Wednesday, July 22, 2009

LEGAL BRIEF: Janitorial Service Screened Out Qualified Black Applicants

The Legal Brief gives everyone an idea of some of the types of cases that EEOC litigates, provides information on anti-discrimination legal proceedings/court rulings, and identifies some of the specific race-based issues that other Blacks have faced and challenged in the workplace. The Legal Brief also provides insight into the arguments presented by EEOC and the defenses offered by employers. This information may be helpful to workers, who may be considering filing a complaint or seeking legal counsel, as well as to employees who feel they are becoming embroiled in race-related issues at work.

This legal brief is about racially discriminatory hiring practices in Chicago. A janitorial service had a high number of Black applicants, but very few Black workers. In fact, Black workers made up less than 2% of their labor force. According to the EEOC, the janitorial service screened out many qualified Black applicants in order to discriminate against them. For more details on this case, see below:

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MAJOR CHICAGO CLEANING SERVICES PROVIDER SUED BY EEOC FOR RACE DISCRIMINATION
African American Employees Almost Unknown at Scrub, Inc., Federal Agency Charges

CHICAGO – Scrub, Inc., a Chicago janitorial services provider, violated federal law by discriminating against African Americans in hiring, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a race discrimination lawsuit announced on July 15th.

The EEOC’s administrative investigation which preceded the lawsuit revealed that although African American workers were a significant segment of Scrub’s labor market and applied for jobs in large numbers, they consistently made up less than two percent of Scrub’s work force.

Scrub provides janitorial services to the airline industry (at O’Hare International Airport), the hospitality industry and private schools.

Race discrimination in hiring violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (EEOC v. Scrub, Inc., Civil Action No. 09 Cc 4228) in the U.S. District Court for the Northern District of Illinois, Eastern Division; the case was assigned to District Judge Suzanne Conlon, Before filing, EEOC first attempted to reach a voluntary settlement through its conciliation process.

“This employer’s hiring practices systematically screened out numerous qualified black victims, and we are suing to seek justice on their behalf,” EEOC Acting Chairman Stuart J. Ishimaru said.”

The EEOC is seeking back pay, compensatory and punitive damages for Scrub’s discrim­ination victims. The agency also seeks injunctive relief, including rightful-place hiring of African Americans, training, and instituting policies, practices and programs which provide for equal employment opportunity for black applicants and workers.

John Hendrickson, the EEOC’s regional attorney in Chicago, said, “Assuring the freedom to compete for jobs on a level playing field is one of the fundamental components of the EEOC’s mission. Race discrimination makes free and fair competition impossible, and such discrimination is prohibited by the laws we are charged with enforcing.”

John P. Rowe, director of the EEOC Chicago District Office, said, “The EEOC made good-faith efforts to remedy the situation through voluntary conciliation. The agency has now determined that we need to move to the next step provided by law and challenge the discrimination 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.

Source: http://www.eeoc.gov/press/7-15-09a.html

14 Comments:

Anonymous Lisa said...

I want to start off by apologizing because my comment will be off topic; but I just want to know what you thought of President Obama's comments in regards to the arrest of a Harvard Professor. I personally was angered by police officers having the audacity to release a statement telling Obama to get his facts straight before releasing a comment that (what they're claiming) undermines officers. The statement they released also expressed that the president's comments will likely cause officers to second guess themselves. All I have to respond to that is Great! Wonderful! I want to clearly state that not all officers fit into this category, but for those who do: Many officers need to second-guess themselves because they unfairly use racial profiling which is "stupid". The President hit the nail on the head; and I am so proud, and respect him so much for having the hutzba to say it like it is!

8:51 PM  
Blogger ArealBuildingServices said...

This comment has been removed by the author.

5:21 AM  
Blogger Eronn said...

Hi, we just had our building cleaned by Cleaning Services Fredericton , who were very professional & discreet. I highly recommend them.

4:03 AM  
Anonymous Anonymous said...

Just want to comment on Scrub Inc.
Scrub is a wonderfull company that exceeds it's compatition in services provided. Having worked with several cleaning companies in the past 20 years, I've found Scrub to deliver the best service of all the other companies I've delt with. Scrub has been a great supporter of the Chicago polish community and it's commitment to hiring from this community is a major reason for Scrubs success.

12:53 PM  
Anonymous PhenomenalchicaIam said...

To Anonymous,

It's that kind of mentality that caused the legal problem & outcome for Scrubs Inc. I am certain that $3 million loss was not included in its 2010 projection. Other communities exist beyond that of the Polish community that could've have made Scrubs more successful. STOP SPREADING & FEEDING INTO SUCH IGNORANCE... as you can see, it's not beneficial!!!

3:11 PM  
Anonymous Anonymous said...

I am really happy Scrubs are getting sued we all. Should be treated the same I am one of the person were contacted because I applied for the job and by me being African American (black). The looked right pass my application now I am getting paid for there faults an hope they wake up and make a change so Scrubs is not a good company they don't have the right people in charge

3:11 PM  
Blogger Mac said...

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Anonymous daniel684 said...

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4:56 AM  
Blogger The P.A.R. Institute said...

You must be Polish or some body working in the Scrubs Office, Scrub, Inc. Continues to practice discrimination, using the Mexican from Mexico to stop Blacks, just resigned last year just before Thanksgiving, because a Mexican "Non Citizen" lied on me a black American who's father died on a Viet Nam tour, for all of our freedom, and "you"/they just told me that I could have a settlement with the Scrub/AirCheck taking the Blane for how they treated me! This what the Lord says: Go to Hell!

1:12 PM  
Blogger The P.A.R. Institute said...

January 29th 2016 Scrub is still discriminating!

1:15 PM  
Blogger The P.A.R. Institute said...

January 29th 2016 Scrub is still discriminating!

1:15 PM  
Blogger The P.A.R. Institute said...

You must be Polish or some body working in the Scrubs Office, Scrub, Inc. Continues to practice discrimination, using the Mexican from Mexico to stop Blacks, just resigned last year just before Thanksgiving, because a Mexican "Non Citizen" lied on me a black American who's father died on a Viet Nam tour, for all of our freedom, and "you"/they just told me that I could have a settlement with the Scrub/AirCheck taking the Blane for how they treated me! This what the Lord says: Go to Hell!

1:15 PM  

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