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RIGHTS STUFF
A Publication of the City of Bloomington Human Rights Commission
March 2023 Newsletter
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Featured in this Newsletter: | |
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Honoring Barbara McKinney
Racial Discrimination
- North Memorial Health to Pay $180,000 to Resolve EEOC Disability
Sexual Discrimination
- Monro, Inc. to Pay $200,000 to Settle EEOC Sexual Harassment Lawsuit
- Safelite AutoGlass to Pay $45,000 to Settle EEOC Sex Discrimination Lawsuit
Accessibility/Disability Issues
- Eye Surgery Practices Agrees to Pay $1 Million and End Discriminatory Policies towards People with Disabilities
- City and County of Honolulu Agree to Improve Paratransit for People with Disabilities
- Town of Greenwich Agrees to Increase Accessibility at Marina to Comply with Americans with Disabilities Act
- EEOC Sues United Labor Agency for Disability
Fair Employment
- EEOC Sues Alternate Solutions Health Network and Inova Home Health for Pay Discrimination
Book of the Month
TED Talk
Complaint of Discrimination
Commission/Staff
- About the Commission
- Upcoming Meetings
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HONORING BARBARA MCKINNEY | |
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The City of Bloomington owes a debt of gratitude to Barbara McKinney. To recount why, here are some of the particulars.
Barbara McKinney began her career with the City of Bloomington in 1989 when she joined the Legal Department as Human Rights Director and Assistant City Attorney for human rights issues. She served in these roles for 33 years. During that time she met with hundreds of Bloomingtonians, compassionately hearing and addressing their concerns and complaints. For decades she provided wise counsel to the Bloomington Human Rights Commission, the City, and residents on vital and complex laws including the Americans with Disabilities Act, the Living Wage Ordinance, Titles VI and VII of the Civil Rights Act, and the Family and Medical Leave Act. She pioneered a wide variety of programs to raise awareness of human rights issues, including the City’s annual human rights art and essay contests for local students; marching on behalf of the Human Rights Commission in the Fourth of July Parade every year, and giving countless talks on human rights issues to landlords and tenants, employers and employees, and providers of public accommodations and their patrons alike. She produced the Rights Stuff newsletter for many years during which it has kept residents informed on civil rights issues. Among her efforts to make Bloomington a broadly accessible city, she partnered with the Greater Bloomington Chamber of Commerce to publish a step-by-step guide to making businesses accessible, and created the Bloomington/Monroe County Special Needs Registry, which provided information to emergency responders about disabled and elderly people, and in 2018 the state recognized Barbara’s excellent work by awarding her the Indiana Municipal ADA/Title VI Coordinator of the Year. One of the services that Barbara is the most proud is that she has helped the City earn a perfect score on the Human Rights Campaign index for eight consecutive years.
In Barbara’s role as the ADA Coordinator her duties required the attention of a well-trained and experienced professional who could effectively handle a variety of responsibilities. She was an excellent ADA Coordinator. She served as primary point of contact for ADA compliance for the City and for citizens in the community. She received a variety of calls from people who had issues with accessible parking spaces, fair housing issues, ramps, disability accommodation requests, service animals, emotional support animals, inaccessible hotel rooms, renovations, and more. Employees, employers, tenants, and landlords trusted her advice.
With insight, legal expertise, and profound common sense, Barbara has done extraordinary work raising public awareness of human rights issues for the betterment of our community. She always kept her office door open as a welcoming place for colleagues to venture in and receive sage advice. Her wit, work ethic, dedication, and ability to get along with just about every person she has met was a marvel. The community should be deeply grateful for Barbara’s decades of excellent work and commitment to protecting and preserving human rights for all Bloomingtonians. Finally, Barbara was an excellent communicator, had great follow through, and displayed a wicked sense of humor (always useful when addressing these kinds of issues). We thank you, Barbara, and wish you well in your retirement!
Photo, by Martin Boling, courtesy of Bloom Magazine
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Exxon Mobil Corporation Sued by EEOC for Race Discrimination | |
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Petrochemical Company Failed to Protect Worker from Harassment after Nooses Were Displayed in Its Baton Rouge Complex
Exxon Mobil Corporation violated federal law by failing to prevent the display of hangman’s nooses at its Baton Rouge Complex. ExxonMobil was sued by a Black employee at its chemical plant in January 2020 after he found a hangman’s noose at his worksite. The EEOC alleges that three other nooses had been displayed at the Baton Rouge complex, and that ExxonMobil failed to take measures to end the harassment.
ExxonMobil’s actions and omissions regarding the noose incidents created a racially hostile work environment, which violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in the U.S. District Court for the Middle District of Louisiana, after first trying to reach a pre-litigation settlement through its conciliation process.
