Unequal pay, retaliation alleged in Lakota woman's lawsuit against Crescent Electric Supply Company.
March 22, 2014 - A Rapid City woman is claiming a local company, including several of its top administrators, sexually discriminated against her by paying her less than her male co-workers, for performing commensurate sales duties, and then denying her any sales commissions for the contracts she won. She was then, allegedly, retaliated against by company officials when she complained.Lisa Davis is seeking actual and punitive damages from Crescent Electric Supply Company for what she calls the company's "reckless disregard" of her federally protected rights, under the. Equal Pay Act of 1963, and the Lilly Ledbetter Fair Pay Act of 2009.
Davis, who had worked at the electric supply company since 2005, filed the lawsuit in February, 2012 in the United States District Court.
In the petition, Davis claims that after successfully working in a clerical position for the company for more than four years, she was recruited to fill a sales position.
After working in her new sales position for six months, and winning more than $1 million in sales contracts for the company, she inquired about her commissions, and was told that she would not be paid any. Shortly thereafter, she was removed from her sales position and placed in the company’s warehouse for a month, before she was moved again; this time to a position in which she was directed to provide clerical support for the in-house male sales reps.
Subsequently, the lawsuit claims, commissions on Davis' sales were paid out to various male sales reps that she worked with, while she was never paid any commissions at all. After she filed her complaint with the Chicago regional EEO office, Davis alleges she was retaliated against by company officials, including James Sullivan, Regional Manager for Crescent Electric Supply.
The EEO issued “Right to Sue” letters to Davis in December, 2011. A simultaneous complaint was also filed with the Office for Federal Contractor Compliance, which oversees EEO compliance for all contractors of entities that receive federal monies. The majority of Davis' sales were for such entities. Federal Contractors found to be out of compliance with EEO regulations can lose their eligibility for future government contracts.
Davis is also an enrolled member of the Oglala Sioux Tribe or Oglala Lakota Nation.
Additional Sources:
- Notice Concerning the Lilly Ledbetter Fair Pay Act of 2009. | http://www.eeoc.gov/laws/statutes/epa_ledbetter.cfm
- Lilly Ledbetter Fair Pay Act of 2009 | http://www.gpo.gov/fdsys/pkg/PLAW-111publ2/html/PLAW-111publ2.htm
- Equal Pay Act of 1963 | http://www.eeoc.gov/laws/statutes/epa.cfm
- Title VII of the Civil Rights Act of 1964 | http://www.eeoc.gov/laws/statutes/titlevii.cfm
I applied for a job with Crescent Electric, Rapid City, in 2010. At the time, my daughter was employed there, and her supervisor told her that I couldn't be considered for the job because it would be a conflict of interest for us to both be working there. Now, 4 years later, they have hired the husband of the woman who eventually replaced my daughter. I am, obviously, Lakota and Mexican. The man they hired and his wife are both white. Apparently, they only considered it a conflict of interest for minorities, but not for whites. They pick and choose who they hire - their own online policy states that they give priority to hiring those recruited by their present employees - that does not demonstrate "Equal Opportunity" as far as I am concerned. Yet, they receive a lot of business from government entities funded by taxpayers, of which I am one! I hope the Office for Federal Contractor Compliance takes this offense seriously! They need to be held accountable for their discriminatory practices! ~ Olivia
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