Exel under EEOC investigation

Mon, 09/17/2007 - 8:41am
By: Ben Nelms

A former employee at Exel’s Fairburn facility is being represented by U.S. Equal Employment Opportunity Commission (EEOC) in a sexual harassment law suit filed Sept. 7.

The suit charges that Darius Baugh was unlawfully fired in retaliation for reporting male-on-male sexual harassment, according to EEOC’s Regional Attorney for the Atlanta District Robert Dawkins.

According to the EEOC suit filed in U.S. District Court for the Northern District of Georgia, Excel Corporation violated Title VII of the Civil Rights Act of 1964 by firing Darius Baugh from his job as a fork lift operator at Exel's Fairburn location after Baugh filed a formal charge of sexual harassment with the EEOC. Baugh had complained to his supervisors at Exel that he had been harassed by a male co-worker.

"Darius Baugh acted within his legal rights when he filed a charge with the EEOC, and should not be punished for that," Dawkins said. "The EEOC is committed to preventing and correcting this type of unlawful retaliatory behavior by employers. Employees must be able to report incidences of employment discrimination without fear of losing their jobs."

Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees who engage in statutorily protected activity such as reporting or opposing sexual harassment in the workplace. The EEOC filed suit after first attempting to reach a voluntary settlement.

According to Exel’s website, the Westerville, Ohio-based warehouse and distribution company provides contract logistics services, global forwarding through its sister company DHL, consultancy, information and other services. Exel has over 300 locations nationwide, including 14 facilities in the Atlanta region.

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XvolunteerFF's picture
Submitted by XvolunteerFF on Mon, 09/17/2007 - 8:27pm.

The EEOC’s Regional Attorney for the Atlanta District Robert Dawkins gets evaluated on the number of successful cases won. Does anyone think he might not be impartial?

Normally, after a mediation fails a "Right to Sue" letter is issued and an employee finds a private attorney to take their case. Since Exel is a large company could this be a career maker?

I'd be interested to know if there is any more than he said, he said. I'd also be interested in what reason was stated on Darius Baugh's separation notice.

I have found that when an employee has performance issues (hopefully documented or accurate performance reviews) and is close to being terminated they suddenly report an EEOC complaint thinking if they are then fired they have a case.

If Exel acted inappropriately, they need to be dealt with.

The EEOC is the ADVERSARY in a court case. It is interseting this article is so one sided. Maybe the government should issue the EEOC a gag order. If the charge is unfounded, I hope that is reported as prominently.

Oh, by the way how much in legal fees do you think this will cost Exel to defend? It could be $100,000 to $250,000 or more to defend. I hope the EEOC pays their cost if they lose. I wonder if Darius Baugh can be sued if he filed a false charge?


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