John Wieland Homes and Neighborhoods, Inc., an
Atlanta-based home builder, has agreed to pay $378,500 to six
claimants and hire at least ten African-Americans and women into
management positions over the next six years, the U.S. Equal
Employment Opportunity Commission (EEOC) announced today. The
agreement resolves a race and sex discrimination lawsuit filed by the
EEOC in June 2009.
The EEOC lawsuit had charged that the company unlawfully engaged in
a pattern or practice of discrimination against black sales agents by
intentionally assigning them to housing communities based on the race
of the surrounding community. The lawsuit charged that these practices
resulted in black agents earning less than their white counterparts,
who were assigned to housing communities where they sold higher-priced
homes. The EEOC also alleged that a white human resources
representative was harmed when she was forced to participate in the
alleged discriminatory assignment practices. The settlement provides
monetary relief to five African-American sales agents and the white
human resource representative.
The lawsuit also resolves pending charges that the company failed
to hire and promote African-Americans and women into management
positions. In the consent decree settling the suit, the company agreed
to exercise good faith in hiring qualified blacks and women “at or
reasonably near [their] qualified applicant rates” for management
positions. Pursuant to the decree, the company will meet specific
hiring goals by offering African-Americans and females at least 10
management positions within six years. At least five of the positions
are to be filled within the first three years of the decree, although
all positions may be filled sooner than the deadlines set forth in the
decree.
In terms of the benefit provided to the two affected groups, the
EEOC estimates the monetary relief to be in the neighborhood of one
million dollars in salaries and fringe benefits for one year.
Wieland will also implement nondiscriminatory hiring measures which
include targeted recruitment and advertising, and training for
positive EEO management practices. The company has also pledged to
continue to supply diversity training to its executive and management
personnel who participate in the recruiting and hiring process. The
decree also provides for reporting and record keeping.