U.S. Equal Employment Opportunity Commission v. Cardinal Health 200, LLC dba Cardinal Health; Howroyd-Wright Employment Agency Inc. dba Appleone Employment Services, and Does 1-10, inclusive
Published: Aug. 6, 2021 | Result Date: May 15, 2021 | Filing Date: May 21, 2019 |Case number: 5:19-cv-00941-CBM-SHKx Settlement – $1,450,000
Judge
Court
CD CA
Attorneys
Plaintiff
Anna Y. Park
(U.S. Equal Employment Opportunity Commission)
Sue J. Noh
(U.S. Equal Employment Opportunity Commission)
Rumduol K. Vuong
(California Department of Fair Employment and Housing)
Jennifer L. Boulton
(U.S. Equal Employment Opportunity Commission)
Defendant
Kevin Kanooni
(Kenneth P. Roberts APLC)
for AppleOne
Facts
Defendant, Cardinal Health LLC has a warehouse facility in Ontario, California that distributes medical equipment. Since at least 2016, Defendant, AppleOne Employment Services has been placing temporary and/or temporary-to-permanent employees at Cardinal Health's Ontario facility. Sequia Sims and Lisa Henry, both African-Americans, were employed either directly by Cardinal Health or assigned to work for Cardinal Health by AppleOne at the Ontario facility. Cardinal Health conducted the day-to-day supervision of these employees. Sims and Henry filed discrimination charges with the U.S. Equal Employment Opportunity Commission against Cardinal Health and AppleOne. The EEOC investigated Sims' and Henry's complaints and filed suit against Defendants.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that AppleOne and Cardinal Health's Black employees were subjected to ongoing and unwelcome harassment based on their race, including but not limited to the use of racial slurs multiple times per day from co-workers and supervisors; being exposed to racially derogatory graffiti in the restrooms; being given less favorable assignments and passed over for favorable assignments; being denied cross-training; failing to hire Black temporary employees to full-time positions; and constructively discharging or terminating Black employees.
DEFENDANT'S CONTENTIONS: Defendant denied all allegations.
Result
Global Health agreed to pay $1.45 million and both Global Health and AppleOne further agreed to implement changes, such as discrimination training and a toll-free complaint hotline, aimed at preventing these types of workplace harassment, discrimination and retaliation.
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