Pays $275K Fine in Discrimination Lawsuit
A Baltimore-based supermarket chain, will pay $275,000 and furnish significant remedial relief to settle a class sex discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC’s suit (JFM-08-2570), filed in the U.S. District Court for the District of Maryland, Northern Division, said the chain refused to hire a part-time deli clerk as an apprentice meat cutter at Maryland store because she is a woman.
The supermarket, with 16 grocery stores in the Baltimore metropolitan area, allegedly had an ongoing pattern of failing to hire females as meat cutters and failing to preserve various personnel and employment records in violation of federal law.
“Eliminating an entire gender – half the population – from consideration for a particular type of job makes no sense and clearly violates decades-old federal law,” said EEOC Acting Chairman Stuart Ishimaru. “Let this settlement be a reminder and a warning: The EEOC will hold perpetrators of such anachronistic employment practices accountable for their flagrant flouting of anti-discrimination laws.”
The consent decree settling the case, pending court approval, mandates the individual will receive back pay, compensatory damages and attorney’s fees of $118,000. The decree also provides back pay to other identified female applicants for the position of meat cutter denied hire because of their gender.
Along with the relief paid to the class members, the three-year decree provides for significant remedial relief, including the employer agreeing to:
1. Extend job offers to women denied meat cutter jobs
2. Post a notice to all female applicants and employees denied the job advising them they may be entitled to job offers and to contact the EEOC
3. Submit written reports to EEOC regarding the employment status of eligible claimants
4. Refrain from discriminating on the basis of sex in any way
5. Maintain employment records in compliance with Title VII
6. Develop job descriptions for meat cutter positions
7. Post a non-discrimination notice to employees and applicants
8. Provide anti-discrimination training to all current and all future officers, managers and supervisors. (workersxzcompxzkit)
“We brought this lawsuit to advance everyone’s legal right to a workplace free of gender discrimination and to remind employers they must make employment decisions based on the applicant’s ability to perform the duties of the job rather than on stereotypes,” added EEOC Acting Regional Attorney Debra Lawrence.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: Robert_Elliott@ReduceYourWorkersComp.com or 860-786-8286.
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