EEOC: Racial Discrimination Cases
EEOC Paper
SOC315
May 24, 2012
EEOC Paper
Throughout the history of the United States, there have been few laws or established commissions to protect employees from discrimination and harassment in the workplace. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws with employers who have fifteen (15) employees or more (EEOC, n.d.). According to the EEOC (n.d.) website, the EEOC laws make it illegal to discriminate against a job applicant or an employee based on a person’s race, color, religion, sex (to include pregnancy), national origin, age (40 or older), disability, or genetic information. It is also illegal for a company to discriminate against a person because they complained …show more content…
about or filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the laws, and does so fairly and accurately while assessing the allegations in the charge. They also have the authority to file a lawsuit to protect the rights of individuals and the best interests of the public. The EEOC’s headquarters is located in Washington D.C. with an additional 53 field offices to serve and support every part of the nation (EEOC, n.d.).
Compliance Issue and Ramifications
Findlay Honda is surrounded by controversy following a racial discrimination lawsuit filed by the EEOC.
Findlay Honda and Findlay Automotive Group, Inc. is a car dealership located in Henderson, NV. They were accused of subjecting two (2) black (Sydney Robinson and Jason Grinstead) employees to discrimination, harassment, and retaliation (Green, 2012). The lawsuit filed by the EEOC indicates a parts department manager frequently made racially derogatory comments and jokes, and imposed stricter work-related rules on black employees that non-black employees did not face (EEOC, n.d.). The two black employees were eventually fired; one was fired after communicating he was going to file a discrimination charge against Findlay Honda (EEOC, …show more content…
n.d.).
The EEOC made attempts to reach a pre-litigation settlement through the conciliation process (EEOC, n.d.); however, they did not settle during pre-litigation, and the EEOC filed a lawsuit through Las Vegas Federal Court, claiming Findlay Honda violated Title VII of the Civil Rights Act of 1964 (EEOC, n.d.). In order to resolve the matter, Findlay Honda agreed to enter a consent decree with the EEOC (EEOC, n.d.). Findlay Honda was ordered to pay $150,000 monetary compensation to the victims, and required to hire an outside Equal Employment Opportunity (EEO) consultant (EEOC, n.d.). Findlay Honda was also ordered to distribute their policies and complaint procedures in respect to workplace discrimination, harassment and retaliation, track future complaints, and provide annual EEO training (EEOC, n.d.).
EEOC Functions
The EEOC functions as a commission that ensures federal laws are enforced and makes it illegal to discriminate against a job applicant or employee based on the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic disorder (EEOC, n.d.).
The EEOC investigates charges of discrimination against employers who are covered by the law (EEOC, n.d.). EEOC’s mission is to investigate fairly and accurately assess the allegations to make a finding (EEOC, n.d.). If it is determined that discrimination has occurred the EEOC will try to settle the charge; if unsuccessful, the EEOC has the authority to file a lawsuit in efforts to the rights of individuals and the interests to the public (EEOC, n.d.). EEOC laws apply to all types of work situations including hiring, firing, promotions, harassment, training, wages and benefits (EEOC, n.d.).
EEOC Role in Lawsuit
The EEOC filed a lawsuit on the two individual’s behalf in September 2010 for violation of Title VII of the Civil Rights Act of 1964. The EEOC said it was suing “to correct unlawful employment practices on the basis of race (black) and retaliation and to provide appropriate relief to Sydney Robinson, Jason Grinstead, and similarly-situated employees who were adversely affected by such practices” (Green, 2012). The EEOC provided representation and sought monetary compensation for the victims, while encouraging Findlay Honda to implement proactive measures to ensure
a workplace free of discrimination.
Social Change
This lawsuit promoted social change by providing a basis for companies to follow. Racial discrimination in the workplace is not acceptable and employees are protected by the EEOC from this behavior. Findlay Honda was in the media for this behavior and was ruled against the behavior that led to the lawsuit. Employees are aware of their right to report discrimination and harassment without fear of reprisal by their employers, and employers are encouraged to take preventative measures to combat discrimination (EEOC, n.d.). The EEOC promoted social change by providing employers and employees that this behavior will not be tolerated and there will be consequences for individuals found pursuing in this behavior. Findlay Honda also promoted social change by providing annual equal employment opportunity training and hiring an outside EEO consultant.
