Yesterday, the EEOC announced
that a jury had awarded $500K against a Westerville, Ohio based company for
failing to promote a female employee to a supervisory position in violation of
Title VII of the Civil Rights Act as alleged in a lawsuit filed by the EEOC against Excel, Inc. in federal
court in Georgia (N.D. Ga. Case No. 1:10-CV-03132). The award consisted of $25K in compensatory
damages and $475K in punitive damages and the court will also be
awarding back pay to the female employee (on top of the damage award). According to the EEOC, it presented evidence
during the four-day trial that male employees were routinely promoted after
expressing only verbal interest in positions, while the female employee was
passed over despite recommendations from her supervisor and her superior
qualifications. The EEOC presented
testimony that “the general manager informed [the
supervisor] that he would never put a woman in that position.” Moreover, the EEOC claimed that the company
attempted to hide its discrimination from the female employee:
[W]hile [the female employee] was told
the inventory supervisor position would not be filled, the male selected for
the position was told by a management and human resources official that the
position would be filled, but that he would be selected only if he kept it a
secret. The selectee, Michel Pooler, testified that [the female employee] was
later required to train him because he had no inventory experience whatsoever.
NOTICE:
This summary is designed merely to inform and alert you of recent legal
developments. It does not constitute legal advice and does not apply to any
particular situation because different facts could lead to different results.
Information here can change or be amended without notice. Readers should not
act upon this information without legal advice. If you have any questions about
anything you have read, you should consult with or retain an employment
attorney.
