Tag Archives: Racial Discrimination

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 | September 7, 2013 · 7:12 am

Hospitality Industry Legal Risks: Oregon Restaurant Sued For “Racial Discrimination”, Retaliation; Claims “Intentional Bias, Visceral Antagonism”

“…The suit says (the plaintiff) reported Counard’s conduct and “visceral antagonism” to other managers…he was suspended based on an Hospitality Industry Discrimination Lawsuitsallegation that he had told a server to rinse and serve a skewer of shrimp that had fallen on the floor…A month later, after an investigation in which Huleis was not interviewed, he was fired…The lawsuit claims Huleis’ treatment was intentional, was part of a pattern of discrimination against minority employees and was done with a reckless disregard for the company’s societal obligations…”

A Eugene man who says he was fired from his job at the Eugene Red Lobster restaurant because he is of Middle Eastern descent has filed a lawsuit against the chain in federal court. Jim Huleis, who came to Eugene in 2011 to help open a Red Lobster outlet near Valley River Center, seeks unspecified damages on claims of racial discrimination and retaliation. He alleges an area manager who disliked that Huleis was Arab singled him out for bad treatment to discredit and ultimately fire him.

The lawsuit asks the court to issue an injunction barring Red Lobster’s parent company, Florida-based GMRI Inc., from discriminating against people based on race or national origin. It also asks for an award compensating Huleis for his economic losses, including his past and future earnings, and for reinstatement to his job.

In addition, the suit asks for compensation for noneconomic damages and punitive damages and for an award covering his legal costs.

“We are a company known for greatly valuing diversity and have zero tolerance for any form of discrimination, so we take any claim like this very seriously,” Bernstein said in an e-mailed statement. “If there are differences between employees and our company during or after employment, the mutual goal is to resolve these issues in a prompt and fair way, and to do that we have a robust dispute resolution process, which includes mediation and arbitration. Mr. Huleis is pursuing this matter through that process.”

According to the suit, Counard immediately treated Huleis different from other managers, giving him inappropriate tasks, minimizing him and barring him from duties he would usually perform.

For more:  http://www.registerguard.com/rg/news/local/30417354-75/huleis-eugene-lobster-red-says.html.csp

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by | September 22, 2012 · 6:04 am

Hospitality Industry Legal Risks: Indiana Hotel Settles "Racial Discrimination Lawsuit" With EEOC For $355,000

The operators of an Indianapolis hotel have agreed to pay $355,000 to settle allegations they underpaid and fired African-American housekeepers because of their race…the settlement will be divided among 75 employees or job applicants.

The U.S. Equal Employment Opportunity Commission announced Friday that it had filed a consent degree in federal court with     Noble Management LLC and New Indianapolis Hotels LLC, which operate the Hampton Inn on Shadeland Avenue on Indianapolis’ north side.

The agency says the companies also retaliated against black employees who complained about racial bias. The EEOC also says the hotel regularly excluded African-American job applicants who were equally or better qualified than the Hispanic applicants it hired as housekeepers.

For more:  http://www.ibj.com/indy-hotel-to-pay–355-000-to-settle-race-lawsuit/PARAMS/article/36844

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by | May 13, 2012 · 6:51 am

Hospitality Industry Legal Risks: Florida Hotel Nightclub Sued For "Racial Discrimination" When Security Guards Refuse To Allow Four Women Inside

Florida civil rights and criminal law attorney David Kubiliun is representing four South Florida women who claim they were not allowed to attend an upscale party the Arkadia Lounge inside Miami Beach’s famous Fountainebleau Hotel because of their race. Kubiliun says a man claiming to be the club’s promoter sent text messages to the women supporting their racial discrimination claims.

Kubiliun claimed it all began when Liz Lopez, Nancy Pierrot, Katuschca Jubuisson and Kat Bing, who are of African-American and Hispanic heritages, said promoter Rodrick Dudley invited them to the nightclub on Saturday, March 17 to celebrate a birthday. Kubiliun said when the group arrived, the club’s doormen would not allow them to enter.

“One security guard told one of the ladies that he didn’t think they were getting in because they are black and they would have to wait,” said Kubiliun. “The women who were well-dressed professionals said they didn’t see any other African-Americans enter the nightclub the entire time the aggravated group stood by in the lobby.”

For more:  http://www.eurweb.com/2012/05/south-florida-women-claim-racial-discrimination-at-fontainebleau-hotel-nightclub/

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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 12, 2012 · 7:32 am

Hospitality Industry Legal Risks: Washington Hotel And Restaurant Sued By Fired Waiter For "Discrimination, Disparate Treatment And Infliction Of Emotional Distress"

“…He contends Matt Stickle, executive chef of the hotel’s Bite restaurant, belittled him in front of customers and co-workers and that the Murano’s managers did nothing to rectify the situation when he complained. Conteh, who immigrated to the United States from Africa, contends he was treated hurtfully and unfairly because he’s black…”

A Pierce County man is suing Tacoma’s Hotel Murano and the executive chef of its high-end restaurant, contending they discriminated against him when he worked there as a waiter. Muhammed Conteh filed his lawsuit last week in Pierce County Superior Court. Conteh seeks unspecified damages for discrimination, disparate treatment and the infliction of emotional distress.

