Cardinal Health a global health care services and products company has agreed to pay $1.45 million in a racial harassment, retaliation and workplace discrimination lawsuit filed by the U.S. Equal Employ-ment Opportunity Commission (EEOC).
Workplace Racial Harrassment Lawsuit in California
AppleOne Staffing offers employment services within the country and globally. Cardinal Health is an international, integrated healthcare services and products company that offers customized solutions for hospitals, health systems, pharmacies etc.
As per EEOC, the African American employees directly employed with Cardinal Health or assigned by AppleOne, a staffing agency in California, were subjected to ongoing racial harassment.
When the employees complained about the ongoing harassment neither Cardinal Health nor AppleOne took any corrective action. They allowed the hostile work environment to fester.
Moreover, the employees who complained were retaliated against, disciplined and terminated from their jobs. Few others who were not terminated were forced to quit as it was difficult to continue working in those conditions.
After trying to attempt to reach a pre-litigation settlement, the EEOC filed a suit against Cardinal health and AppleOne Staffing in U.S. District Court.
To resolve the lawsuit, Cardinal Health has agreed to pay $1.45 million in monetary relief. Apart from monetary relief both Cardinal Health and AppleOne Staffing have agreed to separate two-year consent decrees.
According to the judgement the companies should include injunctive relief for preventing workplace harassment, discrimination and retaliation.
The companies are required to retain an equal employment opportunity monitor, conduct regular audits, review and revise policies to prohibit any form of discrimination, ensuring all the direct and temporary employees are aware of the policies and establish an internal complaint procedure.
Both Cardinal Health and AppleOne Staffing have agreed to maintain a toll-free complaint hotline to offer discrimination training to all their employees. Cardinal Health also agreed to extend the decree for an additional year if suggested by the EEO monitor.
The decrees are expected to remain under the court’s jurisdiction for a minimum of a two-year term.
Racial Discrimination in Workplace in California
Both California Law and Federal Law prohibit any form of discrimination in the workplace, based on an individual’s race, color, ethnicity, national origin, gender.
Any kind of racial discrimination in employment practices like advertising for job openings or positions, hiring, transferring, promoting, working conditions etc. is considered illegal.
The Department of Fair Employment and Housing (DFEH) enforces state laws making it illegal for any employer to discriminate against a job applicant or employee because of their protected characteristics.
The Fair Employment and Housing Act (FEHA) applies to all public and private employers, labor organizations and employment agencies having five or more than 5 employees.Filing a Discrimination complaint against the Employer
Under California law, employees who have been discriminated against at their workplace because of their race can file a lawsuit against their employers for unlawful discrimination.
An employee is required to file a complaint with the DFEH or EEOC before filing a lawsuit in civil court. They are required to obtain a “right to sue” notice before filing a claim in court.
The employee can request for an immediate right to sue notice, without going through a DFEH or EEOC investigation. However, once a Right-to-Sue notice is received the case can no longer be investigated by DFEH.
The complaint is served upon the employer or any person named in the lawsuit. The defendants are required to respond with a formal answer responding to the allegations. At any point during the trial, the employer and employee can negotiate and settle the case out of court.
Workplace Discrimination Lawyers California
If you believe you or your family member has been discriminated against at the workplace, contact our team of professional lawyers at Khashan Law on 951-461-2387 to schedule an initial, free consultation.
We will review your case and explain to you California’s discrimination laws and the options available to you to seek justice.