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Eagle Services, a Midwest industrial and environmental cleaning service, has agreed to pay $100,000 in monetary relief to a group of workers that filed an employment discrimination charge against the company with the US Equal Opportunity Employment Commission (EEOC). The agreement resolves, through conciliation, the complaint in which employees alleged that Eagle Services discriminated against them because of their race and national origin by subjecting them to harassment.
The amount Eagle Services agreed to pay to employees who alleged the company had engaged in discrimination based on race and national origin for several years.
Additionally, the complaint alleged, a supervisor repeatedly called minority workers racist names, made offensive comments based on race and national origin and texted a violent racist meme to an employee. Despite complaints to management, the EEOC found the harassment continued for several years.
The charges against the company are related to race discrimination and discrimination based on national origin. According to the EEOC, race discrimination takes place when an employee is treated badly or harassed because of their race or personal characteristics associated with a certain race, such as hair texture, skin color, or facial features.
National origin discrimination includes unfavorable treatment due to the part of the world or country the person is from, their ethnicity or accent, or because they appear to be of a certain ethnic background—even if they are not.
In this case, Black and Hispanic employees of Eagle Services alleged that they were subject to discrimination and harassment based on both race and national origin. Part of the complaint involves allegations that a supervisor used racist names and made other offensive comments directed to or at the employees. Moreover, despite complaints to upper management, the behavior continued for several years, according to the charges.
The agreement between the EEOC and Eagle Services resolves the complaint through conciliation, which is a statutorily-required part of the EEOC complaints process. When the EEOC ends its investigation of a complaint and determines there is reasonable cause to believe discrimination has occurred, a "Letter of Determination" is issued to both the complainants and the company and all parties are invited to submit the complaint to conciliation.
Conciliation is a voluntary process, and the parties must agree to the resolution process. No party can be forced to accept particular terms. Title VII requires the EEOC to attempt to resolve findings of discrimination on charges through conciliation. The EEOC strongly encourages the parties to take advantage of this opportunity to resolve the charge informally and before the EEOC considers the matter for litigation. According to the EEOC, "Conciliation is an efficient, effective, and inexpensive method of resolving employment discrimination charges."
The conciliation announced on Sept. 20 resulted in Eagle Services agreeing to the monetary award, reporting to the EEOC, and training for all employees and managers. Eagle Services denied the allegations contained in the EEOC’s determination, also part of the conciliation process.
Complaints of discrimination based on race comprised 32.7% of all complaints received by the EEOC in FY 2020. National origin made up 9.5% and color 5.3%. Those numbers amplify the importance of the agreement between the EEOC and Eagle Services.
The agreement provides relief for the complainants in the form of the $100,000 monetary award along with the agreement to report to the EEOC and provide training to employees and managers. Avoiding protracted litigation serves the interests of both parties. As for the employer, Eagle Services was able to settle while denying the allegations against it.
EEOC. "Eagle Services to Pay $100,000 to Resolve EEOC National Origin and Race Discrimination Charge."
EEOC. "Race/Color Discrimination."
EEOC. "National Origin Discrimination."
EEOC. "What You Should Know: The EEOC, Conciliation, and Litigation."
EEOC. "EEOC Releases Fiscal Year 2020 Enforcement and Litigation Data."
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