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In December 2010, a company which provides in-home care certified nursing assistants (CNAs) and non-CNAs to seniors in Anne Arundel County and Howard County, Maryland agreed to settle claims alleging that it discriminated based on race in assigning caregivers. According to the EEOC's lawsuit, the company coded the preferences of clients who requested White caregivers, and made assignments based on the preferences. For example, "circle dots" referred to the clients that preferred Caucasian caregivers. The facility claimed that it ceased the coding practice in 2008, but admitted that it continued to take client racial preferences into account in making caregiver assignments. The 5-year consent decree provides $150,000 in compensatory damages to be distributed to claimants (defined as all caregivers employed by defendant from October 2007 through entry of the decree) in amounts determined by EEOC based on length of service and employment status. The decree enjoins the company from racial coding and prohibits race-based caregiver assignments. The injunction survives the decree. Where a client indicates a preference not to have a caregiver of a certain race, and there is a risk that the client will become violent, the facility will notify the caregiver, who can choose to refuse the assignment. The company also will provide 2 hours of training annually to recruiters and HR personnel on Title VII, with a special emphasis on the discriminatory assignment of caregivers based on the racial preferences of clients.EEOC v. HiCare, Inc., dba Home Instead Senior Care, No. 1:10-CV-02692 (D. Md. Dec. 10, 2010).
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In July 2014, the apprenticeship school affiliated with a New Jersey construction trade union will pay $34,500 and provide substantial remedial relief to settle a discrimination claim by the EEOC, alleging that the Joint Apprenticeship and Training Committee of Sheet Metal Workers Local 25 discharged a Black apprentice because of his race just two weeks before he was to graduate from the four-year apprenticeship program. The EEOC's findings arose from its investigation of the apprentice's appeal of his dismissal, which he filed with the court-appointed special master who monitors Local 25 and its JATC pursuant to past judicial findings of race and national origin discrimination. According to the EEOC, the JATC violated the court's previous orders by summarily discharging the apprentice for alleged poor performance just days before he was to complete the program and be promoted to journeyman status. The JATC imposed this severe sanction despite the apprentice satisfactorily completing virtually the entire eight-term program and despite his complaints about inadequate on-the-job training from biased contractors. EEOC v. Day & Zimmerman NPS, Inc., No. 1:71-cv-02877(LAK)(MHD) (S.D.N.Y. consent decree filed July 11, 2014).
In September 2012, a Rosemont, Ill.-based food product distributor paid $165,000 and furnished other relief to settle a race discrimination lawsuit filed by the EEOC. In its lawsuit, the EEOC charged that the food distributor violated federal law by firing an African-American employee who worked at its Memphis facility because of his race. Specifically, the EEOC said, the company discharged the black employee after he failed to stop a Caucasian driver who reported to work under the influence of alcohol from making deliveries on his route. US Foods did not terminate the Caucasian driver for being under the influence, or another Caucasian safety specialist who saw the driver at the first stop on his route. Instead, the company discharged the white driver later for an unrelated matter. EEOC v. US Foods, Inc. fka U.S. Foodservice, Inc., Civil Action No. 2:11-cv-02861 (W.D. Tenn. Sep. 12, 2012). 2ff7e9595c
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