Former Employees Settle Race Discrimination and Retaliation Lawsuit in Arkansas

PRESS RELEASE
4-18-12

Little Rock Real Estate Company Settles EEOC Race Discrimination and Retaliation Suit

Bankers Asset Management Will Pay $600,000 for Excluding Blacks for Jobs and Punishing Employees for Complaining About Bias

LITTLE ROCK, Ark. – Bankers Asset Management, Inc., a real estate company in Little Rock, will pay $600,000 to former employees and a class of applicants to settle a race discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity (EEOC), the agency announced today.
The EEOC’s suit, Civil Action No. 4:10-CV-002070-SWW, filed in U.S. District Court for the Eastern District of Arkansas, Western Division, alleged that the company excluded black applicants for jobs at the company’s Little Rock location based upon their race.  The EEOC also alleged that the company retaliated against other employees and former employees for opposing or testifying about the race discrimination, by demoting and forcing one out of her job and by suing others in state court.  The EEOC attempted to resolve this matter during conciliation prior to filing suit.
Race discrimination and retaliation violate Title VII of the Civil Rights Act of 1964.
In addition to injunctive and monetary relief, the three-year consent decree settling the lawsuit requires that BAM:

• provide mandatory annual three-hour training on race discrimination and retaliation under Title VII to all of its employees;
• have its president or another officer appear at the training to inform staff of the company’s non-discrimination policy regarding race and retaliation; that the company will not tolerate such discrimination; and the consequences for discriminating in the workplace;
• maintain records of complaints of race and retaliation discrimination;
• provide annual reports to the EEOC regarding such complaints;
• issue a memo to one of the hiring officials explaining that BAM does not discriminate on the basis of race and retaliation; and
• post a notice to employees about the lawsuit that provides the EEOC’s contact information.

“Excluding qualified individuals from job opportunities because of their race or in retaliation for exercising protected rights are fundamental violations of the laws we enforce,” said EEOC General Counsel David Lopez.  “As this case demonstrates, the EEOC is prepared to vigorously pursue such cases and resolutions that help ensure that workplaces will be free from discrimination.  Recent cases we have filed alleging hiring discrimination, such as our suit against Bass Pro, demonstrate this continued commitment.”
“We are pleased that this company worked with us to reach a satisfactory resolution in this matter to ensure black applicants will be judged based on their qualifications,” said Faye A. Williams, regional attorney for the EEOC’s Memphis District Office.  “The measures in the decree will work to ensure that African-American applicants are treated in the same manner as others, and that employees who have the courage to oppose race discrimination are protected against retaliation.”
BAM is an Arkansas corporation engaged in real estate, real estate-owned properties, broker management and asset management in the Little Rock area.
The EEOC enforces federal laws prohibiting employment discrimination.  Further information about the EEOC is available on its website at www.eeoc.gov.

Boss Calls Employee the N-word; Another person fired for complaining

Bias cases are hitting in record numbers at EEOC. Here is one out of Michigan --

Mark Louks was angered when his boss at Noble Metal Processing in Warren, Michigan used the N-word to refer to a black co-worker.

Louks, who is white, complained: to his boss, to his union and to the U.S. Equal Employment Opportunity Commission., and got fired.

"I was brought up to believe that everybody should be treated equally," said Louks, 54, of Eastpointe, telling his story to a reporter for the Detroit Free Press.

Louks is among a growing number of U.S. workers to turn to the EEOC to combat job discrimination. The agency received a record 99,947 complaints last year -- a 20.7% increase since 2007. It also obtained $513.6 million in compensation and other benefits for workers.

In 2008, the EEOC sued Noble in federal court, accusing it of repeatedly denying promotional opportunities to nonwhites and of retaliating against Louks.

The company denied the charges, but settled out of court in 2010, paying $190,000 to Louks and several minority workers.

The EEOC would have required the firm to launch an anti-discrimination training program, but it went out of business. Its lawyer wouldn't comment, writes David Ashenfelter for the Detroit Free Press.

Louks told Ashenfelter he has struggled since the firing to find steady work, but has no regrets: "Somebody had to stand up."

See the rest of this story --