FIRST WIRELESS GROUP TO PAY $435,000 TO SETTLE EEOC SUIT FOR UNEQUAL WAGES AND RETALIATION

Federal Agency Charged Cell Phone Refurbishing Company With Paying Hispanic Workers Less Than Others and Firing Employees Who Complained

NEW YORK – A New York-based  company that refurbishes cell phones at its factory in Long  Island will pay $435,000 to settle a wage discrimination and  retaliation suit brought by the U.S. Equal Employment Opportunity Commission (EEOC),  the agency announced today.

The EEOC  had charged that First Wireless Group, Inc. engaged in a pattern or practice of  race and/or national origin discrimination against a class of Hispanic workers  by paying them less for doing the same job as Asian employees and by firing  those who complained about the unlawful pay disparity.

According  to the EEOC’s lawsuit (Civil  Action No.03-CV-4990) filed in September 2003 in U.S. District Court for the  Eastern District of New York, after a group of former Hispanic employees became  aware that Asian employees were being paid $1.50 to $2.00 or more per hour for  performing the same work, they circulated a petition asking for equal pay. Rather than looking into the employees’  complaints, the EEOC said, First Wireless responded by firing them and others  they believed were involved.

The case  was resolved pursuant to a four-year consent decree just signed by Judge Joanna  Seybert. The settlement requires that  First Wireless pay $435,000 to a class of victims who came forward and  testified about their discriminatory treatment.  The company must also take substan­tial steps to prevent future  workplace discrimination, including: posting a remedial notice; ensuring that  it has a compensation system in place that does not discriminate; and training  its managers, supervisors and human resource employees on federal laws that  prohibit discrimin­ation. First Wireless  also revised its anti-discrimination policy and complaint procedure and will be  distributing it to all its employees.  The company is also enjoined from discriminating against anyone on the  basis of his or her race or national origin and from retaliating against anyone  who complains about discrimination.

Federal  court will retain jurisdiction over this case for the next four years to ensure  that all obligations under the consent decree are met.

“The  EEOC is particularly concerned when employers retaliate against people who have  the courage to speak out against discrimination,” said EEOC Senior Trial  Attorney Adela Santos. “This is clearly  illegal and we will fight such misconduct.”

EEOC  New York District Director Spencer H. Lewis, Jr. said, “We are pleased that everyone  who stepped forward to testify will be compensated. The EEOC will protect every worker’s right to  a workplace free of unlawful mistreatment by any employer.”

The EEOC is responsible for enforcing federal  laws prohibiting discrimination in employment based on race, color, sex  (including sexual harassment and pregnancy), religion, national origin, age,  disability, and retaliation. Further  information about the Commission is available on its web site at http://www.eeoc.gov.