Monthly Archives: December 2009

EEOC sues Jack in the Box California franchisee for sexual harassment

Kobra Associates Inc., a Jack in the Box franchisee which owns about 70 restaurants in Northern and Central California, was sued by the Equal Employment Opportunity Commission for failing to take corrective action to stop a manager from sexually harassing his female employees.

Richard Bartels, the manager of the Jack in the Box restaurant in Paradise, California, was named in the EEOC lawsuit.  Bartels allegedly created a hostile work environment and subjected female workers under his supervision to unwelcome sexual advances and frequent remarks about their anatomy.

Though the female employees repeatedly complained about the sexual harassment through multiple avenues, including leaving messages with Jack in the Box’s ethics hotline, the lawsuit alleges that the company did not act to stop Bartels’ abusive behavior, which continued for more than one year.

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Workplace bullying led waitress to commit suicide

A teenage waitress at Cafe Vamp, a popular cafe in Australia, committed suicide after she was subjected to systematic physical and emotional workplace bullying by bosses and coworkers. 

Three men who were implicated in the harassment of 19-year-old Brodie Rae Constance Panlock pleaded guilty to a number of workplace charges.

Marc Luis Da Cruz, the owner of Cafe Vamp, pleaded guilty to two charges that included failing to provide and maintain a safe working environment. 

Cafe manager Nicholas Smallwood and chef Gabriel Toomey pleaded guilty to charges of failing to take reasonable care for the health and safety of persons.

The local coroner Peter White testified that Brodie Panlock was “emotionally vulnerable” because of her young age, lack of experience, and low self-esteem.  White said that the systematic bullying and “almost daily routine of inappropriate pressure” that the defendants inflicted on Panlock caused her an “unbearable level of humiliation” and led her to jump from a multi-story car park building in September 20, 2006.

The trial of Da Cruz, Smallwood, and Toomey is set to continue on February 5, 2010.

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College intern sues boss to recover unpaid wages

Naresh Vissa, a finance, accounting and broadcast journalism student at Syracuse University, has filed a lawsuit against Ed Butowsky, a Managing Partner at the Chapwood Capital Investment Management firm that claims to manage over $3 billion in investments, for allegedly failing to pay Vissa $900 for time worked as an intern last summer.

Ed Butowsky

Ed Butowsky describes himself as “a nationally-recognized expert in investment management who is interviewed frequently by the media, including Bloomberg TV, FOX Business News, ABC, NBC, Sports Illustrated, and SIRIUS radio.”

Vissa wrote about his “horrific internship experience” in The Daily Orange, the Syracuse University newspaper, and described how Butowsky “left (him) profane and vulgar voicemails” after Vissa threatened legal action to recover his unpaid wages.  He also wrote:

“Two days ago, more than two months after my internship, I finally received a check that was off the books; It was a quarter of the amount I am owed.  My boss continues to leave voicemails, threatening my future employment and saying he has made calls to Syracuse University about me.  He continues to stress that I have no idea the reach he has in places where nobody would want him to be, and that he will file a lawsuit against me for fraud, charging I did not deliver the results he was looking for.”

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Albertsons pays $9 million to settle EEOC discrimination lawsuit filed on behalf of 168 workers

Albertsons agreed to pay $8.9 million to settle three federal discrimination lawsuits filed by the EEOC on behalf of 168 minority employees who complained of racial discrimination at the Albertsons distribution center in Aurora, Colorado.

Black, Hispanic, Asian, and Jewish employees complained of a hostile work environment from 1995 until 2008 that consisted of racist and anti-Semitic slurs, graffiti, and threats. 

The graffiti in the men’s restroom, which included the word “n—-r” and drawings of black and Hispanic men with nooses around their necks, was so offensive that many workers refused to use the restroom and would wait to relieve themselves outside the warehouse.

Employees allege that even though they complained about the graffiti, it was not removed until years later.  Workers also claim that they heard their white bosses joking and laughing about the racist graffiti.

The EEOC lawsuit alleged that numerous managers knew about and even participated in the harassment and discrimination of minority employees.  Furthermore, many employees who complained about the harassment were denied promotions, given harder job assignments, and were fired in retaliation for having complained.

