Employment Law Updates | New Settlements and Verdicts
March 4, 2009
Pitt-Ohio to Shell Out $2.43M in Gender Discrimination Case
EEOC v. Pitt-Ohio Express, Inc.
No. 1:2006 cv 00747, U.S. District Court for the Northern District of Ohio, 1/23/2009
Holding:
Pitt-Ohio Express, Inc. (“Pitt-Ohio”), an interstate trucking firm, has agreed to pay $2.43 million and provide other remedial relief to a class of women to settle a major sex discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (“EEOC”). Specifically, the comprehensive relief obtained by the EEOC included $2.43 million for the class of women denied employment. Non-monetary relief included offers of employment to women who should have been previously hired as drivers and dock workers and equal employment opportunity training to all supervisors and managers, as well as reporting and monitoring provisions.
Detailed Summary:
In its complaint, the EEOC alleged that Pitt-Ohio discriminated against Pamela Moher (“Moher”) when it failed to hire her based on her sex, that since September 1, 1997 it discriminated against women in failing to hire them in driver and dockworker positions in its Ohio terminals and engaged in recordkeeping violations. Pitt-Ohio however denied all of these allegations.
According to company information, Pitt-Ohio is a regional carrier specializing in short-haul transporting, providing direct service to over seven states in the northeastern United States. The company is headquartered in Pittsburgh and has terminals in Cleveland, Columbus, Cincinnati and Toledo.
On the other hand, EEOC is responsible for enforcing federal laws prohibiting employment discrimination based on race, color, religion, sex, national origin, age, disability, and retaliation.
Under the Consent Decree, Pitt-Ohio shall conduct equal employment opportunity (“EEO”) training to be attended by its executives, managers, supervisors, human resources staff and recruiters from its corporate headquarters and Ohio terminals, and any other employees at corporate headquarters and the Ohio terminals coming in direct contact with prospective applicants or involved in the recruitment, selection and hiring process.
In addition, Pitt Ohio shall train all newly-hired and newly-promoted management or supervisory staff, and other staff involved in the application and hiring process at its corporate headquarters or Ohio terminals on equal employment opportunity law, within 90 days after their hire, promotion or transfer. To satisfy this requirement, Pitt-Ohio may substitute viewing of a video presentation of the original training session, provided a qualified trainer attends to answer questions. Pitt-Ohio shall be responsible for the cost of training it conducts under this Agreement subject to other terms of this Agreement.
In addition to the steps of training and appointment of an ombudsperson, Pitt-Ohio will help assure management and supervisory accountability in effecting the terms of the Consent Decree in its Ohio facilities, such as by directing managers and supervisors to carry out their supervisory responsibilities so as to achieve compliance with Pitt-Ohio’s policy or policies prohibiting unlawful employment discrimination and/or retaliation; and taking corrective action, which may include discipline up to and including discharge of any supervisor or manager who violates Pitt Ohio’s policy or policies prohibiting unlawful employment discrimination or retaliation.
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