December 29th, 2009
The U.S. Equal Employment Opportunity Commission recently obtained a court judgment of $1,073,261 against Whirlpool Corporation in a race and sex discrimination lawsuit on behalf of Carlota Freeman, an African American former employee at the company’s LeVergne, Tenn.-based facility. According to the lawsuit, Whirlpool failed to protect Freeman from persistent harassment by a white male coworker, which ultimately resulted in her being physically assaulted by him. The Court agreed.
Following a bench trial, Tennessee District Court Judge John T. Nixon awarded Freeman $773,261 in back pay and front pay, and $300,000 in compensatory damages for non-pecuniary injuries – the maximum allowed under federal law. During the four-day trial, the evidence showed that Freeman reported escalating offensive verbal conduct and gestures by the male coworker over a period of two months before he physically assaulted her; four levels of Whirlpool’s management were aware of the escalating harassment; Whirlpool failed to take effective steps to stop the harassment; and, Freeman suffered devastating permanent mental injuries that will prevent her from working again as a result of the assault and Whirlpool’s failure to protect her.
In its defense, Whirlpool claimed that it had posted its anti-discrimination and harassment policies in the workplace and thereby relived itself from liability. However, the court correctly pointed out that when those charged with enforcing a policy don’t take that responsibility seriously, an employer has not met its duty under Title VII to prevent and stop illegal harassment in its workplace.
Posted in Employment Litigation | Comments Off
October 21st, 2009
Vincent F. Sabatini an attorney with Sabatini and Associates, LLC represented the potential buyer of a 3.5 acre parcel of land located in Newington, CT. The client wanted to develop the land. However the town’s wetlands map showed that most of the parcel was wetlands. A soils expert was retained to conduct a survey of the land to determine if the town’s wetland map was accurrate. The soil expert determined that the map was not correct. Based on the report, an application was submitted to the town’s Conservation Commission. This commission has jurisdiction over wetlands. The application requested the commision to amend the wetland line to conform to the soils report. After public hearing the application was approved. The wetlands line was moved allowing the land to be developed.
Posted in Land Use and Zoning | Comments Off
October 21st, 2009
Sabatini and Associates, LLC represented a religious sect which desired to have its clergy reside on the premises where the temple was located. A review of the local zoning ordinances in Newington, CT, revealed that the regulations did not contain any reference to housing for religious clerics. A survey of various religious institutions in Newington revealed that despite the lack of regulations permitting housing for religious clerics, many were in existience. Sabatini and Asociates, LLC attorney Vincent F. Sabatini drafted an amendment to the zoing regulations which would allow places of worship to have clerics reside on the same premises as the place of worship. The application for an amendment was filed and after public hearing the Plan and Zoning Commission unamiounisly approved the same. The regulation is now in effect.
Posted in Uncategorized | Comments Off