Sex-Based Discrimination After Promotion June 23, 2022 A female employee filed a complaint claiming she was subjected to harassment and offensive comments of a sexual nature following her promotion. The investigation found substantial evidence of discrimination, including information that other females did not apply for openings due to fear of harassment. A Conciliation Agreement was approved on January 6, 2021. Due to logistical challenges, the final training is expected to be completed by August 31, 2022.
Hearing Disability Required Accommodation to Order Food June 23, 2022 A deaf patron attempted to place a written order at the drive-through window of a fast-food restaurant but was denied service. Investigation revealed substantial evidence that Complainant attempted to place a written order as instructed by a sign posted at the drive-through order station. However, she was unsuccessful as the ordering process eventually took longer than commercially desired and the manager threatened to call the police. The complainant declined to sign the negotiated Conciliation Agreement so she could potentially pursue other civil remedies. The Executive Director substituted as the complainant to pursue public policy goals of training and for the Respondent to adopt an effective non-discrimination policy, and a Conciliation Agreement was approved on October 25, 2021. Due to logistical challenges, final training is expected to be completed by May 2, 2022.
Race-Based Employee Housing Discrimination June 23, 2022 An employee claimed discrimination based on her race when she complained about poor housing conditions and was subsequently threatened with termination after the employer learned of her disability. The investigation found substantial evidence of discrimination and a settlement was reached between the parties on March 28, 2019, in which the Complainant agreed to withdraw her complaint with the Commission and the Respondent agreed to conduct training. Due to logistical challenges, final training is expected to be completed by July 1, 2022. The Commission continues to monitor the terms of the agreement.
Service Animals Must be Allowed in Restaurants June 23, 2022 A guest was denied service at a restaurant when the owner advised her no pets were allowed. After reassuring the owner her dog was a service animal, the owner advised it was his right to refuse service and told her to leave. The investigation found substantial evidence supporting her claim of disability discrimination. The parties reached a Conciliation Agreement in principle, but the Complainant ultimately declined to sign the document to preserve her right to seek punitive damages in civil court. The Executive Director substituted as the complainant to pursue the Commission’s public policy goals of training and the Respondent’s adoption of an effective non-discrimination policy. A Conciliation Agreement was approved on December 29, 2021. The Commission continues to monitor the terms of the agreement.
Race-Based Discrimination: Employee Subjected to Different Terms and Conditions of Employment June 23, 2022 An employee claimed harassment based on her race when she was not allowed to leave her workstation to use the restroom. Investigation revealed substantial evidence to believe Complainant identified as Latina/Hispanic, and that her employer treated non-English speaking Latino/Hispanic individuals less favorably than English speaking non-Latino/Hispanic employees. The investigation also revealed that as a Latina, Complainant was subjected to verbal abuse, prohibited from wearing either prescription eyeglasses or prescription safety glasses, and unlike non-Latino/Hispanic employees, Complainant was not permitted to utilize the restroom as needed, which resulted in Complainant urinating on herself in public. Complainant filed verbal complaints with Respondent’s human resources personnel, as well as filed an in-person complaint with the corporate office after the term of her employment contract. Ultimately, Complainant declined to sign the Commission’s proposed Conciliation Agreement to explore potential civil remedies in either state or federal court. On November 5, 2021, the Commission entered into a two-party agreement with Respondent to pursue its public policy goals of training and for the employer to adopt an effective non-discrimination policy. When Respondent has completed the remaining terms of the Agreement, this file will be closed.