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Employer settles claims that it refused to promote Black employee, fired her after bias complaint
Employer settles claims that it refused to promote Black employee, fired her after bias complaint

Yahoo

time5 days ago

  • Business
  • Yahoo

Employer settles claims that it refused to promote Black employee, fired her after bias complaint

This story was originally published on HR Dive. To receive daily news and insights, subscribe to our free daily HR Dive newsletter. Dive Brief: A Maryland retirement community will pay $85,000 to settle U.S. Equal Employment Opportunity Commission claims that it refused to promote a Black manager and subsequently fired her when she complained of discrimination, EEOC said in a press release Tuesday. Per the 2024 complaint, the plaintiff sought promotion to a vice president or executive director position, but was told that she was ineligible because she lacked a bachelor's degree. She alleged Westminster Ingleside King Farm Presbyterian Retirement Communities nonetheless employed a White employee who lacked a bachelor's degree as its VP of HR and promoted another White employee with the same job title as the plaintiff to an executive director role. The plaintiff later received a bachelor's degree, but EEOC claimed her supervisor ignored the plaintiff's promotion request. It also alleged she received a 'false' written warning from HR, after which the plaintiff expressed a desire to file a race discrimination charge. She was terminated shortly afterward. EEOC alleged violations of federal laws including Title VII of the 1964 Civil Rights Act. As part of its consent decree with EEOC, the employer did not admit wrongdoing. Dive Insight: The EEOC noted that retaliation — such as that alleged in the Westminster Ingleside lawsuit — is unlawful irrespective of the validity of an employee's claims. Such complaints 'can be early warning signs for employers,' Debra Lawrence, regional attorney at EEOC, said in the press release. 'What employers should never do is treat complaints as the problem or take adverse action against the complainant.' According to agency enforcement guidance, employers may not retaliate against employees for opposing unlawful equal employment opportunity practices. This opposition may include actions such as complaining or threatening to complain about alleged discrimination against oneself or others. Retaliation has formed the basis of previous EEOC settlements with employers, including a 2024 agreement between the agency and an employer that it alleged retaliated against three employees — including an HR manager — for raising concerns about discriminatory workplace treatment. Employers should swiftly and thoroughly investigate employee complaints — with the assistance of an external investigator if necessary, an employment law attorney wrote in an op-ed to HR Dive in March.

Hispanic officers allege mistreatment in Miami Gardens, call for chief's removal
Hispanic officers allege mistreatment in Miami Gardens, call for chief's removal

