Nationwide Freight Management Company Sued by EEOC for National Origin Discrimination

Source: U.S. Equal Employment Opportunity Commission (EEOC)

SHELBY, N.C. – A nationwide freight management company violated federal law by refusing to hire non-Hispanics, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it filed yesterday.

According to the EEOC’s lawsuit, from around October 1, 2002, through June 30, 2004, the Fort Smith, Ark.-based company engaged in unlawful employment practices by refusing to hire an entire class of people for non-management positions at its Shelby, N.C., facility because of their non-Hispanic national origin. The complaint said the company hired predominantly Latinos to the exclusion of equally or more qualified non-Latinos.

“Discrimination based on national origin is simply illegal, regardless of the background of the victims or the beneficiaries of that misconduct,” said EEOC Acting Chairman Stuart J. Ishimaru. “The EEOC is here to fight such unlawful behavior.”

National origin discrimination violates Title VII of the Civil Rights Act of 1964. The EEOC filed its lawsuit in U.S. District Court for the Western District of North Carolina, Asheville Division after first attempting to reach a voluntary settlement. The agency seeks back pay for the discrimination victims, along with compensatory and punitive damages and injunctive relief.

“This case represents the unfortunate reality that some employers are willing to discriminate against one racial or cultural group in favor of another,” said Lynette Barnes, regional attorney for the EEOC’s Charlotte District Office. “The EEOC will continue to scrutinize allegations of this sort of misconduct and, when necessary, pursue them in court.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on the agency’s web site at www.eeoc.gov.

For more information about employment discrimination laws, or how to protect your company against potential liability, please contact Berkshire Associates at 800.882.8904 or email bai@berkshireassociates.com.