четверг, 27 декабря 2012 г.

In a complaint filed Sept. 30, 2011, EEOC alleged that “Hispanic employees at DHL’s Dallas warehouse


The Equal Employment Opportunity playa del carmen mexico hotels Commission playa del carmen mexico hotels has announced that two companies doing business as DHL Global Forwarding, Air Express International, playa del carmen mexico hotels USA, Inc. and Danzas Corp., have settled a federal lawsuit brought on behalf of employees at DHL's Dallas warehouse.
The companies have agreed to "pay $201,000 to nine employees and provide other significant relief to settle a national origin hostile playa del carmen mexico hotels environment lawsuit" brought by the federal agency, playa del carmen mexico hotels the EEOC said in a Monday playa del carmen mexico hotels release.
"Although the Company denies any and all allegations of wrongdoing, a business decision playa del carmen mexico hotels was made to settle this matter in lieu of an increasingly drawn out and expensive legal battle. The Company has and continues to be committed to providing a workplace that is free from discrimination, harassment, or retaliation of any kind.
"We are disappointed in the EEOC's one-sided description of the evidence and other facts relating to this matter. Further, a significant percentage of the settlement proceeds was for payment of attorney fees and none of the amount was payment for any fine."
In a complaint filed Sept. 30, 2011, EEOC alleged that "Hispanic employees at DHL's Dallas warehouse were constantly subjected to taunts and derogatory names such as 'wetback,' 'beaner,' 'stupid Mexican' and 'Puerto Rican b h.'"
The employees, which included people of Mexican, Salvadoran and Puerto Rican heritage, "were often ridiculed by DHL personnel with demeaning slurs which included referring to the Salvadoran worker as a 'salvatrucha,' a term referring to a gangster," playa del carmen mexico hotels the EEOC said. It added:
"Other workers were identified with derogatory stereotypes by being told they should be outside the facility 'mowing playa del carmen mexico hotels the grass' or that their 'homies' were on a television show about prison. The EEOC further asserts that company supervisors made harsh admonitions to bilingual employees playa del carmen mexico hotels about use of their Spanish language on the job. The agency asserts that these admonitions were motivated by prejudice, unnecessary and unrelated to the effective performance of the job duties."
This is an action under Title VII of the Civil Rights Act of 1964 to correct unlawful employment practices and to make whole Charging Parties Oscar R. Guajardo, Cesar Moran, Troy Petty, Santiago Salguero-Jimenez, Buimaro Victoria, playa del carmen mexico hotels Carlos Villanueva, Jose Zamora and similarly situated aggrieved individuals, Fausto Najera, and Oscar Martinez who were adversely affected by such practices. The Commission alleges that the Defendant, Air Express International, USA, Inc. and Danzas Corporation d/b/a DHL Global Forwarding (hereafter, "DHL Global Forwarding" or "Defendant")discriminated against Oscar R. Guajardo, playa del carmen mexico hotels Cesar Moran, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, and Oscar Martinez by subjecting them to harassment which created a hostile work environment because of their national origin, Hispanic. The Commission also alleges that the
Defendant, DHL Global Forwarding subjected Oscar R. Guajardo, Cesar Moran, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, playa del carmen mexico hotels Jose Zamora, Fausto Najera, and Oscar Martinez to different terms and conditions of employment because of their national origin. The Commission further alleges that Defendant, DHL Global Forwarding discriminated against Charging Troy Petty by terminating his employment in retaliation for having opposed what he reasonably playa del carmen mexico hotels believed to be unlawful discriminatory employment practices..
6. More than thirty days prior to the institution of this lawsuit, playa del carmen mexico hotels Charging playa del carmen mexico hotels Parties Oscar R. Guajardo, playa del carmen mexico hotels Cesar Moran, Troy Petty, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, and Jose Zamora filed a charge with the Commission alleging violations of Title VII by the Defendant. All conditions precedent to the institution of this lawsuit have been fulfilled.
7. During playa del carmen mexico hotels the employment of Oscar R. Guajardo, Cesar Moran, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, and Oscar Martinez at the DHL Global's Dallas, Texas facility, Defendant subjected the workers to unwelcome and offensive national origin harassment in violation of Section 703(a)(1) of Title VII, 42 U.S.C. Section 2000e-2. The hostile environment created and condoned by the Defendant included , but is not limited to the following:
a. Hispanic employees were referred to with ethnic derogatory terms and epithets such as: "wetbacks", "beaners," playa del carmen mexico hotels "taco bender", "salvatrucha" (the name for a Salvadoran gangster), "stupid Mexicans" and "Puerto Rican bitch" They were also addressed or referred to by their country of origin with profane and offensive descriptors.
b. Hispanic employees were subjected to derogatory stereotyping when insults were made such as: that that they should be outside "mowing the grass" and that their "homies" had been seen on television shows about prison. They were subjected to other references identifying them with gangsters, smugglers and criminals.