Miami Herald

time7 days ago

  • Miami Herald

Hispanic officers allege mistreatment in Miami Gardens, call for chief's removal

Five Hispanic male police officers have notified Miami Gardens that they intend to file a class-action whistleblower lawsuit claiming they were the targets of racial discrimination. The Miami Gardens officers — who said they were suspended or demoted after filing complaints of unfair treatment with the city — have also demanded the termination of Police Chief Delma Noel-Pratt, named the city's first female Black chief in the largest Black majority city in Florida in 2017. 'The current police chief is out of control in terms of the mistreatment and abuse of officers, in particular Hispanic officers and officers who complain about wrongdoing,' Attorney Michael Pizzi said from a conference room at his Miami Lakes law office Wednesday, four of the five officers at his side. Miami Gardens police officers Juan Gonzalez, Christian Vega, Francisco Mejido, Rudy Hernandez and Sgt. Pedro Valdes all said they were retaliated against by command staff after questioning promotions, discipline and how rules are enforced internally. Federal complaint filed The officers have already filed a complaint with the Florida Commission on Human Relations and U.S. Equal Employment Opportunity Commission. Under federal law, the EEOC has up to 180 days to conduct an investigation into claims of discrimination or it must issue a notice of right to sue, allowing the officers to seek damages through a lawsuit. A whistleblower lawsuit can be filed in 30 days after giving the city notice. Sgt. Valdes claims he was relieved of duty for six months, forced to sit home 10 hours a day with pay — without any type of explanation. 'I was told, go home. No cause,' Valdes said. 'It's demoralizing because I have family members, including my wife, who's a police officer there. To play with our emotions and mental state for no reason — it's not right.' Miami Gardens Police executive officer Emmanuel Jeanty wouldn't go into detail about the reasons Valdes was relieved of duty, but said it was 'false' that the officer wasn't given a reason. 'He was informed and signed paperwork,' Jeanty said. The city did not comment on the officers' accusations when asked Wednesday. The police department, however, stood behind its decisions involving them. 'As the chief of police, I have every right to make the transfers or demotions that I see fit,' Noel-Pratt said. Miami Gardens, with a population of 110,000, is 71% Black and 26% Hispanic, according to the city's website. The police department's officers, in comparison, are 48% Black and 36% Hispanic as of 2024, according to data from the Florida Department of Law Enforcement. Claims of demotions, harassment, abuse The officers claimed the targeted harassment campaign by the department left them with severe mental and emotional stress, even PTSD. Pizzi noted that some of the officers who served in the U.S. military were shocked and appalled that interactions with fellow officers were where they experienced trauma, not on the battlefield or on the streets fighting crime. Valdes, a 17-year Miami Gardens police veteran, said he was relieved of duty for six months without explanation and was only recently reinstated last week. Valdes said he had led a violent crime unit credited with reducing crime by 14%, only to be abruptly removed and reassigned. He also alleged that the department has systematically replaced experienced Hispanic and white officers with younger Black officers. Officer Francisco Mejido, a 13-year Miami Gardens police veteran, said his K-9 partner was taken away and he was removed from the unit after a minor body camera violation — even though his replacement had the same infraction. 'I had to break that news to my two young kids, to my wife,' Mejido said. 'Ever since then, the agency has come after me with multiple forms of discipline.' He also spoke of a broader issue of inconsistent disciplinary practices and favoritism within the department. Officer Juan Gonzalez, a 12-year Miami Gardens police veteran, described being reprimanded for speaking to other Hispanic officers at a crime scene. 'I was scolded for talking to Hispanic officers on scene,' Gonzalez said. 'I was followed by my supervisor in a threatening manner, in a hostile fighting position, with both fists clenched.' Gonzalez said he was demoted and removed from a federal task force assignment, resulting in a loss of income. The officers say their complaints to internal affairs, the city manager and human resources have been ignored. Now, they're turning to the courts. 'They've all stood up and complained,' Pizzi said. 'And they've all been targeted as a result of their complaints.' Miami Herald staff writer Devoun Cetoute contributed to this report.

Utah Bath & Body Works manager says she was fired over company's pronoun policy
Utah Bath & Body Works manager says she was fired over company's pronoun policy

New York Post

time09-07-2025

  • Business
  • New York Post

Utah Bath & Body Works manager says she was fired over company's pronoun policy

A former Bath & Body Works store manager in Layton, Utah, said she was fired after refusing to address a transgender employee by their preferred pronouns. Jocelyn Boden filed a charge of discrimination last week with the U.S. Equal Employment Opportunity Commission after she was terminated in May from the company she had worked at for three and a half years. Boden, a 'devout member of the Church of Jesus Christ of Latter-day Saints,' said in her charge that she was 'chastised and alienated' by co-workers after she was unwilling to address a new transgender employee by their preferred pronouns. Boden said she addressed the biological female co-worker, who identified as male, by their chosen name, but because of her religious convictions, could not address the co-worker by male pronouns. Advertisement 4 A Bath & Body Works manager in Utah was fired after refusing to use a transgender employee's preferred pronouns Getty Images 'Ultimately, team members complained about Ms. Boden's religiously motivated decision to the human resources department,' the filing states. 'This complaint led to an interrogation into Ms. Boden's use of pronouns. Ms. Boden indicated her religious objection to Bath & Body Works' pronoun policy, including during a discussion with her district manager just two days before the district manager terminated Ms. Boden's employment.' Boden was promptly fired after these complaints were filed, without warning and in violation of the company's discipline policy, according to the filing. 4 Boden filed a discrimination charge with the U.S. Equal Employment Opportunity Commission after she was terminated Christopher Sadowski Advertisement A Bath & Body Works spokesperson told Fox News Digital, 'Bath & Body Works complies with all laws concerning employment practices. As an equal opportunity employer, we do not discriminate in our management of our associates on the basis of any protected status.' According to documents in the filing, the company discharged Boden for violating their code of conduct, 'which prohibits any unwanted conduct directed at an individual based on their sex, which includes sexual orientation, gender identity, gender expression or transgender status.' 'Jocelyn admitted to this behavior and shared with multiple parties that she refused to use correct pronouns. As a result of this investigation, and her admittance, we are making the decision to part ways and end their employment effective immediately,' her alleged termination notice states. Advertisement 4 According to the filling, the company discharged Boden for violating their code of conduct Christopher Sadowski The discrimination charge was filed by Texas-based legal group, First Liberty, a group that fights religious liberty cases. First Liberty claims Bath & Body Works' conduct violated Boden's religious rights under Title VII, which prohibits employment discrimination based on protected characteristics such as race and sex. It also alleged the company violated the Utah Anti-discrimination Act when it 'retaliated' against Boden for expressing her religious beliefs, failed to grant her a religious accommodation, perpetuated a 'hostile work environment' and 'wrongfully' terminated her employment. 4 The discrimination charge was filed by Texas-based legal group, First Liberty, a group that fights similar religious liberty cases Getty Images Advertisement 'I believe that using pronouns out of line with this understanding of gender is dishonest,' Boden said in the filing to the EEOC. 'My convictions do not allow me to lie by affirming a reality I believe is false. Therefore, I cannot refer to a female using male pronouns.' Most workplace discrimination claims have to be processed through the EEOC before they can be resolved in court, Stephanie Taub, senior counsel for First Liberty, told CBN News. The EEOC told Fox News Digital it was prohibited by law from commenting on alleged charges filed. Bath & Body Works LLC received a 100% score on providing an inclusive workplace by the Human Rights Campaign in 2025 and was named a leader in LGBTQ+ workplace inclusion.

