PHOENIX - Swift Aviation Services, Inc., a Phoenix aeronautical
services company, will pay $50,000 and furnish other relief in order to
settle a lawsuit filed by the U.S. Equal Employment Opportunity
Commission (EEOC). The agency announced the decision this week.
The EEOC claimed in its suit that Swift Aviation violated federal law
when it subjected former employee Adam Donmez to unlawful harassment
because of his Turkish/Palestinian national origin and because he is
Muslim. The alleged harassment
included statements from supervisors such as, "I don't know why we don't
just kill all them towelheads"; asking Donmez why he was "dressed like
[he was] gonna blow up the World Trade Center"; and derogatory jokes
about Arabs. The EEOC also claimed
that Donmez reported the harassment to another supervisor, but Swift
Aviation failed to stop the harassment. Ultimately, the harassment was
so bad that Donmez was forced to resign his employment, according to the
EEOC.
Harassment based on national origin or religion violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (EEOC v. Swift Aviation Group, et al,
Case No. 2:12-cv-01867-MHB in U.S. District Court for the District of
Arizona)
after first attempting to reach a voluntary settlement through its
conciliation process. The consent decree settling this case, which was
entered on July 24, 2013, requires Swift Aviation to provide $50,000 in
monetary relief to Donmez, including
back wages and compensatory damages. The decree also permanently
prohibits Swift Aviation from subjecting any employee to harassment or
retaliation based on national origin or religion, and requires the
company to provide training to its managers
and employees and to notify the EEOC about future harassment complaints.
"Today's settlement serves as a message to employers that national
origin and religious discrimination is a violation of federal law and
will not be tolerated," said Regional Attorney Mary Jo O'Neill of the
EEOC's Phoenix District Office.
"Employers have obligations to their employees, and when employers
choose not to meet those obligations, the EEOC is prepared to pursue all
appropriate means to hold them accountable."
Rayford O. Irvin, director of the EEOC's Phoenix District Office,
added, "This action shows the EEOC's unwavering commitment to
eradicating national origin and religious discrimination in the
workplace. We are pleased that an agreement could be
reached this early in the litigation."
Swift Aviation is a commercial business at Phoenix Sky Harbor
International Airport that provides aeronautical services such as the
fueling and hangaring of aircraft and aircraft maintenance. The company
is incorporated in Arizona.
The EEOC's Phoenix District has jurisdiction over Arizona, Colorado,
Wyoming, Utah, and part of New Mexico (including Albuquerque). The EEOC
is responsible for enforcing federal laws against employment
discrimination. Further information is
available at www.eeoc.gov.
Source: http://www.eeoc.gov