Employers have a legal obligation to take action when they become aware of racially offensive or threatening conduct in the workplace. Michael Kirkland, the director of the EEOC’s New Orleans Field Office, and Elizabeth Owen, a senior trial attorney, noted that a noose is a longstanding symbol of violence associated with the lynching of African Americans. These symbols are inherently threatening and significantly alter the workplace environment for Black Americans.
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Monro, Inc. to Pay $200,000 to Settle EEOC Sexual Harassment Lawsuit | |
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Monro, Inc., owner and operator of more than 1,000 auto care locations across the country, has agreed to pay $200,000 and provide other relief to resolve a sexual harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC's lawsuit alleged that multiple male employees were subjected to physical abuse and sexual comments by a supervisor and coworkers at multiple locations in Illinois and Iowa.
The EEOC filed suit in the U.S. District Court for the Northern District of Illinois (EEOC v. Monro, Inc., Civil Action No. 1:22-cv-00220) alleging that a female employee was subjected to offensive verbal comments and demeaning work assignments due to her sex. The consent decree resolving the EEOC's lawsuit requires Monro to pay $200,000 in monetary relief to four former employees, provide specialized training on sexual harassment to all employees at the stores that were the subject of the lawsuit, and post a notice about the lawsuit and report to the EEOC any future complaints of sexual harassment for a period of two years.
The EEOC is pleased that a fair outcome was reached quickly for the victims of sexual harassment at a company in Chicago. Julianne Bowman, district director of the EEOC's office in Chicago, said it is unlawful for a company to ignore sexual harassment occurring within the workplace. The EEOC will continue to hold employers accountable when they fail to meet their obligations.
For more information: tinyurl.com/MonroArticle
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Safelite AutoGlass to Pay $45,000 to Settle EEOC Sex Discrimination Lawsuit | |
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Vehicle Glass Repair and Replacement Business Refused to Hire Qualified Female Applicant
Safelite AutoGlass, an Ohio-based vehicle glass repair and replacement business, has agreed to pay $45,000 to settle a sex-based discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC's lawsuit alleged that a woman applied for an auto glass technician trainee position in Austin, Texas, despite having two years of experience as a repair technician. The store manager expressed concern about the applicant's ability to lift heavy weight.
The store manager suggested a lower-paying position, but the applicant did not receive a written job offer or hear from Safelite after the interview. Safelite hired two male technician trainees within one week of her job interview.
The EEOC filed a lawsuit against Safelite Fulfillment, Inc. for alleged discrimination based on sex, which violates Title VII of the Civil Rights Act of 1964. The EEOC attempted to reach a pre-litigation settlement through its conciliation process.
The three-year consent decree resolving the suit prohibits sex-based discrimination at Safelite's facilities in Austin, Texas. Safelite is prohibited from denying employment opportunities to women or engaging in any employment practice that discriminates against employees and applicants for employment due to their sex. It also requires Safelite to reissue its written equal employment opportunity policies and provide mandatory training on sex discrimination to all supervisory and/or management employees of its stores in Austin. The EEOC will monitor the compliance with these obligations while the decree is in effect.
The EEOC is committed to eliminating barriers in recruitment and hiring to ensure employment decisions are made based on qualifications and abilities rather than stereotypes. The San Antonio Field Office is part of the EEOC's Dallas District Office, which is responsible for processing charges of discrimination and the conduct of agency litigation in Texas and parts of New Mexico. Robert A. Canino, regional attorney for the Dallas District, noted that premature assumptions made at the front door can limit the overall pool of talent available when staffing up.
The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination.
For more information: tinyurl.com/2mxnwwy7
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ACCESSIBILITY/DISABILITY ISSUES | |
Eye Surgery Practices Agrees to Pay $1 Million and End Discriminatory Policies towards People with Disabilities | |
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The Justice Department has filed a proposed consent decree with Barnet Dulaney Perkins Eye Centers (BDP) and American Vision Partners (AVP) to resolve its lawsuit alleging that the eye care practices violated the Americans with Disabilities Act. The lawsuit alleged that BDP and AVP refused to operate on certain patients who needed assistance transferring from their wheelchairs for surgery and required other such patients to pay for third-party medical transport and transfer assistance. The Justice Department is committed to protecting the civil rights of individuals with disabilities to get the medical care they need.
The U.S. Attorney's Office and the Civil Rights Division have reached an agreement to ensure equal access to health care services for Arizonans with disabilities. Under the decree, BDP and AVP will end their policies of denying surgery and prohibiting staff from providing transfer assistance to people with mobility disabilities. These eye care providers will also train staff on the new policy requirements and on safe transfer techniques, and pay $950,000 to patients and prospective patients who were harmed by its policies and a civil penalty of $50,000.
For more information on the Civil Rights Division, please visit http://www.justice.gov/crt. For more information on the ADA, please call the department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. ADA complaints may be filed online at http://www.ada.gov/complaint.
