Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

EEOC Settles Lawsuit Alleging Sex Discrimination Against Males

Author: Scarinci Hollenbeck, LLC

Date: April 25, 2014

Key Contacts

Back

The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it is settling the sex discrimination lawsuit filed against Ventura Corporation. Ventura, based in Puerto Rico, is the wholesaler of beauty products, jewelry and other personal care items to retail sellers. This case should serve to remind us that discrimination is not just a “one way street.”

The EEOC’s lawsuit alleged that Ventura engaged in a pattern of refusing to elevate male applicants into Zone Manager and Support Manager positions. The case arose upon the complaint of employee Erick Zaya, who was promoted to be a Zone Manager only after he complained about the discriminatory practices. However, once promoted, it was alleged that Ventura set him up for failure and termination in retaliation for his complaints regarding the sex-based hiring practices.

Complicating the case, the EEOC charged that Ventura lost or destroyed a significant amount of important evidence, including job applications from qualified male applicants and emails from important decision-makers. If true, this would have constituted “spoliation,” which is the intentional destruction of evidence. As a result, the EEOC sought sanctions against Ventura. The court, agreeing with the EEOC, indicated that if the case proceeded to trial, it would instruct the jurors that they could assume that the missing evidence would support the EEOC’s allegations.

Ventura has agreed to pay $354,250 to settle the lawsuit, which includes $150,000 to be paid to the complainant. The remainder of the settlement funds will be distributed to a class of qualified male job applicants who applied, but were not considered by Ventura for Zone Manager or Support Manager positions from 2004 to present.

The settlement also requires Ventura to implement a detailed applicant tracking system and actively promote the accountability of supervisors for discrimination prevention. Ventura must provide anti-discrimination training to all of its employees, including specific training to managers who play a role in the hiring process. Finally, the EEOC is requiring Ventura to provide the agency with bi-annual hiring reports for three years.

“This case is another reminder that federal law protects both men and women from gender discrimination,” said Robert E. Weisberg, regional attorney for the EEOC’s Miami District Office. “We are pleased that we have been able to secure relief not only for Mr. Zayas, but also for the many qualified applicants who were not considered by Ventura for employment simply because they were male.”

If you have any questions about this case or would like to discuss sex discrimination in the workplace, please contact me, or the Scarinci Hollenbeck attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
Types of Business Law Services Companies Actually Use post image

Types of Business Law Services Companies Actually Use

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Types of Business Law Services Companies Actually Use"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!