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Saturday, January 8, 2011

Discrimination Suit Against Clear Channel

Clear Channel properties in New Orleans include urban-themed stations Q93.3 FM and 98.5 WYLD-FM, and urban gospel station 1280 WODT-AM.Q93.3 and 98.5 WYLD-FM were the two top-rated stations in New Orleans in the most recent Arbitron ratings report.

There are seven black account execs who have attained council and filed a discrimination suit against the radio giant in that market. The executives accuse Clear Channel of paying lower commissions for advertising sales tied to local stations that reach a predominantly black audience.

They further charge that white account executives were given leads on preferred advertisers, hampering the earning potential of black salesmen and saleswomen.

Clear Channel rep Lisa Dollinger issued a press statement that read: “Clear Channel does not discriminate in its hiring or employment practices. These charges are totally baseless and without merit.”The company’s website touts the diversity of its employees as one of Clear Channel’s “greatest strengths” and stresses a zero tolerance for discrimination of any kind.

Thursday, January 6, 2011

LEGAL BRIEF: EEOC Files Nationwide Hiring Discrimination Lawsuit Against Kaplan Higher Education Corp.

Company’s Use of Job Applicants’ Credit History Discriminates Because of Race, Federal Agency Charges

CLEVELAND – Kaplan Higher Education Corporation, a nationwide provider of postsecondary education, engaged in a pattern or practice of unlawful discrimination by refusing to hire a class of black job applicants nationwide, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it announced today.

Since at least 2008, Kaplan Higher Education has rejected job applicants based on their credit history. This practice has an unlawful discriminatory impact because of race and is neither job-related nor justified by business necessity, the EEOC charged in its lawsuit.

As a result of these practices, the company has violated Title VII of the Civil Rights Act of 1964, according to the lawsuit (Civil Action No. 1:10-cv-02882) filed by the EEOC’s Cleveland Field Office in U.S. District Court for the Northern District of Ohio. It is a violation of Title VII to use hiring practices that have a discriminatory impact because of race and that are not job-related and justified by business necessity.

The EEOC attempted to reach a voluntary settlement before filing suit. The EEOC seeks injunctive relief in its lawsuit, as well as lost wages and benefits and offers of employment for people who were not hired because of Kaplan Higher Education’s use of job applicants’ credit history.

“Title VII of the Civil Rights Act of 1964 was intended to eliminate practices that serve as arbitrary barriers to employment because of a job applicant’s race,” said Regional Attorney Debra Lawrence of the EEOC’s Philadelphia District Office, which oversees Pennsylvania, Delaware, West Virginia, Maryland, and portions of New Jersey and Ohio. “Employers need to be mindful that any hiring practice be job-related and not screen out groups of people, even if it does so unintentionally.”

Workplace discrimination charge filings with the federal agency nationwide rose to an unprecedented level of 99,922 during fiscal year 2010.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at