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EEOC announces national origin settlement with Washington state-based staffing firm

March 30, 2023

The US Equal Employment Opportunity Commission announced it entered a conciliation agreement with R & SL, which does business as Total Employment Management, a staffing firm headquartered in Washington state, to resolve a national origin discrimination and retaliation charge. The firm has agreed to pay $276,000 in the agreement.

According to the EEOC, the company imposed a no-Spanish rule, without adequate business justification to support it. The firm also alleged five employees were fired from two of the company’s Washington locations for opposing the rule and continuing to speak Spanish.

The EEOC noted that such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits national origin discrimination and retaliation against persons who oppose illegal discrimination.

“Employers should think twice before imposing limitations on what languages are ‘allowed’ to be used at work,” said Elizbeth Cannon, director of EEOC’s Seattle Field Office. “Unless there is a legitimate business necessity, such policies are likely to discriminate against workers based on their national origin. We commend [Total Employment and Management] for engaging in the conciliation process and agreeing to take meaningful, comprehensive steps to remedy the issue.”

According to the terms of the four-year conciliation agreement, Total Employment Management will — in addition to the $276,000 — update policies and procedures in English and Spanish; provide an alternative, anonymous complaint process for employees; promptly respond to and investigate complaints of harassment and discrimination; and train all Washington state-based employees.