Press Release and News Item Comparison
The EEOC press release provided readers with a brief general knowledge of the discrimination lawsuit. The press release also provided a background with basic details, to include the company name, how the employees the EEOC was filing the lawsuit on behalf of were treated, the violation with details, and the desired outcome of the lawsuit. The press release provided the findings of the lawsuit, including what Findlay Honda was required to complete to resolve the matter. The press release was designed to capture the reader’s attention with the title alone, having the company, the outcome, and the type of lawsuit center page with large print. Immediately below the title is a brief description with keynotes to describe the lawsuit.
The local news article is more descriptive. The article draws a reader in with the title and provided the names of the individuals the lawsuit is filed on behalf of. The news article also included comments from both sides of the lawsuit and the attorneys involved. In addition, the article included specific details pertaining to the lawsuit including specific claims the individuals represented by the EEOC are stating. The news article states the company conducted an investigation and found the allegations to be “without merit”.
Strategies to Implement
Senior managers have several strategies they can implement to ensure future compliance and inclusion in a multicultural workplace. A strategy to be implemented is involvement; if employees see senior managers out of their office and talking with fellow employees, they will feel more comfortable and may bring any incidents to senior managers as soon as they occur. Employees may view senior managers as a person and may not fear reprisal. A second strategy is to provide mandatory training; let employees know through training this behavior will not be tolerated. The training can take place annually or biannually depending on the company, but ensure all employees are present and receive the training. This can also be accomplished by providing training to all new hires as part of their orientation. It is one thing for employers to provide the training and tell employees this behavior will not be tolerated, but employers and senior managers must show it is important. Punish employees who discriminate against fellow employees, customers, and management. Punishments should be done in private and professionally. It is important to get the point across that senior management and the company does not tolerate discriminative behavior.
References
EEOC. (n.d.). U.S. Equal Employment Opportunity Commission Overview. Retrieved from http://www.eeoc.gov/eeoc/index.cfm
Green, S. (2012). Las Vegas Sun. Retrieved from http://www.lasvegassun.com/news/2010/sep/30/federal-agency-sues-auto-dealership-over-alleged-r/
SOC315
May 24, 2012
EEOC Paper
Throughout the history of the United States, there have been few laws or established commissions to protect employees from discrimination and harassment in the workplace. The United States Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws with employers who have fifteen (15) employees or more (EEOC, n.d.). According to the EEOC (n.d.) website, the EEOC laws make it illegal to discriminate against a job applicant or an employee based on a person’s race, color, religion, sex (to include pregnancy), national origin, age (40 or older), disability, or genetic information. It is also illegal for a company to discriminate against a person because they complained …show more content…
about or filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The EEOC has the authority to investigate charges of discrimination against employers who are covered by the laws, and does so fairly and accurately while assessing the allegations in the charge. They also have the authority to file a lawsuit to protect the rights of individuals and the best interests of the public. The EEOC’s headquarters is located in Washington D.C. with an additional 53 field offices to serve and support every part of the nation (EEOC, n.d.).
Compliance Issue and Ramifications
Findlay Honda is surrounded by controversy following a racial discrimination lawsuit filed by the EEOC.
Findlay Honda and Findlay Automotive Group, Inc. is a car dealership located in Henderson, NV. They were accused of subjecting two (2) black (Sydney Robinson and Jason Grinstead) employees to discrimination, harassment, and retaliation (Green, 2012). The lawsuit filed by the EEOC indicates a parts department manager frequently made racially derogatory comments and jokes, and imposed stricter work-related rules on black employees that non-black employees did not face (EEOC, n.d.). The two black employees were eventually fired; one was fired after communicating he was going to file a discrimination charge against Findlay Honda (EEOC, …show more content…
n.d.).
The EEOC made attempts to reach a pre-litigation settlement through the conciliation process (EEOC, n.d.); however, they did not settle during pre-litigation, and the EEOC filed a lawsuit through Las Vegas Federal Court, claiming Findlay Honda violated Title VII of the Civil Rights Act of 1964 (EEOC, n.d.). In order to resolve the matter, Findlay Honda agreed to enter a consent decree with the EEOC (EEOC, n.d.). Findlay Honda was ordered to pay $150,000 monetary compensation to the victims, and required to hire an outside Equal Employment Opportunity (EEO) consultant (EEOC, n.d.). Findlay Honda was also ordered to distribute their policies and complaint procedures in respect to workplace discrimination, harassment and retaliation, track future complaints, and provide annual EEO training (EEOC, n.d.).
