EEOC Sues Wal-Mart Stores East for National Origin and Religious Harassment and Retaliation

Retailing Giant Retaliated Against Employee Who Complained About Pervasive Harassment, Federal Agency Charges

 

The nation's largest retailer violated federal law when it subjected an employee to national origin and religious harassment and retaliated against him when he complained about it, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced.

 

According to the EEOC's suit, Ebrima Jallow, who is Gambian and Muslim, was hired as an asset protection specialist and one year later was promoted to the asset protection coordinator position at the Walmart store in Landover Hills, Md. The EEOC charges that Jallow's supervisor, the store manager, subjected Jallow to frequent and severe harassment based on his national origin. The manager's remarks including suggesting that people of Jallow's national origin contributed to the enslavement of Africans in America, telling Jallow that he should "go back to Africa," and mocking his accent. The manager regularly subjected Jallow to religious harassment, including telling Jallow and others that "all Muslims do is blow up buildings and people," and objecting to the hiring of a Muslim employee. The national origin and religious harassment was pervasive and took place during staff and private meetings and during discussions about Jallow's work responsibilities, the EEOC says in its lawsuit. 
 
The EEOC also charges that after Jallow complained about the harassment of himself and other employees, the store manager unlawfully retaliated against him, including threatening him with termination, placing him on a one-year "coaching period" and telling other employees not to cooperate with Jallow in the performance of his asset protection coordinator job duties. 
 
Such conduct violates Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits harassment based on national origin or religion. Title VII also forbids employers from  retaliating against employees who oppose harassment or discrimination. 
 
The EEOC filed suit (EEOC v. Wal-Mart Stores East, LP, Civil Action No. 8:13-cv-02655) in U.S. District Court for the District of Maryland after first attempting to reach a pre-litigation settlement through its conciliation process. In its lawsuit, the EEOC seeks injunctive relief prohibiting Wal-Mart from engaging in national origin and religion harassment or retaliation, as well as compensatory and punitive damages for Jallow, and other affirmative relief.

"The EEOC will take action when store managers abuse their authority by engaging in national origin and religious harassment," said EEOC Regional Attorney Debra M. Lawrence. 
 
Philadelphia District Director Spencer H. Lewis, Jr. added, "No employee should be subjected to the indignity of being harassed repeatedly based on his national origin and religion. It is intolerable and unlawful."

According to its website, www.walmart.com, Wal-Mart operates 10,900 stores in 27 countries, employs 2.2 million associates worldwide and had fiscal year 2013 sales of approximately $466 billion.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

EEOC Sues Rizza Cadillac of Tinley Park, Citing Harassment of Arab and Muslim Sales Staff

Rizza Cadillac, Inc. of Tinley Park, Ill., a suburb south of Chicago, violated federal law by encouraging a work environment which was hostile and offensive to Muslim and Arab sales staff, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed.
 
According to the EEOC's suit, Rizza Cadillac managers fostered the discriminatory work environment using offensive slurs, such as "terrorist," "sand n----r," and "Hezbollah," and making mocking and insulting references to the Qur'an and the manner in which Muslims pray. 
 
John Rowe, director of the EEOC's Chicago District Office, managed the administrative investigation which preceded EEOC's lawsuit.

"Our investigation revealed that Rizza Cadillac failed to take prompt and effective measures to stop and prevent this abusive misconduct, as they were required to do by federal law," said Rowe. "Employees should be judged by their performance, not their religion or ethnicity."

Harassment based on national origin or religion violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Case No. 1:13-cv-06696) this morning in U.S. District Court for the Northern District of Illinois) after first attempting to reach a pre-litigation settlement through its conciliation process. The case was assigned to District Judge John J. Tharp, Jr. and Magistrate Judge Mary M. Rowland. It seeks monetary relief in the form of compensatory and punitive damages, an order requiring the dealership to implement measures to prevent a recurrence of harassment, and a permanent injunction against future discrimination.

"Employers may not allow managers to repeatedly make offensive slurs and insults about an employee's religion or national origin," said John C. Hendrickson, the EEOC's regional attorney in Chicago. "Comments implying that all Muslims are terrorists cannot be excused or minimized by calling it mere 'banter' about a minority ethnicity or religion. The EEOC stands ready to protect Muslim and Arab workers when they are subjected to such harassment."

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

Department of Justice Reaches Settlement to Resolve Complaints of Religious Harassment at Charter School in DeKalb County, Georgia

The Justice Department reached a settlement agreement today with DeKalb County, Ga., school district to resolve the department’s investigation into allegations of religious and national origin harassment of a Sikh middle school student. Counsel for the Sikh Coalition filed the complaint with the department, alleging that the student had been repeatedly targeted with verbal and physical harassment because of his Sikh faith. The department has authority to investigate and resolve complaints of religious and national origin harassment through its enforcement of Title IV of the Civil Rights Act of 1964. 
 

Following an inquiry into the student-specific complaints, the department notified the district of its concerns that the district had failed to respond promptly and appropriately to the Sikh Coalition’s allegations of harassment, including allegations that the student was called “Aladdin” because he wore a turban and was told by a fellow student to “go back to his country.” The department also raised concerns that the district had not investigated witness statements that the student had been called a “terrorist” and that there was a history of fellow students targeting him because of his turban. The department also found that the disciplinary measures the district did take had not been effective in ending the harassment, and that the student feared continued harassment. 

 

The district worked cooperatively with the department to resolve the complaint and ensure greater protections for the student. The settlement agreement, which will be in effect until the end of the 2014-2015 school year, requires the district to: work with a consultant to develop and implement anti-harassment training at the student’s middle and high school; immediately implement a safety plan to ensure that the student is safe at school and, should incidents of harassment occur, that the district responds quickly and effectively; and meet with the student, his family, and administrators from his middle school and the high school where he will enroll, to identify key school personnel who can support the student should any future incidents of harassment occur. The department has opened a separate and ongoing inquiry into whether the district’s anti-harassment policies meet federal standards, whether its policies are consistently implemented, and whether employees are adequately trained to implement those policies. 

 

“Students of all faiths must be protected from harassment and other forms of discrimination,” said Jocelyn Samuels, Principal Deputy Assistant Attorney General for the Civil Rights Division. “We commend the district for stepping forward and putting student safety first. We are encouraged by the district’s resolve to support and provide anti-harassment training on issues facing students from the Sikh, Muslim, Arab-American and South Asian communities.”

 

“Every student should be able to attend school without fear of being harassed and bullied because of his skin color or religious beliefs,” said United States Attorney Sally Quillian Yates. “I am encouraged by DeKalb County’s willingness to take immediate steps to ensure that students attending DeKalb County schools are free of this type of harassment and bullying.”

 

Source: DOJ

 

This information is intended to be educational and should not be considered legal advice on any specific matter.