Conteh contends, among other things, that Stickle “continuously harassed plaintiff about his personal smell and would physically smell the plaintiff and embarrass him in front of customers,” according to the suit.

Conteh said he also was punished for using the kitchen telephone and engaging in horseplay with colleagues. White co-workers who engaged in similar behavior were not disciplined, he contends.

Conteh was fired in January after working at the restaurant for eight years. He has been unemployed since, said his lawyer, Thaddeus Martin.

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by | January 11, 2012 · 11:41 am

Hospitality Industry Legal Risks: Pennsylvania Restaurant Franchise Sued For "Racial Discrimination" In Promoting Employees

“…The lawsuit …claims that Panera franchisee Covelli Enterprises discouraged managers from hiring African Americans, and then relegated them to menial, back-of-the-shop roles….”

A Panera Bread franchisee had a policy of keeping “fat, black or ugly” people off of the cash registers and out of management positions, according to a lawsuit filed in federal court today that seeks class action status.

It follows a lawsuit filed in November by a former Panera Bread manager who said he was fired under pretenses after he objected to such policies. Both Mr. Vines and the former manager are represented by attorney Sam Cordes.

Mr. Vines, who is black, worked at Panera at the Galleria in Mt. Lebanon from November 2009 through August 2011, according to the complaint. While he was there, a district manager told a store manager that Sam Covelli, of Covelli Enterprises, might give them both a “death sentence” if he saw Mr. Vines working a cash register, because Mr. Vines was a “that” — code for an African American.

Because Mr. Vines was a good employee, the store manager continued to periodically put him on the cash register, and tried to promote him, the complaint said. He was repeatedly reprimanded, however, and was not allowed to promote Mr. Vines, it said.

Mr. Vines eventually was forced to quit because of the policies, the complaint said. Mr. Cordes said he now works at another restaurant. He seeks actual, compensatory and punitive damages.

Mr. Vines seeks to represent the interests of all African Americans hired at Panera Bread branches owned by Covelli Enterprises, which is based in Warren, Ohio. Mr. Cordes said that the class of plaintiffs does not include overweight or “ugly” people.

Read more: http://www.post-gazette.com/pg/12011/1202770-100.stm#ixzz1jBDYhqK9

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by | December 27, 2011 · 6:56 pm

Hospitality Industry Legal Risks: New York Hotel Found Guilty Of Fostering A "Hostile Environment" For A Black Employee In Racial Discrimination Lawsuit

“…He was the only black employee in that department, the suit said, and several other mechanics and supervisors frequently used a racial epithet when he was around, apparently in an effort to cause him discomfort…The suit contended the hotel’s management at favored white and Hispanic workers over African-Americans…”

On Friday a jury, after issuing a verdict in Mr. MacMillan’s favor, awarded him $125,000 in compensatory damages and $1 million in punitive damages.

Freddrick MacMillan, who has worked at the hotel in various capacities since 1990, sued in Federal District Court in Manhattan in 2009, saying he had been subjected to a hostile environment.

 Mr. MacMillan, who is African-American, said several co-workers habitually referred to him as “boy” and used a racial epithet, and one of them used a noose to hang a doll with a black face from a bulletin board in a supervisor’s office.

For more:  http://cityroom.blogs.nytimes.com/2011/12/16/millennium-hotel-loses-racial-harassment-suit/

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by | November 12, 2011 · 4:06 pm

Hospitality Industry Employee Risks: New York Hotel Sued By Black Employee For Discrimination After "Racist Stunt"

“…A black midtown hotel cook says two co-workers inside of a year have dressed like the Ku Klux Klan and harassed him…(serving) the hotel and three employees with a $35 million discrimination lawsuit over an alleged racist stunt on Oct. 28, 2010…”

In an amended complaint, Jones says painter Ramon Pagan confronted him in the hotel basement wearing a “pure white cone-shaped article on his head.” Pagan said, “Hey, look at me. I am the Ku Klux Klan,” while a hotel manager witnessed the bizarre exchange, according to court papers filed in Manhattan Federal Court.

“[Pagan] laughed in my face and enjoyed what he was doing. And there was a manager right there looking at him and didn’t say a word.” “It was not a painter’s mask he was wearing, it was perfectly shaped like a cone,” he added.

Jones immediately reported what happened to hotel brass who reviewed a surveillance video which captured the scene. Phoebe Knowles, a vice president for the Roger Smith Hotel, said Friday that management acted decisively and canned Pagan. “The employee no longer works here,” Knowles said.

“We have a strict policy against any type of harassing actions, and we respond expeditiously when it comes to our attention.”

Read more: http://www.nydailynews.com/new-york/black-midtown-hotel-cook-co-workers-dressed-ku-klux-klans-harassed-article-1.976420#ixzz1dXRLEHn1

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