EEOC Functions
The EEOC functions as a commission that ensures federal laws are enforced and makes it illegal to discriminate against a job applicant or employee based on the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability, or genetic disorder (EEOC, n.d.).
The EEOC investigates charges of discrimination against employers who are covered by the law (EEOC, n.d.). EEOC’s mission is to investigate fairly and accurately assess the allegations to make a finding (EEOC, n.d.). If it is determined that discrimination has occurred the EEOC will try to settle the charge; if unsuccessful, the EEOC has the authority to file a lawsuit in efforts to the rights of individuals and the interests to the public (EEOC, n.d.). EEOC laws apply to all types of work situations including hiring, firing, promotions, harassment, training, wages and benefits (EEOC, n.d.).
EEOC Role in Lawsuit
The EEOC filed a lawsuit on the two individual’s behalf in September 2010 for violation of Title VII of the Civil Rights Act of 1964. The EEOC said it was suing “to correct unlawful employment practices on the basis of race (black) and retaliation and to provide appropriate relief to Sydney Robinson, Jason Grinstead, and similarly-situated employees who were adversely affected by such practices” (Green, 2012). The EEOC provided representation and sought monetary compensation for the victims, while encouraging Findlay Honda to implement proactive measures to ensure
a workplace free of discrimination.
Social Change
This lawsuit promoted social change by providing a basis for companies to follow. Racial discrimination in the workplace is not acceptable and employees are protected by the EEOC from this behavior. Findlay Honda was in the media for this behavior and was ruled against the behavior that led to the lawsuit. Employees are aware of their right to report discrimination and harassment without fear of reprisal by their employers, and employers are encouraged to take preventative measures to combat discrimination (EEOC, n.d.). The EEOC promoted social change by providing employers and employees that this behavior will not be tolerated and there will be consequences for individuals found pursuing in this behavior. Findlay Honda also promoted social change by providing annual equal employment opportunity training and hiring an outside EEO consultant.
Press Release and News Item Comparison
The EEOC press release provided readers with a brief general knowledge of the discrimination lawsuit. The press release also provided a background with basic details, to include the company name, how the employees the EEOC was filing the lawsuit on behalf of were treated, the violation with details, and the desired outcome of the lawsuit. The press release provided the findings of the lawsuit, including what Findlay Honda was required to complete to resolve the matter. The press release was designed to capture the reader’s attention with the title alone, having the company, the outcome, and the type of lawsuit center page with large print. Immediately below the title is a brief description with keynotes to describe the lawsuit.
The local news article is more descriptive. The article draws a reader in with the title and provided the names of the individuals the lawsuit is filed on behalf of. The news article also included comments from both sides of the lawsuit and the attorneys involved. In addition, the article included specific details pertaining to the lawsuit including specific claims the individuals represented by the EEOC are stating. The news article states the company conducted an investigation and found the allegations to be “without merit”.
Strategies to Implement
Senior managers have several strategies they can implement to ensure future compliance and inclusion in a multicultural workplace. A strategy to be implemented is involvement; if employees see senior managers out of their office and talking with fellow employees, they will feel more comfortable and may bring any incidents to senior managers as soon as they occur. Employees may view senior managers as a person and may not fear reprisal. A second strategy is to provide mandatory training; let employees know through training this behavior will not be tolerated. The training can take place annually or biannually depending on the company, but ensure all employees are present and receive the training. This can also be accomplished by providing training to all new hires as part of their orientation. It is one thing for employers to provide the training and tell employees this behavior will not be tolerated, but employers and senior managers must show it is important. Punish employees who discriminate against fellow employees, customers, and management. Punishments should be done in private and professionally. It is important to get the point across that senior management and the company does not tolerate discriminative behavior.
References
EEOC. (n.d.). U.S. Equal Employment Opportunity Commission Overview. Retrieved from http://www.eeoc.gov/eeoc/index.cfm
Green, S. (2012). Las Vegas Sun. Retrieved from http://www.lasvegassun.com/news/2010/sep/30/federal-agency-sues-auto-dealership-over-alleged-r/