c. Despite complaints about discriminatory conduct to supervisory playa del carmen mexico hotels and management personnel, the Defendant failed or refused to take prompt and effective remedial action to prevent playa del carmen mexico hotels or correct the harassment.
8. During the employment of Oscar R. Guajardo, Cesar Moran, playa del carmen mexico hotels Santiago Salguero-Jimenez, playa del carmen mexico hotels Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, playa del carmen mexico hotels and Oscar Martinez, Defendant subjected them to different terms and conditions of employment because playa del carmen mexico hotels of their national playa del carmen mexico hotels origin. Disparate terms and conditions of employment to which the Hispanic playa del carmen mexico hotels employees playa del carmen mexico hotels were subjected playa del carmen mexico hotels include, but are not limited to, job assignments, work loads, and an unnecessary language prohibition.
9. During the employment of Charging Party Troy Petty, the Defendant has engaged in unlawful playa del carmen mexico hotels employment practices in violation of Section 704(a) of Title VII, 42 U.S.C. § 2000e-3. Specifically, Troy Petty was terminated in retaliation for opposing what he reasonably believed to be unlawful employment practices based on the national playa del carmen mexico hotels origin of the employees and for participating in the process of reporting the discriminatory treatment playa del carmen mexico hotels of Hispanic employees to Defendant's management officials.
10. The effect of the practices complained of above in paragraphs 7, 8 and 9, has been to deprive Oscar R. Guajardo, Cesar Moran, Troy Petty, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, and Oscar Martinez of equal employment opportunities and otherwise adversely affect playa del carmen mexico hotels their status as employees.
10. The unlawful employment practices complained of in paragraphs 7, 8 and 9, above, were done with malice or reckless indifference to the federally protected rights of Oscar R. Guajardo, Cesar Moran, Troy Petty, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, and Oscar Martinez.
A. Grant a permanent injunction enjoining the Defendant, DHL Global Forwarding, its officers, successors, assigns, and all persons in active concert or participation with it, and from engaging in any employment practice which discriminates playa del carmen mexico hotels on the basis of national origin playa del carmen mexico hotels in violation playa del carmen mexico hotels of Title VII.
B. Order the Defendant to institute and carry out policies, practices, and programs which provide equal employment opportunities for Oscar R. Guajardo, Cesar Moran, Troy Petty, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, and Oscar Martinez, and which eradicate the effects playa del carmen mexico hotels of its past and present unlawful employment practices.
C. Order the Defendant to make whole Oscar R. Guajardo, Cesar Moran, Troy Petty, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, and Oscar Martinez by providing compensation for past and future non-pecuniary losses resulting from the unlawful practices complained of in paragraphs 7, 8 and 9 above, including but not limited to, emotional pain, suffering, inconvenience, loss of enjoyment of life and humiliation, in amounts to be determined at trial.
D. Order the Defendant to make whole Oscar R. Guajardo, Cesar Moran, Troy Petty, Santiago Salguero-Jimenez, Buimaro Victoria, Carlos Villanueva, Jose Zamora, Fausto Najera, and Oscar Martinez by providing compensation for past and future pecuniary losses resulting from the unlawful playa del carmen mexico hotels practices complained of in paragraphs 7, 8 and 9, above, in amounts to be determined at trial.
E. Order the Defendant to make whole Troy Petty by providing appropriate back pay with prejudgment interest, in amounts to be proved at trial, and other affirmative relief necessary to eradicate the effects of its unlawful practices, including but not limited to front pay in lieu thereof.
3. Defendants and their officers, successors, and assigns are permanently enjoined from: a) discriminating against any employee playa del carmen mexico hotels on the basis of national origin; b) harassing any employee on the basis of national origin; playa del carmen mexico hotels and c) retaliating in any way against any person because of opposition playa del carmen mexico hotels to any practice declared unlawful under Title VII or because of the filing of a charge, giving testimony, or assisting or participating in any manner in any investigation, proceeding playa del carmen mexico hotels or hearing under Title VII.
4. Defendants agree to post the English and Spanish Notices appended hereto as Attachment "A" and Adjunto "B" on the employee playa del carmen mexico hotels bulletin board at its office and warehouse playa del carmen mexico hotels located at 2580 Esters Blvd., Irving, Texas, 76051 within ten (10) days after the entry of this Consent Decree. Defendants will report to the EEOC that it has complied with this requirement within thirty (30) days after posting the notice.
5. For each year that this Consent Decree is in effect, Defendants agrees to conduct annual training for all employees of Defendants' DFW facility, located at 2580 Esters Blvd., Irving, Texas, 76051 (including all human resources, supervisory, and managerial staff who have responsibilities over Defendants' employees), advising them of the requirements playa del carmen mexico hotels and prohibitions of Title VII of the Civil Rights Act of 1964. This t

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