Annual Art and Essay Winners Recognized by Mayor Hamilton

On May 18th, eight winners of the BHRC's Annual Art and Essay Contest, their family members and teachers, as well as BHRC Commissioners, Tonda Radewan and Carolyn Calloway-Thomas, gathered to celebrate. The theme for this year was "Are people in the US getting more or less tolerant of others?" Mayor John Hamilton spoke to the crowd, thanking the children, their families, and their teachers, for their passion for human rights, in addition to commending them for their extraordinary talent. Mayor Hamilton presented each winner with a certificate, as well as tickets to Wonderlab. Photos of the ceremony can be found on the BHRC Facebook Page. Winners, comprised of entrants from Templeton, Highland Park, and Rogers Elementary Schools, are listed below:

Art Contest:

Kindergarten-3rd Grade Division:

1st: Jenny Lee, Rogers Elementary School

2nd: Ada Pigg, Highland Park Elementary School

4th-5th Grade Division:

1st: Lyra Dimmick, Templeton Elementary School

2nd: Anette Gjerdingen, Templeton Elementary School

6th-8th Grade Division:

1st: Tesla Waters, Templeton Elementary School

2nd: Parker McGaha, Templeton Elementary School

Essay Contest:

1st: Parker McGaha, Templeton Elementary School

2nd: Shealah Campbell, Templeton Elementary School

3rd: Lamelle Johnson, Templeton Elementary School

Learning Disability Week: June 19-25

June 19-25 is Learning Disability Awareness Week, where we take a moment to spread awareness, promote understanding, and ensure afdfected persons are seen and heard in a positive manner. The sad reality is that people with learning disabilityies are over twice as likely to experience low self-esteem and self-confidence and experience bullying, which leads to mental health issues. How can you help bring awareness to those around you? Help someone wiht a learning disability find ways to express themselves, read to students who struggle with reading, or advocate for positive change in your community.

For more information: tinyurl.com/LearningDisabilityWeek

PFG Customized Distribution of Kendallville, Indiana, has reached a $709,971 settlement agreement with the EEOC in a sex discrimination lawsuit. The restaurant food distribution company was charged with refusing to hire female applicants for order selector positions, stating sex-based criteria in the job descriptions and hiring processes for these positions, and making statements to female applicants regarding the preference of hiring men for these positions. Additionally, females were discriminatorily assigned to small-wares sections of the warehouse, which provided less earning potential than other sections or positions. The three-year settlement consent decree provides $650,000 in monetary relief to the affected female applicants, $39,971 to the female applicant who filed the charge with the EEOC, and $20,000 to the females who were assigned work stations and positions based on their sex. Additionally, the company has been enjoined from failing to hire women for order selector positions due to their sex, making work assignments based on sex, and retaliating against complainants in the future. The company will also implement equitable relief, including giving hiring preference to qualified female applicants who were previously denied order selector positions, revising hiring policies and procedures, and conducting EEO training.

For More Information: tinyurl.com/EEOCvsSandiaArticle

Hawaii Restaurant Charged in Relation to Alleged Sexual Harassment

A restaurant in Honolulu has been charged by the EEOC in relation to alleged sexual harassment of male employees. Since 2018, a co-owner of Square Barrels has been allegedly exposing his genitals in the workplace and making sexual comments regarding the sexual orientation of male employees. Neither the company, nor its HR company, Altres, have conducted an adequate and appropriate investigation and therefore have failed to address and rectify the harassment. After pre-litigation settlement efforts failed, the EEOC brought suit to the U.S. District Court for Hawaii and is seeking monetary, compensatory, and punitive damages, as well as injunctive relief against both companies to prevent further unlawful conduct in the future.

