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You are here: Home / EEOC Discrimination Laws / Some Companies Repeat Mistakes; VERMONT Worker Demoted Following Workplace Injury

Some Companies Repeat Mistakes; VERMONT Worker Demoted Following Workplace Injury

September 24, 2009 By //  by Robert Elliott, J.D. Leave a Comment

It’s ALL About the $$$$$$$$$$$!

Would common sense make you think if an employer ended up paying $62,000 for discrimination against its employees, it would never discriminate again? Well, not so. . .

Arizona Employer Repeats Discriminatory Acts

Even though a Phoenix credit card processing company lost a prior national origin discrimination case brought by EEOC in 2008 for $62,000 the same employer will now pay $415,000 and furnish significant remedial relief to settle a race harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) announced, saying such alleged conduct violates Title VII of the Civil Rights Act of 1964.

The EEOC lawsuit, filed after pre-litigation efforts failed, charges two company supervisors with creating and perpetuating a racially hostile work environment against black employees. The racially hostile workplace allegedly included severe verbal abuse consisting of numerous racial slurs and epithets. The EEOC’s suit was filed on behalf of three African American discrimination victims and a class of nine similarly aggrieved employees.

“For those who may assume racism in the workplace no longer exists, this case and many others like it nationwide tell a far different story,” said EEOC Acting Chairman Stuart Ishimaru. “Unfortunately, race discrimination and harassment are anything but past history in too many contemporary workplaces – more than four decades after passage of Title VII of the landmark Civil Rights Act.” (workersxzcompxzkit)

In addition to the monetary relief, the consent decree provides for extensive remedial relief, including a written apology to the victims on company letterhead; anti-discrimination training; written anti-discrimination policies; discipline of discriminatory conduct and the posting of notices.

VERMONT: Worker Demoted Following Workplace Injury

A Vermont Transportation Agency employee who claimed he was discriminated against and demoted after injuring himself on the job was awarded nearly $500,000 following a jury trial according to WCAX.

The employee suffered a serious workplace injury while collecting garbage, so severely damaging his knee he required an artificial knee replacement. Subsequent to his injury he filed a workers’ compensation claim.

Reportedly, he was demoted to maintenance worker, suffered further aggravation to the knee and filed another work comp claim. (workersxzcompxzkit)

The injured man, an employee for thirty plus years, said he was retaliated against for filing WC claims and the jury agree, ruling Vermont must compensate him $493,000. The worker is currently employed by the state of Vermont as a garage foreman.

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.

We are accepting short articles* (300-800 words) on WC cost containment. Contact us at: Info@WorkersCompKit.com. *Non-compensable.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker and agent about workers’ comp issues.


©2009 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com

Filed Under: EEOC Discrimination Laws, Litigation Management Tagged With: EEOC Discrimination Laws, Legal Issues: Employers & Employees, Workplace Discrimination-All Types

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