A Maryland-based environmental remediation services contractor will pay $415,000 and provide comprehensive equitable relief to settle a U.S. Equal Employment Opportunity Commission (EEOC) race, gender discrimination and harassment lawsuit. The EEOC had charged that ACM Services, located in Rockville, Md., engaged in a pattern or practice of race and sex discrimination in hiring and also harassed two women based on sex, race and national origin and retaliated against them.
It was alleged in the suit filed by the EEOC that ACM Services exclusively used word-of-mouth recruitment practices for field laborer positions with the intent and effect of failing to recruit black job applicants. The EEOC said that ACM Services also refused to hire black job applicants, or female applicants for field laborer positions.
The EEOC also charged that ACM Services subjected two Hispanic female employees to harassment based on sex, national origin, and race and engaged in unlawful retaliation against them, which resulted in the termination of their jobs, when they opposed the harassment and discrimination. The EEOC said such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment based on race, sex and national origin. Title VII also forbids employers from retaliating against individuals who oppose discrimination.
The EEOC said it filed its lawsuit in U.S. District Court for the District of Maryland, after first attempting to reach a pre-litigation settlement through its conciliation process. Under the settlement, ACM Services will provide $305,000 in monetary relief for a class of persons not hired or recruited because of race or sex and $110,000 in monetary relief to the two Hispanic female employees.
Additionally, the three-year consent decree resolving the lawsuit enjoins ACM Services from engaging in any future race, sex, or national origin discrimination or retaliation, and provides substantial non-monetary relief, the EEOC said. The EEOC said ACM Services has agreed to a number of measures, including:
• implement numerical goals for hiring qualified black applicants and female applicants, including both permanent and temporary or contingent workers, for field laborer positions;
• create a job opportunities advertisement program to recruit a diverse pool of qualified applicants for field laborer positions and refrain from using word-of-mouth recruiting as its sole method for seeking job applicants;
• conduct extensive self-assessment of hiring and work assignment practices to ensure non-discrimination and compliance with the terms of the consent decree;
• pay for advertising of the class claims process; and
• submit reports to the EEOC concerning numerical hiring goals and other consent decree compliance issues.
Source: Insurance Journal
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