JOHN WIELAND HOMES AND NEIGHBORHOODS SUED BY EEOC FOR RACE DISCRIMINATION

Home Builder Unlawfully Assigned Sales Agents by Race, Federal Agency Charges

ATLANTA – John Wieland  Homes and Neighborhoods, Inc., an Atlanta-based home builder, unlawfully  engaged in a pattern or practice of discrimination against black sales agents,  the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit it  filed today.

According  to the EEOC’s suit, Wieland intentionally assigned African American sales  agents to housing communities based on the race of the surrounding  community. The lawsuit charges that  these practices resulted in black agents earning significantly less than their  white counterparts, who were assigned to housing communities where they sold  higher-priced homes.

The  EEOC began investigating the employer when a white human resources represent­ative  filed a discrimination charge with the agency stating that she was forced to  participate in the discriminatory practice or face termination. Michelle Mouser served as a Wieland human  resource representative in Atlanta  and was responsible for recruiting sales agents to work onsite at new housing  commu­nities that were under construction.  The company’s management responsible for such hiring expressly stated  that the goal was to hire and assign employees whose race corresponded with the  predominant population of each community.  Therefore Mouser was told that she could not hire qualified African  American sales agents for communities with pre­dominantly Caucasian  populations.

When  Mouser complained about the company’s discriminatory practices to management  officials, no action was taken. Because  management failed to act and Mouser could not partici­pate in the illegal  hiring practices, she felt forced to resign.

Such  alleged conduct violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Case Number 1:09-CV-1151  filed in U.S. District Court for the Northern District of Georgia) after first  attempting to reach a voluntary settlement.

Wieland  Homes and Neighborhoods, Inc. develops land and builds cluster homes, town  homes, and upscale single-family homes in the metropolitan areas of Atlanta, Ga., Charlotte and Raleigh, N.C., Louisville, Ky., and Nashville,  Tenn. Wieland also provides remodeling and land­scaping  services and offers mortgage lending to its customers.

The EEOC is seeking back pay and compensatory and  punitive damages for Mouser. The agency  is also seeking back pay and compensatory and punitive damages for the affected  African American sales agents for the period beginning in 2003. The lawsuit also seeks injunctive relief  designed to stop the discrimination and prevent it from recurring in the  future.

“Race  discrimination is still an insidious but prevalent form of discrimination,”  said Bernice Williams-Kimbrough, director for the EEOC’s Atlanta District  Office. “All employees are entitled to a  workplace free of racial discrimination.  More importantly, all individuals, regardless of their race, have the  right to the same employment opportunities.  No one should be pigeonholed into particular job assignments based  solely on race. This lawsuit  demonstrates that the EEOC takes such forms of discrimination seriously.”

In Fiscal Year 2008, the  EEOC received 33,937 charges alleging race-based discrimin­ation, accounting  for 36 percent of the agency's private-sector caseload. Historically, race-based charges have been  the most frequent type of filing with EEOC offices nationwide.

The EEOC enforces federal laws prohibiting  employment discrimination. Further  information about the EEOC is available on the agency’s web site at www.eeoc.gov.