Strip resort will pay six-figure settlement in religious discrimination, retaliation lawsuit
Strip resort will pay six-figure settlement in religious discrimination, retaliation lawsuit

Miami Herald

time08-07-2025

  • Business
  • Miami Herald

Strip resort will pay six-figure settlement in religious discrimination, retaliation lawsuit

LAS VEGAS - A megaresort on the Strip agreed to pay a six-figure sum to settle a religious discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission. The Venetian hotel-casino will pay $850,000 and implement "significant policy changes" via a three-year consent decree to settle the suit, the EEOC said in a news release. The federal agency said The Venetian Resort Las Vegas violated Title VII of the Civil Rights Act of 1964 by "refusing to accommodate the sincerely held religious beliefs of a class of employees" and allegedly "retaliated against employees who opposed these acts of religious discrimination." According to the EEOC lawsuit, "in some cases denial of accommodation led to discipline, denial of promotion opportunities and discharge or constructive discharge." "We are aware of the lawsuit filed by the U.S. Equal Employment Opportunity Commission. The complaint was procedural in nature as the parties have already reached a voluntary resolution in the matter, with no admission of liability or wrongdoing," a Venetian spokesperson said Thursday. Anna Park, regional attorney for the EEOC's Los Angeles District, whose jurisdiction includes Las Vegas, commended The Venetian for "their cooperation in the early resolution of this lawsuit and agreeing to implement proactive measures to ensure religious accommodation requests are handled more effectively." "The law protects the rights of workers in our pluralistic society to live out their various faiths in the workplace," said EEOC Acting Chair Andrea Lucas. "As this case shows, reasonable accommodation might look like, among other things, allowing certain days off for Sabbatarians or Buddhists and allowing beards for Orthodox Christians. It also means not punishing anyone who speaks out in favor of these rights." The Venetian will pay the six-figure sum as well as provide additional training for employees, managers and supervisors on employee rights and the obligations of employers when it comes to religious accommodations under Title VII. The decree also requires The Venetian to hire an independent third party to help review and update its religious accommodation policies and complaint procedures, and to keep track of whether the company is following the rules during the 36 months the decree is in effect. The Venetian is owned by VICI Properties Inc., a real estate investment trust, and operated by Apollo Global Management Inc., a New York City-based investment firm. Apollo and VICI purchased The Venetian, the Palazzo hotel-casino and The Venetian Expo for $6.25 billion in 2022 from the Las Vegas Sands Corp. The charges of discrimination and retaliation that prompted the EEOC lawsuit were filed with the agency prior to the 2022 sale. The settlement amount is being paid by the current operators of The Venetian. The aggrieved employees who filed complaints with the EEOC belonged to diverse faiths, including but not limited to, Orthodox Christianity, Catholicism, Judaism, Jehovah's Witnesses, and Buddhism, according to the lawsuit. The EEOC filed its lawsuit in June in U.S. District Court for the District of Nevada "following a lengthy voluntary pre-litigation mediation process after a resolution could not be achieved through the agency's conciliation process," the release said. ___ Copyright (C) 2025, Tribune Content Agency, LLC. Portions copyrighted by the respective providers.