For more information: tinyurl.com/EEOCvSquareBarrels

Cafe and Bistro Sued by the EEOC for Sexual Harassment and Retaliation

California-based restaurants, Swami's Cafe and Honey's Bistro, have been sued by the EEOC for sexual harassment and retaliation after allowing young female employees, including teenagers, to be subjected to sexual harassment by male workers and supervisors. Harassing actions included repetitive and frequent sexual remarks and advances, as well as physical actions such as touching. Due to the alleged improper monitoring of the situation, the employees continued to be placed in a vulnerable and uncomfortable work environment. Those who complained to management were retaliated against and/or forced to quit their jobs. Relief in the forms of compensatory and punitive damages, as well as injunctive relief, are being sought by the EEOC on behalf of the affected employees.

For more information: tinyurl.com/EEOCvSwamisAndHoneys

Department of Justice Settles Pennsylvania HUD Case

The Department of Justice has settled a HUD election case that requires reasonable accommodation policies be applicable to eight continuing care communities. An administrative complaint was filed in August 2020 claiming that the owners and operators of RiverWoods Senior Living Community in Lewisburg, Pennsylvania, violated the Fair Housing Act by threatening to evict a woman with progressive memory loss after her son began staying with her to provide care and support in conjunction with efforts to protect her from COVID during the height of the pandemic. HUD issued a Determination and Charge in the case, stating that the pandemic made it reasonable for the family not to rely on third-party aides who could have potentially brought the virus to the woman since the action did not create an undue financial or administrative burden to the facility or alter the nature of the program. The complainant's estate and her son have received $215,000 in damages and attorney's fees under the settlement.

For more information: tinyurl.com/DOJSettlesHUDCase

Mead Johnson & Company Sued for Refusal to Provide Reasonable Accommodations

EEOC Settles $120, 000 Case with NY E-Z Pass Toll Companies

A $120,000 settlement has been agreed to in a disability discrimination suit between the EEOC and Conduent State and Local Solutions and Broadleaf Results, Inc. The companies, which operate and staff the New York E-Z Pass toll system, were charged with failing to accommodate a customer service representative in Staten Island, NY, after she made complaints that she was having trouble hearing calls and requested appropriate accommodations for her hearing-related condition. A Broadleaf manager responded to this request by stating that if she could not hear, she could not perform the duties of her job and terminated the employee. Conduent failed to take any corrective action regarding the termination decision. Two consent decrees were signed, providing a total of $120,000 in lost wages and other damages, as well as non-monetary relief to prevent further discrimination by the two companies in the future.

For more information: tinyurl.com/EEOCNewYorkTollsCase

Texas Bar Sued for Pregnancy Discrimination

Corner Bar, out of Austin, Texas, has been sued by the EEOC for discriminating against a pregnant bartender after reducing her hours and ultimately terminating her due to her pregnancy. According to the suit, the bar cut her hours and took her off of the more profitable evening shifts as soon as she became visibly pregnant. She then received a phone call from the business, which informed her of her termination. After pre-litigation settlement efforts failed, the EEOC filed suit with three LLC's that operate Corner Bar. Damages in the forms of back pay, compensatory and punitive damages, and injunctive relief are being sought.

For more information: tinyurl.com/EEOCvCornerBar

Protective Services Agency for Religious Discrimination and Retaliation Sued

A Virginia-based protective services agency has been sued by the EEOC for religious discrimination and retaliation after refusing to allow a male employee to have facial hair as a religious accommodation and removing him from the work schedule after the EEOC complaint was filed. Triple Canopy Inc, which services federal agencies, denied the man's religious accommodation request due to his inability to provide additional substantiation of his religious beliefs and subjected him to intolerable work conditions resulting in his discharge. The EEOC is seeking back pay, compensatory and punitive damages, and equitable relief to prevent future discrimination.

For More Information: tinyurl.com/EEOCvTripleCanopy

Construction Company Ordered to Pay $1.2 Million to Black Workers

Whiting-Turner Contracting Company has been ordered to pay $1.2 million to a class of Black former workers, as well as provide additional relief, after a settlement was reached in a race harassment and retaliation case. The construction management and contracting company was charged by the EEOC with subjecting Black employees to a racially hostile work environment and retaliating against two employees after they complained about the issues. Discriminatory treatment outlined in the complaint included demeaning language and defacement of property. A noose was also displayed in the workplace on Martin Luther King Jr.'s birthday. Rather than address the issues after numerous complaints were made, the company allowed the behavior to continue and fired two of the employees who had complained. The settlement included monetary relief, a strict prohibition of racially charged acts and language at the workplace, the assignment of an EEO liaison to each construction site the company may have, and semi0annual training on Title VII of the Civil Rights Act of 1964.

