U.S. Equal Employment Opportunity Commission
Employee Alleged Staffing Agency Failed to Reinstate Her After She Complained About Discrimination
FRESNO, Calif. - United Staffing Associates, LLC, a Visalia, Calif.-based staffing agency, will pay $24,500 and provide other relief to settle a charge of retaliatory discrimination filed with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
The charge filed with the EEOC asserted that the employee had been placed by United Staffing at the same location for seasonal work since 2006. The charge further contended that the employee filed a discrimination charge with the EEOC at the end of the 2014 season. After the employee filed the complaint, she alleged that she was not recalled to work for that location by United Staffing at the start of the next season, nor did the staffing agency place her at any other location. The EEOC investigated the allegations and found reasonable cause to believe that United Staffing was liable for discriminatory retaliation, in violation of Title VII of the Civil Rights Act of 1964.
Without admitting liability, the company agreed to enter into a two-year conciliation agreement with the EEOC and the alleged victim, thereby avoiding litigation. Aside from the monetary relief, United Staffing agreed to reinstate the employee and place her on an active assignment list, make reasonable efforts to place her in positions and provide her a neutral reference. The company also agreed to appoint an equal employment opportunity consultant to ensure that the company revises its current policies; provides effective training for all employees on discrimination and retaliation; establishes a centralized tracking system for all discrimination complaints; and reports any new discrimination complaints to the EEOC. The federal agency will monitor compliance with this agreement.
"When a company retaliates against an individual for reporting discrimination, they are chilling other employees from reporting such workplace abuses," said Melissa Barrios, director of the EEOC's Fresno Local Office. "We commend United Staffing Associates for working with the EEOC to resolve this complaint and to ensure that employees are protected from retaliation there in the future."
Eliminating policies and practices that discourage or prohibit individuals from exercising their rights under employment discrimination statutes, or that impede the EEOC's investigative or enforcement efforts, is one of six national priorities identified by the Commission's Strategic Enforcement Plan (SEP).
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.