A judge resisted Trump's order on gender identity. The EEOC just fired her
A judge resisted Trump's order on gender identity. The EEOC just fired her

NBC News

time26-06-2025

  • Politics
  • NBC News

A judge resisted Trump's order on gender identity. The EEOC just fired her

The federal agency charged with protecting workers' civil rights has terminated a New York administrative judge who opposed White House directives, including President Donald Trump's executive order decreeing male and female as two "immutable" sexes. In February, Administrative Judge Karen Ortiz, who worked in the U.S. Equal Employment Opportunity Commission's New York office, called Trump's order "unethical" and criticized Acting Chair Andrea Lucas — Trump's pick to lead the agency — for complying with it by pausing work on legal cases involving discrimination claims from transgender workers. In an email copied to more than 1,000 colleagues, Ortiz pressed Lucas to resign. Ortiz was fired on Tuesday after being placed on administrative leave last month. The EEOC declined Wednesday to comment on the termination, saying it does not comment on personnel matters. In response to the president's order declaring two unchangeable sexes, the EEOC moved to drop at least seven of its pending legal cases on behalf of transgender workers who filed discrimination complaints. The agency, which enforces U.S. workplace anti-discrimination laws, also is classifying all new gender identity-related cases as its lowest priority. The actions signaled a major departure from the EEOC's prior interpretation of civil rights law. In her mass February email criticizing the agency's efforts to comply with Trump's order, Ortiz told Lucas, "You are not fit to be our chair much less hold a license to practice law." The letter was leaked on Reddit, where it gained more than 10,000 "upvotes." Many users cheered its author. The EEOC subsequently revoked her email privileges for about a week and issued her a written reprimand for "discourteous conduct." Ortiz said she continued to "raise the alarm" about the agency's treatment of transgender and gender-nonconforming complainants, and convey her opposition to the agency's actions. She sent an April 24 email to Lucas and several other internal email groups with the subject line, "If You're Seeking Power, Here's Power" and a link to Tears for Fears' 1985 hit "Everybody Wants to Rule the World." She contested her proposed termination earlier this month, arguing in a document submitted by a union representative that she was adhering to her oath of office by calling out behavior she believes is illegal. Ortiz "views the Agency's actions regarding LGBTQIA+ complainants to have made the EEOC a hostile environment for LGBTQIA+ workers," and believes that leadership has "abandoned the EEOC's core mission," the document says. The judge was hired to work at the EEOC during the first Trump administration, and while she disagreed with some policies then, "she did not take any action because there was no ostensible illegality which compelled her to do so," the document stated. "What is happening under the current administration is unprecedented." The letter requested the withdrawal of Ortiz's proposed termination, the removal of all disciplinary documents from her personnel file, and that Ortiz be allowed "to continue doing her job." The six-page termination notice came anyway. In it, Chief Administrative Judge Regina Stephens called Ortiz' actions "distasteful and unprofessional," and concluded that Ortiz's "work performance is affected" by her disagreements with the current executive orders and direction of EEOC leadership. The notice also alleged that media circulation of Ortiz's emails had "affected the reputation and credibility of the Agency." It cited an Associated Press article that quoted Ortiz saying she stood by her email statements as evidence that her behavior would not change with "rehabilitation." In a Wednesday phone interview with The Associated Press, Ortiz said the news of her termination is "very sad," although not surprising. "I think the agency has now become something that, I don't know if I'd even really want to work there anymore. They've lost their way," she said. Lucas defended her decision to drop lawsuits on behalf of transgender workers during her confirmation hearing before a Senate committee last week. She acknowledged that transgender workers are protected under civil rights laws but said her agency is not independent and must comply with presidential orders. Ortiz said she traveled from New York to Washington "on my own dime, on my own time" to attend the hearing. "I needed to be there," she said, adding that she left thank-you notes for Senators who "put Andrea Lucas' feet to the fire." Ortiz said she isn't sure what comes next for her, only that it will involve fighting for civil rights. And in the short-term, picking up more volunteer dog walking shifts. "I will keep fighting for the LGBTQ community in whatever way I can," she told AP. She added: "It takes courage to take a stand, and be willing to be fired, and lose a six-figure job, and health insurance, and the prestige of the title of 'judge,' but I think it'll also serve an example to future lawyers and young lawyers out there that a job title isn't everything, and it's more important to stay true to your values."

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