Facts

Plaintiff Sukdev Dhaliwal, a college student, interviewed for a sales job at the Bally Total Fitness center in Fresno in May 2004. While being interviewed, Dhaliwal claimed he was asked about his nationality, religion and ethnic heritage. Dhaliwal told them he was born and raised in California, but that his parents were from India and followed the Sikh religion. The Bally's employees then allegedly asked if Sikhs wore turbans and if he was Islamic. Dhaliwal was not hired for the job. Dhaliwal subsequently filed a complaint with the EEOC.

The EEOC, on behalf of Dhaliwal, sued Bally Total Fitness Corp. (Bally) for discrimination based on national origin and religion under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991.

PLAINTIFF'S CONTENTIONS:
Dhaliwal claimed he was a well-qualified applicant and had the necessary work experience and educational accomplishments. He alleged he was not hired because of his ancestry and that lesser qualified applicants were hired in his place.

DEFENDANT'S CONTENTIONS:
Bally denied the allegations and claimed Dhaliwal was never asked about his religion or ancestry. Bally claimed the decision to not hire Dhaliwal was based on legitimate reasons unrelated to discrimination.

Damages

The EEOC sought unspecified damages for Dhaliwal's emotional distress.

Injuries

Dhaliwal claimed to have suffered from emotional distress over the incident.

Result

The parties reached a settlement prior to discovery in the amount of $24,000. Also, as part of the settlement agreement, Bally agreed to train managers and supervisors at three Fresno fitness centers in the proper equal opportunity hiring practices and procedures. Dhaliwal stated that he planned to give part of his settlement to the construction management program where he studied at Fresno State University.