EEOC The Work Environment……..it could become hostile

Bci Bottling Co. To Pay $250,000 To Black Worker For Race Discrimination

The EEOC settled a race discrimination lawsuit against BCI Coca-Cola Bottling Company on behalf of an African American former worker in Albuquerque, New Mexico. The EEOC had charged BCI with committing race discrimination against the Black merchandiser when a supervisor fired him in 2001 for not working his scheduled day off. The employee had called in sick and provided medical documentation to the supervisor. Also, EEOC found that the supervisor made racist remarks about Blacks generally. During the legal process, the U.S. Court of Appeals for the 10th Circuit established "Subordinate Bias" theory. Under this legal doctrine an employer may be liable for the discrimination when it relies on comments from a biased subordinate supervisor when taking an adverse employment action against an employee. In addition to the $250,000 provided to the employee, the two-year consent decree contains significant injunctive relief which applies to BCI and its managing agents at the Albuquerque facility.

A Durango, Colorado, McDonalds restaurant franchise will pay $505,000 and provide significant relief to settle a sexual harassment lawsuit brought by the EEOC on behalf of young female employees, including teens. The EEOC's lawsuit charged that a class of females, many of whom were 15 to 17 years old, were subjected to egregious sexual harassment in the workplace by their male supervisor. These young female employees were subjected to such conduct by the supervisor such as grabbing their buttocks and making numerous sexual comments as well as offers of favors in exchange for sex. This conduct violates Title VII of the Civil Rights Act of 1964. This franchise will pay a total of $505,000 to the four female employees and also provide other non-monetary relief such as an apology to the victims and training for managers.