TA Dedicated and Transport America to Pay $460,000 in EEOC Sexual Orientation and Retaliation Settlement

Background:

CLEVELAND – TA Dedicated (formerly known as Transport America) and Transportation Enterprise Services, trucking companies operating under the parent TFI International, Inc., will pay $460,000 and provide significant equitable relief to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that the companies subjected two gay mechanics to harassment and retaliation because of their sexual orientation.

Allegations:

According to the EEOC's lawsuit, beginning in late 2018, workers and supervisors at the TA Dedicated facility in North Jackson, Ohio, harassed two mechanics because they were gay. This harassment included frequent use of gay slurs and other derogatory comments, physical violence, inappropriate contact, defacement of uniforms, and other hostile behaviors. Despite human resources and management officials being aware of the harassment, they failed to take effective action to stop it. Instead, after reporting the harassment, the mechanics suffered further harassment and retaliation, including being fired or forced to quit.

Settlement:

The EEOC filed suit (EEOC v. TA Dedicated, Inc. d/b/a Transport America and TForce TL Holdings USA, Inc. d/b/a Transportation Enterprise Services, Case No. 1:23-cv-01802) in U.S. District Court for the Northern District of Ohio after attempting to reach a pre-litigation settlement through its administrative conciliation process. The multi-year consent decree resolving the lawsuit requires the trucking companies to provide back pay and more than $300,000 in compensatory and other statutory damages to the two victims. Additionally, the decree enjoins the companies from future discrimination based on sex, including sexual orientation and gender identity, and from retaliation.

Key Takeaways:

• The companies will pay $460,000, including back pay and compensatory damages, to the two mechanics.
• The companies are prohibited from discriminating against employees based on sex, sexual orientation, or gender identity.
• Creation of a third-party, toll-free hotline for employees to report sex discrimination or retaliation, with an option for anonymous reporting.
• The decree requires prompt investigation of complaints and better quality investigations.
• The companies must allow EEOC monitoring and review of periodic reports.

Conclusion:

The settlement not only provides significant compensation to the affected mechanics but also implements measures to prevent future occurrences of discrimination and retaliation. These steps aim to ensure a safer and more inclusive work environment for all employees across TA Dedicated's locations nationwide. The establishment of a third-party hotline and mandatory reporting protocols underscores the importance of addressing and preventing harassment in the workplace.