilities-ADA/Jury-Decides-Against-Restaurant-Owner-in-Discrimin/

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by | February 19, 2012 · 7:32 am

Hospitality Industry Employment Risks: California Hotel Owners Settle "EEOC Disability Discrimination Lawuit" Brought By Autistic Desk Clerk

“…the hotel’s owner, signed a three-year settlement agreement that will pay the clerk $125,000—and donate $7,500 to Partnerships with Indus­try, a San Diego-based nonprofit that provides employment support to people with disabilities…”

The EEOC and the Comfort Suites Hotel in Mission Valley have agreed to settle a lawsuit filed on behalf of an autistic desk clerk who sought state assistance to perform his job but was fired instead. It’s a case that shows how the threat of litigation can sometimes result in greater good.

The man asked California to provide a state-sponsored job coach. Even though the job coach’s serv­­ices were free, the hotel wouldn’t allow the coach to help the clerk. Eventually it fired the clerk, despite previous work experience showing that autism didn’t prevent him from being a solid employee.

After the clerk filed an EEOC disability discrimination suit, the two sides agreed to settle.

But Tarsadia didn’t stop there. In addition to totally revamping its reasonable accommodation procedures and policies, it will hire a consultant to train all employees about disability rights and reasonable ac­­­­com­­modation procedures. The consultant will hold supervisors and managers accountable for their actions in regard to disabled employees.

For more:  http://www.businessmanagementdaily.com/29400/socal-hotel-steps-up-after-firing-autistic-employee

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by | November 20, 2011 · 6:52 am

Hospitality Industry Employee Risks: Former Housekeepers File Complaint With EEOC Against California Hotel Claiming They Were Fired After "Complaining About Photos Posted On Bulletin Board"

“…not seeking monetary damages, but that they just want their jobs back with back pay. But, if necessary,..they would file a lawsuit against the hotel…”

The Reyes sisters claim someone posted photos of their faces atop bikini-clad cartoon images on a bulletin board in a hallway in the housekeeping department that is accessible only to employees.

Two former Santa Clara Hyatt Regency workers filed a complaint against the hotel with a federal employment agency Friday claiming that management fired them after they objected to photos of their faces pasted atop bikini-clad cartoon images on a company bulletin board.

The workers, Lorena Reyes, 50, of San Jose, and Martha Reyes, 48, of Milpitas, filed a complaint with the Equal Employment Opportunity Commission against the Santa Clara Hyatt Regency where the sisters worked in the housekeeping department for six years until they were fired in mid-October.

The complaint follows a discord that sparked between the sisters and Hyatt management during “Housekeeping Appreciation Week” in September during which Lorena Reyes, who has worked for the Hyatt for 24 years, and Martha Reyes, who has six years experience at the company, were both being honored.

 For more:  http://www.nbcbayarea.com/news/local/134174328.html

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by | November 13, 2011 · 8:49 am

Hospitality Inudustry Employement Risks: California Hotel Chain Settles Discrimination Lawsuit With U.S. Equal Employment Opportunity Commission (EEOC) Over Firing Employee With Autism

“…The EEOC’s suit accused the companies of failing to make a reasonable accommodation for the clerk’s disability, discrimination and wrongful termination...”

According to the terms of the settlement, the former clerk will receive $125,000, while San Diego-based Partnership with Industry—the non-profit employment support organization that sent the job coach—will receive $7,500.

The U.S. Equal Employment Opportunity Commission has settled its discrimination lawsuit against a California-based hotel chain for allegedly firing a front desk clerk with autism, the agency announced on Monday.

The hotel chain, Comfort Suites and its parent company, Newport Beach, Calif.-based Tarsadia Hotels, have agreed to pay $132,500 and make several changes to its employment practices and operations, the EEOC said in a statement.

According to the EEOC’s lawsuit, filed in a Los Angeles federal court in September 2010, supervisors at the Comfort Suites Mission Valley Hotel in San Diego denied a former front desk clerk diagnosed with autism access to a job coach that “would have helped the clerk learn to master his job by using autism-specific training techniques,” as well as made repeated disparaging remarks about his condition.

After refusing on several occasions to allow the job coach into the hotel, the supervisors allegedly accused the clerk of mishandling a hotel guest’s packages and fired him.

For more:  http://www.businessinsurance.com/article/20111108/NEWS05/111109871?tags=%7C338%7C309%7C75%7C305%7C339%7C303

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