For more information on this story: tinyurl.com/yc5nfpx2
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City and County of Honolulu Agree to Improve Paratransit for People with Disabilities | |
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The Justice Department announced today that it entered into a settlement agreement with the City and County of Honolulu (Honolulu) under Title II of the Americans with Disabilities Act (ADA) to improve its paratransit. Paratransit is a public service where individuals who are unable to use the regular bus or rail transit system schedule a trip to be picked up and dropped off at their destination. Reserving rides is a key aspect.
This agreement resolves complaints that customers of Honolulu's paratransit service, The Handi-Van, had long telephone hold times or did not have their calls answered. Under the agreement, Honolulu will take immediate steps to lessen hold times and within three years will answer 95% of calls to the service within three minutes and 99% of calls within five minutes. Honolulu will also provide regular reports to the department on its progress under the agreement.
The Justice Department plays a key role in advancing the nation's goal of equal opportunity, full participation, independent living, and economic self-sufficiency for people with disabilities. For more information on the Civil Rights Division, call the department's toll-free ADA Information Line at 800-514-0301 or visit www.justice.gov/crt. ADA complaints may be filed online at http://www.ada.gov/complaint/.
For more information: tinyurl.com/bde8sscf
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Town of Greenwich Agrees to Increase Accessibility at Marina to Comply with Americans with Disabilities Act | |
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Vanessa Roberts Avery, United States Attorney for the District of Connecticut, announced that the U.S. Attorney's Office has reached a settlement agreement with the Town of Greenwich to resolve allegations that a Greenwich marina was not operating in compliance with the Americans with Disabilities Act of 1990. The settlement agreement resolves an ADA complaint filed by an individual with disabilities alleging that Greenwich's Byram Marina has no designated accessible boat slips and no accessible routes to the boat slips. Greenwich is in the process of making significant improvements to the Byram Marina, including improving the accessibility of designated boat slips and the routes to those slips, as well as other accommodations designed to increase accessibility.
The Americans with Disabilities Act (ADA) requires public entities, including municipalities, to provide access to individuals with disabilities. The ADA authorizes the U.S. Department of Justice to investigate complaints and undertake periodic reviews of compliance. The Justice Department is also authorized to commence a civil lawsuit in federal court in any case that involves a pattern or practice of discrimination or that raises issues of general public importance. The Town of Greenwich and its leaders have agreed to work with the Attorney General's Office to increase the accessibility and usability of Greenwich's facilities.
Additional information about the ADA can be found at www.ada.gov, or by calling the Justice Department’s toll-free information line at (800) 514-0301 and (800) 514-0383 (TTY). More information about the Civil Rights Division and the laws it enforces is available at www.justice.gov/crt.
For more information on this story: tinyurl.com/3evpjbyp
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EEOC Sues United Labor Agency for Disability Discrimination | |
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Non-Profit Denied Employee with Breast Cancer Reasonable Accommodations and Forced Her to Resign, Federal Agency Charges
The United Labor Agency (ULA) violated the Americans with Disabilities Act (ADA) by discriminating against an employee based on her disability, breast cancer, the EEOC alleged in a suit filed today. The ULA denied the employee a reasonable accommodation of temporary remote work and subjected her to intolerable work conditions that resulted in her discharge.
The EEOC filed a lawsuit against the United Labor Agency (ULA) for denying an employee's ADA accommodation request to remain on telework for several months while she was undergoing radiation treatments and immunosuppressed. The employee, who had been with ULA for nearly a decade, was forced to resign due to the risk to her health. The ADA prohibits discrimination based on disability and requires employers to provide reasonable accommodations if doing so would not pose an undue hardship. The EEOC seeks back pay, compensatory and punitive damages for the employee, and equitable relief to prevent future discrimination.
Employers must be aware of their obligations under the ADA and comply with temporary medical restrictions of employees receiving ongoing treatments for serious medical conditions, unless it can demonstrate that doing so would pose an undue hardship. EEOC Philadelphia Regional Attorney Debra M. Lawrence and Jamie Williamson emphasize the importance of being well-informed and engaging with the employee before making a decision.
For more information: tinyurl.com/mrmrapzw
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EEOC Sues Alternate Solutions Health Network and Inova Home Health for Pay Discrimination | |
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Home Healthcare Companies Paid Female Employees Less than Newly Hired Male Employees
Inova Home Health, LLC (IHH) and Alternate Solutions Health Network, LLC (ASHN) violated civil rights laws by paying female Post-Acute Care Coordinators (PACCs) less than male PACCs, the EEOC alleged in a lawsuit filed.
The EEOC's lawsuit alleges that female PACCs were paid less than male coworkers for performing equal work under similar working conditions, despite having more job-related experience and seniority. ASHN and IHH refused to adjust female PACCs' wages after receiving a complaint of pay discrimination.
