Confidential
Settlement – $550,000Judge
Court
USDC Eastern
Attorneys
Plaintiff
Marcia L. Mitchell
(U.S. Equal Employment Opportunity Commission)
Defendant
Gary R. Basham
(Basham Law Group)
Carolyn G. Burnette
(Jackson Lewis PC)
Facts
In June 2000, seven Afghani men and women began working for Barber Dealer Group, a network of 13 auto dealerships in Fairfield and Vallejo. The four employees at the Barber Dodge dealership in Vallejo included one finance director, two finance managers, and one finance assistant. The three employees at the Fairfield Toyota dealership included one general sales manager and two in the finance department. The employees contended that their managers and co-workers persistently taunted them by calling them names such as terrorists and thieves and by publicly ridiculing their Afghani national origin, dark skin color, and Muslim faith. The employees asserted that six employees were constructively discharged from their positions at various times in the autumn of 2000. One employee was fired. In May 2001, five of the seven employees filed a complaint with the U.S. Equal Employment Opportunity Commission, which immediately started an investigation. The EEOC found reasonable cause to believe that the dealerships engaged in unlawful discrimination. After efforts to resolve the problem failed, the EEOC sued Barber Dodge and Fairfield Toyota on behalf of the five employees and others similarly-situated.
Settlement Discussions
The case was settled for $550,000. The EEOC reported that the dealerships will conduct training to prevent future discrimination, revise anti-discrimination policies, and implement an effective complaint procedure.
Damages
The EEOC sought both economic and non-economic damages in an unspecified amount. It also asked for equitable relief in the form of institution of an anti-discrimination program.
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