PTC company sued by feds; Wilden Plastics charged with wage discrimination, retaliation

Gerresheimer Wilden Plastics (USA) L.P., a glass and plastics manufacturer based in Peachtree City, Ga., violated federal law when it paid an African-American employee less than non-blacks for performing equal work and then fired her in retaliation for complaining about the discrimination, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit announced Sept. 27.

According to the EEOC’s suit, the employer terminated Donna McLeod from her position as a quality assurance manager in January 2009 in retaliation for filing a charge of discrimination with the EEOC.

McLeod, who was hired in February 2008, complained internally about race-based wage discrimin­ation in October 2008. After the employer concluded there was no discrimin­ation in wages, McLeod took her grievance to the EEOC. Within six weeks of receiving notice of the charge of discrimination, the employer terminated McLeod.

The agency alleges that Gerresheimer Wilden terminated McLeod because she filed a charge with the EEOC, and that such conduct violates Title VII of the Civil Rights Act of 1964. The agency filed suit (Civil Action No. 1:10-03082) in the U.S. District Court for the Northern District of Georgia after first attempting to reach a pre-litigation settlement.

The EEOC is seeking back pay and compensatory and punitive damages for McLeod. The lawsuit also seeks injunctive relief designed to stop race discrim­ination and prevent it from recurring in the future.

Gerresheimer Wilden Plastics (USA) L.P. develops and produces high-quality specialty products made of glass and plastic, primarily for the pharma and life science industry. The company is represented in Europe, the Americas and Asia by 40 production plants employing approximately 9,400 people. As of 2009, Gerresheimer Wilden employed approximately 2,825 employees in the Americas, with 13 facilities in the United States, including the facility in Peachtree City. The parent company is based in Düsseldorf, Germany.

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

L.Sussberg
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If they broke the law and they need to be held accountable.

The company will have to open their files, make the appropriate adjustments to any current and past employees where discrimmination is seen and pay a penalty to the Feds for violating the law.

Do I want to see any jobs lost and a company move, no...but they need to follow the rules as employers, the same way I have to. The same all companies need to.

20 years ago, while running a company in NJ, I learned that we violated a new Federal law that said employers need to compensate salaried/discretionary bonused office workers for any overtime they had performed. I do not think many employers were aware of this law and it was enacted in the mid 90s for the benefit of salaried employees at law firms and Wall Street firms who were asked to do extra work when mergers and acquisitions were going on and deals were being done late into the night..

One of our ex-employees filed a complaint, the Feds filed a suit, our attornies met with the Feds, we opened our books and records..we agreed to go back 2 years and reimburse 4 salaried employees. We followed the required compensation rules in the law, and applied a formula that we felt was fair. It cost us $7,000 and there was no Federal penalty because we did not know about this law and we cooperated.

We learned something new, the employees deserved the compensation and on a go forward we followed the law.

HR laws exist in other countries..well maybe not in China or India to the extent they exist here and other industrialized nations. While they operate here, they need to follow the laws...yes they can move overseas to China and India so they can produce cheaper products but that's a different debate/issue...the comsumption of cheap Chinese made goods and its impact on America.

PTC Observer
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Larry - again

I am not arguing about whether it is right or wrong to have so many federal, state or local laws. Rather I am saying that compared to the countries we compete with it makes the USA non-competitive, it drives jobs offshore.

This is a simple law of economics based on lowest overall costs. We decide what laws are appropriate in the USA and we pay for those laws in different ways. The savings other countries gain over us comes back to us in the form of lower prices for those things we actually buy.

To paraphrase an old M.Jackson song "We aren't the world".

ptctrader2010
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This is 2010... Not 1930

I am quite shocked... How foolish can this company be??? Just a wee bit behind the times.... Too bad. I hope the injured party gets the appropriate (not absurd) reparations.

L.Sussberg
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EEOC-fairness

I recently went through an EEOC process when an ex-employee who filed a complaint. My experience was that the EEOC was extremely fair in their review and we had proper documentation to prove the allegations false.

As a result, the EEOC dropped the investigation and advised the employee that there was no evidence proving the claim. The notice advised the ex-employee that if they wish to pursue the matter on a civil basis they could but no lawyer in their right mind would take say a case.

At other companies were I have worked, I have seen the same thing happen.

MY POINT...if the EEOC elects to take on such as a case and file suit...then something is clearly wrong! Every EEOC complaint is investigated and most are dismissed. Its only when their real evidence does the EEOC file suit.

PTC Observer
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Larry - EEOC

Generally you are correct on this, my point is different.

The point is that we live in a world economy. We compete across the board with other countries that have no such laws and regulations. Companies will simply move offshore where they don't have these issues to worry about. This includes all kinds of regulations not just EEOC regs. We have so many regulations in this country you can't keep up with them, much less the changes that occur on a weekly basis.

German companies know a lot about regulations and I am certain that if there is something wrong here it is due to management that is not familar or trained correctly. My guess is the manager or managers involved will simply lose their jobs and the woman in question will be given money.

Then the Germans will make a decision if the view is worth the climb. It's real easy to move injection molding equipment, a lot of it has been moved to China in the last twenty years.

Cyclist
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Tariffs on Chinese Goods

The House of Representatives sent a unusually confrontational signal to the Chinese leadership on Wednesday, voting overwhelmingly to give President Obama the authority to impose tariffs on all Chinese imports — more than $300 billion this year — in retaliation for Beijing’s refusal to revalue its currency.