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Hostile work environment complaints filed against Sutter Health

Former employees of Sacramento-based Sutter Health have filed discrimination complaints with the California Department of Fair Employment and Housing (DFEH) accusing their supervisor, Rosetta Li, of harassment and creating a hostile work environment.  Allegations include racial discrimination, racial bias, verbal abuse, and having to endure a culture of fear and intimidation.
 
Employees that complained to Sutter Health’s human resources were allegedly subjected to further harassment and a hostile work environment.  They reported being berated by coworkers and they claim that Rosetta Li subjected them to demeaning and racially insensitive comments.  These employees allege that they were often told to either quit or face termination. 
 
The complainants allege that Rosetta Li has bullied employees in an intimidating and demeaning manner in the more than 15 years that she has worked for Sutter Health.

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Seven black workers sue Dr Pepper Snapple for racial discrimination

Last week seven black employees of the Northlake, IL Dr Pepper Snapple warehouse filed a racial discrimination lawsuit against the company for failing to stop the harassment, which allegedly continued for more than two years.

The workers claim that Hispanic supervisors repeatedly hurled racial insults at the black employees and called them such things as “donkey,” “monkey,” and “n—-r.”

In addition, the lawsuit alleges that racially offensive graffiti was written across the black workers’ lockers twice this year. 

A spokesman for Dr Pepper Snapple Group said that the company immediately launched an investigation when it received the workers’ complaints and that it fired a number of employees.

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Aaron Rents settles EEOC sexual harassment lawsuit

The ‘rent-to-own’ retail chain Aaron Rents Inc. settled a sexual harassment lawsuit filed by the Equal Employment Opportunity Commission on behalf of a young woman who was subjected to a sexually hostile work environment by the general manager of Aaron’s Fairview Heights store in Illinois. 

The store manager allegedly often made sexually explicit comments and requested sex from a 20-year-old employee.  The EEOC lawsuit stated that the manager “touched Alford’s body in a sexually offensive  manner on a number of occasions and he exposed himself to her several times.  Alford complained to her direct supervisor and called the company hotline but no action was taken to end the harassment. In October 2006, [the manager] sexually assaulted Alford in the Fairview Heights facility.”

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The eBossWatch Best Bosses of 2009

In a year that has been characterized by layoffs, unemployment, instability and tension in the workplace, eBossWatch is excited to announce the Best Bosses of 2009.  The actions of these excellent managers serve as an inspiration to bosses and workers across the country.

1. Brian DeAngelis, store manager, PA Wine & Spirits Store, Whitehall, PA

Donated his kidney to save the life of one of his employees

Earlier this year, the employees at the PA Wine & Spirits Store in Whitehall noticed their coworker Rob Fenstermaker slowly dying of polycystic kidney disease, a hereditary and fatal condition.  They discussed ways to help their colleague, and a few employees went to get tested to determine if their kidneys were potentially compatible to Rob’s.

Their boss, Brian DeAngelis, also agreed to be tested, and his kidney was found to be a perfect match for Rob.  DeAngelis did not hesitate, and in May, doctors successfully carried out the transplant operation that saved Rob’s life.

Last month, DeAngelis was commended by the Pennsylvania Liquor Control Board, which operates the state’s Wine & Spirits stores, for his excellent work as store manager and his remarkable compassion for a coworker and friend.

During ceremonies at agency headquarters in Harrisburg, Pennsylvania Liquor Control Board Chairman Patrick J. “P.J.” Stapleton III said, “We know that Brian does a great job of managing the Whitehall Premium Collection Store; it’s one of the best stores in the state.  But more than that, Brian’s an incredible human being. All of us are incredibly touched by what he’s done. Brian gave a kidney to a fellow employee who’s here today. We’re awestruck by that gesture of generosity and compassion.”

2. Paul Levy, CEO Beth Israel Deaconess Medical Center, Boston, MA

Engaged employees to find ways to address budget shortfall; saved 530 jobs

Last March, Paul Levy found his organization facing a $20 million budget shortfall because of the economic crisis.  Instead of ordering the layoffs of the 600 workers necessary to cover the $20 million deficit, Levy decided to discuss the problem with his employees and to solicit their feedback on how the medical center should respond.

Levy said the following at a meeting with employees of the medical center:  “I want to run an idea by you that I think is important, and I’d like to get your reaction to it.  I’d like to do what we can to protect the lower-wage earners – the transporters, the housekeepers, the food service people.  A lot of these people work really hard, and I don’t want to put an additional burden on them.  Now, if we protect these workers, it means the rest of us will have to make a bigger sacrifice.  It means that others will have to give up more of their salary or benefits.”