The EEOC filed suit in the U.S. District Court for the Eastern District of Virginia against Alternate Solutions Health Network, LLC and Inova Home Health, LLC for alleged conduct that violates Title VII of the Civil Rights Act of 1964 and the Equal Pay Act of 1963. The EEOC's litigation effort will be led by Senior Trial Attorney Thomas D. Rethage and Assistant Regional Attorney Maria L. Morocco. EEOC will hold employers accountable when they violate this obligation.
The EEOC is seeking back pay, liquidated damages, punitive and compensatory damages, the elimination of pay disparities, and other injunctive relief to correct and prevent future pay discrimination. This is necessary to end wage disparities decades after passage of laws prohibiting sex-based pay discrimination.
For more information: tinyurl.com/yeypjp3v
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The Exceptions: Nancy Hopkins, MIT, and the Fight for Women in Science
by Kate Zernike
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The Exceptions is an inspiring account of the sixteen female scientists who forced MIT to publicly admit it had been discriminating against its female faculty for years, sparking a nationwide reckoning with sexism in science. Written by the journalist who broke the story for The Boston Globe, The Exceptions is the untold story of how sixteen highly accomplished women on the MIT faculty came together to do the work that triggered the historic admission.
Hired at prestigious universities at the dawn of affirmative action efforts in the 1970s, Hopkins and her peers believed that discrimination against women was a thing of the past. Only when they came together after decades of underpayment and the denial of credit, advancement, and equal resources did they recognize the relentless pattern: women were often marginalized and minimized, while men of similar or lesser ability had their career paths paved and widened.
The Exceptions is a powerful story of female scientists who have been overlooked due to 21st-century discrimination. It provides a rare glimpse into the world of high-level scientific research and shows how these women fought for fair treatment.
For more information: tinyurl.com/ExceptionsBook
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“Our Fight for Disability Rights – and Why We’re Not Done Yet”
by Judith Heumann
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Four decades ago, Judith Heumann helped to lead a groundbreaking protest called the Section 504 sit-in--in which disabled-rights activists occupied a federal building for almost a month, demanding greater accessibility for all. In this personal, inspiring talk, Heumann tells the stories behind the protest--and reminds us that, 40 years on, there's still work left to do. Judy Heumann died on March 4th this year. She has been an important figure in the world of disability rights for a long time, and she will be missed. | |
Complaint of Discrimination | |
How Do I File a Complaint of Discrimination? | |
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If you feel you have been discriminated against within the City limits, you can contact the BHRC by calling (812) 349-3429 or by emailing us at human.rights@bloomington.in.gov. Or you can submit an online initial intake form and someone will get back to you as soon as possible.
If the alleged discrimination occurred outside of the city limits but within Monroe County, you can contact the Monroe County HRC by calling (812) 349-2525, or emailing the MCHRC at mslk@co.monroe.in.us. Or you can submit an online initial intake form and someone will get back to you as soon as possible.
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About the Commission/Staff | |
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The mission of the Bloomington Human Rights Commission is to enforce the Bloomington Human Rights Ordinance in a fair and timely manner, to educate community members about their rights and responsibilities under various civil rights laws and to advocate for changes in policies and law. The BHRC is also responsible for ensuring covered bidders comply with the City's affirmative action requirements and for issuing reports on bias incidents and hate crimes in our community.
The BHRC is made up of seven volunteer commissioners, four appointed by the mayor and three by the common council. They all serve two-year terms, The commissioners oversee the work of the BHRC and make policy decisions. When a complaint is filed with the BHRC, one of the commissioners investigates the complaint, along with the director. The BHRC staff is made up of a director and an assistant.
Commission Members:
- Byron Bangert
- Carolyn Calloway-Thomas, Secretary
- Valeri Haughton-Motley
- Eric McAlister, Vice Chair
- Tonya Radewan
- Ryne Shadday, Chair
Staff:
- Michael Shermis, Director
- Ashley Sparks, Assistant
Look over information about Bloomington Human Rights Commission, including meeting minutes and agendas, or contact Human Rights Commission Director Michael Shermis at human.rights@bloomington.in.gov or 812.349.3429.
BHRC
P.O. Box 100
Bloomington, IN 47402
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Commission meetings are on the third Mondays of the month and are open to the public. Please join us! Meetings are held in the McCloskey Room (401 N. Morton Ave.) and online via Zoom if requested in advance. Contact human.rights@bloomington.in.gov for the Zoom link.
- Monday, March 20, 2023, 5:00 p.m.
- Monday, April 17, 2023, 5:00 p.m.
- Monday, May 15, 2023, 5:00 p.m.
We look forward to seeing you! For more information....
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City of Bloomington | Bloomington Human Rights. Commission | 812-349-342
human.rights@bloomington.in.gov | bloomington.in.gov/boards/human-rights
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