For More Information: tinyurl.com/EEOCvWhiting-Turner

Shepherd Electric Co. to Pay Over $185,000 to Black Employees

A $185,806 settlement has been reached in an EEOC race discrimination and retaliation suit against Shepherd Electric Co. The Baltimore/Washington DC based electrical distributor will also provide significant relief to the aggrieved employees after being charged with overly disciplining Black employees and retaliating against complainants. In addition to monetary relief, the company will provide training on federal anti-discrimination laws, report future complaints to the EEOC, post a notice regarding the settlement, and are prohibited from engaging in further discriminatory behavior.

For More Information: tinyurl.com/EEOCvShepherdElectric

$210,000 Settlement Reached in EEOC Pay Discrimination Suit

A $210,000 settlement has been reached in a pay discrimination lawsuit between the EEOC and Mechanical Design Systems, Inc (MDS). The heating, ventilation and air conditioning company failed to pay female project managers the same wages as their male colleagues in equal positions and asked the female employees to perform job duties above what male colleagues were asked to do. Affected female employees were more experienced and had obtained more seniority in their positions and had no performance issues. The two female employees named in the lawsuit will receive $210,000 in monetary relief and MDS has also agreed to take additional measures to prevent further discriminatory practices, including enhanced pay and discrimination policies, training for HR and members of management regarding compensation decisions, and the notification of rights to employees. Additionally, one other female (who is still employed with the company) will receive a pay raise to correspond with that of her male counterpart.

For More Information: tinyurl.com/EEOCvsMDSInc

The City of Bloomington's Community and Family Resources Department has a plethora of newsletters for its various programs, in addition to Rights Stuff. From a newsletter for the Council of Community Accessibility to a newsletter dedicated to Global Youth Service Day, there's something for everyone! Check them all out on a list from which you can select and subscribe!

Subscribe: tinyurl.com/cfrdnewsletters

Corrections to May 2023 Edition

Errata: Legal Advocacy Contact Information

Please accept our apologies for the incorrect information regarding Legal Advocacy Month. Updated information for Counsel in the Court and District 10 Pro Bono Project is as follows:

District 10 Pro Bono Project provides free civil legal assistance for residents of Clay, Greene, Hendricks, Lawrence, Monroe, Morgan, Owen, Putnam, Sullivan, and Vigo counties whose income is within qualifying limits. To become a client, you must complete a phone application by calling (812) 339-3610 from 5-7pm on Tuesday nights and 11am-1pm on Thursdays. Unfortunately, due to shortage of staff, unless you're calling during intake hours or have already been accepted as a client, they are currently unable to return calls.

Counsel in the Court, an extension of the District 10 Pro Bono Project, allows for IU Maurer School of Law students, under the supervision of a licensed attorney, to provide brief legal advice in Family Law Cases and help with forms. Counsel in the Court is available on the Second and Fourth Fridays of every month from 12:30-3:00pm. Eligibility requirements include income guidelines, only Family Law cases are accepted, and you must not have an attorney already on retainer. They are located at 301 N. College Avenue 3rd Floor (inside the Justice Building) and can be reached at 812-269-6463 Monday-Thursday from 9am-4pm.

If you feel you have been discriminated against within the City limits, you can contact the BHRC by calling (812) 349-3429 or by emailing us at human.rights@bloomington.in.gov. Or you can submit an online initial intake form and someone will get back to you as soon as possible.

If the alleged discrimination occurred outside of the city limits but within Monroe County, you can contact the Monroe County HRC by calling (812) 349-2525, or emailing the MCHRC at mslk@co.monroe.in.us. Or you can submit an online initial intake form and someone will get back to you as soon as possible.