His words were followed by an enormous amount of applause from the employees, the vast majority of whom expressed their willingness to take pay cuts so that none of their coworkers would have to be laid off.  Over the next several days, Levy received over 600 emails from employees suggesting various ideas for reducing expenses.  These ideas enabled the medical center to find creative ways to trim $16 million in expenses.  The plan developed by Levy and his staff ultimately saved 530 of their coworkers’ jobs.

3. Leonard Abess, owner and CEO, City National Bank, Miami, FL

Gave $60 million as a gift to his employees after selling a controlling stake in his bank 

After selling a controlling stake in his bank, Abess gave $60 million to his 471 employees.  In explaining this huge gift, Abess said, “I just never thought that I was solely responsible for the success of the bank.  I always realized that there were 400-plus people doing the work, making it successful.”

Abess also said, “We have never had a layoff. We have paid a bonus to every employee, every year. We have never raised the cost of insurance. Today, the employee’s cost is the same as it was 20 years ago….I tell young CEOs, that before you cut anybody’s compensation, before you fire anybody for economic reasons, you deal with yourself. Your perks go, your bonus goes, your salary goes.

“We provided, I think, an atmosphere of caring. We were always there. I know my employees. I know their names. I know their spouse’s names, their parents, their children. So we always tried to have a family atmosphere.  We attend each other’s events — birthdays, weddings and funerals.  In hardship, we try to take care of each other.  I think we had an atmosphere that, for people, was comfortable and they felt welcome in, so they stayed.”

4. Jack Windolf, CEO, Bollinger Insurance Solutions, Short Hills, NJ

Shared his $500,000 bonus by giving a $1,000 check to each of his 454 employees  

Last year, as part of the sale of 51% of the company, Windolf received $500,000 in deferred compensation, and he decided to share it with all 454 of his employees.  Employees said that this type of generosity is not uncommon for Windolf, who is known for giving out regular holiday bonuses and for treating his employees with kindness and respect.

Windolf believes that treating employees well is not only the right thing to do, but is also good business practice.  He said, “You have to share with your employees and that’s all we’re doing. It’s not really a gift, it’s an investment.

“Loyal employees will work harder and smarter, and I believe that they will treat customers with the same care and respect that they receive here at Bollinger.”

About eBossWatch

eBossWatch was launched in 2007 to help people avoid hostile workplaces.  eBossWatch is a popular career resource that enables people to rate their bosses in a professional and non-libelous manner so that job-seekers can evaluate prospective employers and avoid workplace bullies

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contact@ebosswatch.com

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Texas oilfield service company pays $60,000 to settle race discrimination and retaliation lawsuit

In September, the EEOC announced that an oilfield service company based in Alice, Texas as agreed to pay $60,000 to settle a race discrimination and retaliation lawsuit.

The Equal Employment Opportunity Commission filed the lawsuit against the company after it investigated complaints by a white worker who was discriminated against by his Hispanic managers because of his race.  After the worker complained to the HR department about the harassment and hostile work environment, the company allegedly fired him in retaliation. 

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Bahama Breeze pays $1.3 million to settle racial harassment lawsuit

The Bahama Breeze restaurant chain agreed to settle an EEOC racial harassment lawsuit filed on behalf of 37 black workers at the Bahama Breeze restaurant in Beachwood, Ohio.  Bahama Breeze has agreed to pay $1.26 million to settle the lawsuit.

The Equal Employment Opportunity Commission had accused managers at the Beachwood restaurant of ongoing acts of racial harassment and workplace bullying directed against its black workers.  Black workers were frequently called offensive names such as “stupid n—–r,” “homeboy,” “Aunt Jemima,” and “you people.” 

Managers would imitate the stereotypical black mannerisms and speech.  In addition, black workers were often denied breaks while their white coworkers were allowed breaks.  Even though the workers complained about the harassment, Bahama Breeze management did not stop the abusive behavior.

EEOC Acting Chairman Stuart J. Ishimaru said, “No worker should ever have to endure a racially hostile work environment in order to earn a paycheck.  It is particularly disturbing when managers engage in and condone the very unlawful conduct they are required to prevent and correct.  This sizeable settlement should remind employers of the possible consequences of a failure to promote and maintain a discrimination-free workplace.”

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