Company to Pay $100K in Harassment Case

The U.S. Equal Employment Opportunity Commission (EEOC) announced on July 11th, 2022, that a company that operates an Applebee’s restaurant in Plant City, Florida, will pay $100,000 in a sex and race discrimination lawsuit. The lawsuit alleged that the employer subjected a black employee to derogatory remarks, ultimately retaliating against him for complaining. The EEOC will continue to pursue employers that violate federal laws prohibiting sex and race discrimination, as well as that of other protected classes. Earlier this month, the EEOC ordered a Michigan company to pay $175,000 in a sexual harassment and retaliation lawsuit.

Allegations of Sex and Race Discrimination

According to the EEOC’s sex and race discrimination lawsuit, two staff members at the Plant City location verbally harassed a black employee. In brief, the staff members regularly subjected him to racial and homophobic speech. Additionally, one of the harassers wore Confederate flag paraphernalia while working at the location. The employee complained to management as the harassment took place. However, the employer took no action to end the harassment. The employee then contacted the company operating the location, Neighborhood Restaurant Partners Florida, LLC. Subsequently, the employer reduced the employee’s scheduled hours, forcing him to quit.

Title VII of the Civil Rights Act of 1964

Federal law under Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), and national origin. Title VII considers harassment a type of discrimination against these protected classes. Markedly, harassment is illegal when:

1. Enduring the harassment becomes a condition of continued employment, and
2. It is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

In addition, the law requires employers to reasonably try to prevent and correct the behavior. Finally, Title VII also protects employees who object to discrimination from retaliation, or any adverse employment action against an employee exercising their rights.

Settling the Sex and Race Discrimination Lawsuit

The EEOC brought its sex and race discrimination lawsuit, EEOC v. Neighborhood Restaurant Partners Florida, LLC, to the U.S. District Court for the Middle District of Florida. Ultimately, the court issued a three-year consent decree in the case. The consent decree requires the company to pay $100,000 in monetary relief. In addition, the company must:

• provide specialized training on sexual orientation and race discrimination to human resource personnel and managers, covering federal obligations to prevent discrimination and reasonably address complaints, and
• appoint an internal consent decree monitor to review sex- and race-based harassment complaints.

Finally, the internal monitor will provide the EEOC with reports of such complaints and any employer actions in response to those grievances.