Source: The New York Times

Courthouserules
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To: those against working conditions

Why are regulations made? Usually to protect human beings from as much harm as is practicable,

You must be on one side or the other. It is not acceptable to indicate that we have too much regulation and the foreign countries do not!

It is an excuse maybe as to why we have lost way too much manufacturing but the real reason is that we paid unskilled workers too much, gave too many benefits above necessary health care, and made too many owners and officers filthy rich with excessive profits made from not having adequate regulations.

Just as we caused the current recession by allowing banks, insurance companies and their employees free reign to continue a huge Ponzi with credit and bad loans---and we knew they were for 4-5 years.

Friends, there are still assets on the books of many that are NOT assets as listed. They are yet to be sold and written off!

We allowed our unskilled workers (including such jobs as postal clerks, key board punchers, floor sweepers, toilet cleaners, bank Jr. executives, knife traders, many retail clerks, etc., to gain twice their worth in salary. Just about killed SEARS! (did except for K-Mart's help).

Not talking about reducing such workers salaries to zilch as they once were, but they had gotten way too high for the economy.

Many such workers need to be paid by their effort and skill and at a rate in the average working wage area. Three shifts also need to run for efficiency instead of three times as many people doing the same thing on one shift. An example is when truck drivers now make $35-40 thousand instead of twice that not long ago!

Do you have any idea what garbage collectors, firemen., policemen, office clerks, etc., make in NYC, LA, Phillie, Chicago, and a little town in Arizona, and of course Atlanta---where many do little of anything critical.

Many of these jobs were created to replace workers jobs in manufacturing that we lost.

We can not compete evenly with Asia and the Islands for manufacturing of cheap merchandise, but we can make it for a reasonable increase in cost with good Industrial Engineering and management.
We need to get back to three levels of wage earners. 10% 75% 15%

normal
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atta girl donna

You may have just cost all the other employees their jobs. This company does not need to be here. They could close and move immediatley. Now I dont agree with any discrimination, so if they were wrong they need to correct the problem. We dont know the other side of the story. You cant believe our government. They are such a bunch of liars. Soon to be another empty building on the highway but the girl will have her back pay. I wish you well

Courthouserules
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normal

You make no sense at all!
You complain about the person's complaint, but then agree that if discrimination occurred (which the government now says it did) that you don't agree with that!

If it is unknown as to guilt as you say, then how can you say she may be guilty of costing all others their job? You are saying she shouldn't have complained!
If we can not ever believe our government then you are correct---she should have been fired and any improper actions continued since no one will check it!

Is that what you really want?

PTC Observer
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Plastics

I wonder when this German company will move to China? They simply don't have this issue there, in fact they don't have this issue in most countries we compete with for jobs.

Courthouserules
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observer

There are NO ISSUES in China with manufacturing!

They even let 10 year olds work in factories and 13 in Coal mines.
There are no AC requirements nor air purity requirements. There are no work energy claims paid. No unemployment pay.
There is no social security nor health insurance. They do have root drug stores and quack doctors.

At 40 many women are bent double permanently by stoop labor in rice patties!

Yet we buy the stuff!

Cyclist
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Chinese Management 101

If you fail you're shoot and your family gets billed for the bullet.

I do stay away form Chinese manufactured automotive tires. Scary stories out there about low quality and short cuts taken during production.

PTC Observer
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Cyclist?

How about those tires on your bike?

Cyclist
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PTC Observer - Bicycle Tires

Honestly, I had to go look - Taiwan.

PTC Observer
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Cyclist - Taiwan

Last year Taiwan invested over 50 billion USD in China. If you go there, as I do, you will find that the trade between Taiwan and China is tremendous. The other thing you will find is that products marked "Made in Taiwan" are actually made in China. They are shipped from Taiwan though.

They don't play by our rules....good luck finding those non-Chinese tires.

Oh yes, your bike is made in China too.

Cyclist
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PTC Observer - China

Been there. As for the bikes, they're made in Waterloo, Wisconsin. High end stuff.

PTC Observer
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Cyclist - Excellent!!

Very uncommon - and you paid for your American preference.

Enjoy!

Cyclist
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PTC Observer

One of my bikes cost as much of as my first airplane did back in 1972 - $2900. I bought that bike 17 years ago.

PTC Observer
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Wow!

You paid more for your bike than I did for my first car, 1963 VW bug $1,800.

Cyclist
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You know the old saying...

about the difference between men, boys and toys. ☺

PTC Observer
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Yep....well said.

Did the aeroplane fly or did you have to get it going?

Cyclist
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No, it flew.

A 1946 Cessna 120.
I got my Commercial, Instrument and Flight Instructor ratings in that old bird. You can buy one today for $20,000+ if in good shape.

You know you're old when go to an air museum and they got an airplane that you once owned on display. ☺ ☺

PTC Observer
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Isn't it the truth.....

;-)

PTC Observer
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CHR$ - Chinese goods

Stop buying it then.....good luck doing that.

bladderq
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3rd World Carbon & "Global Warming"

I bet when they move to China they'll learn what pretty colors plastic can have w/ lead & mercury added. I know it's Al Gore's ramblings & Manhattan sized chucks of ice have fallen off before, so it's just weather & not climate...113 in Los Angeles today breaking the old record of 106 which probably wasn't set in late Sept. Just wait until India & China start to rival our consumption w/out all those silly restrictive laws, rules, restrictions that hold US back from being successful.

imagine that
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Grand kids

Yep, I want my grand kids to be ready to compete...we will start training them to work in the factories by age 7...otherwise the world will have a competitive advantage to us...makes sense to me!

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