Boston man, Paul Dauwer filed an associational discrimination case at MCAD against Coca-Cola Refreshments in 2011. Close to 9 years later MCAD has ruled in his favor, against Coca Cola. He was awarded $500,000 in emotional distress! *see full award below (Dec/2019)
Mr. Dauwer was an employee of Coca Cola Refreshments (CCR) beginning in 2009. His employment was later terminated in 2011 with CCR citing the CBA (collective bargaining agreement). Although there were circumstances surrounding Mr. Dauwer’s attendance issues that related to his spouses serious medical conditions and his role as her primary caregiver, the bigger issue was the overwhelming evidence that was able to prove how many other union employees were not held to the same policies of the CBA. *CBA policies MUST be consistently and uniformly applied to ALL union employees.
Coca Cola strictly enforced the attendance policy with Mr. Dauwer, citing 12 “tardies” at termination. They did not however enforce it with all members of the union.
*For Example; substantial evidence had proven that several other employees were tardy in excess of 30+ times without any repercussions.
*This is only a small portion of an extremely delicate, very detailed case. Dauwer v Coca Cola
Decision of Hearing Officer Eugenia M. Guastaferri – DOCKET: 11-BEM-02659
Dauwer vs Coca Cola
Based on the forgoing Findings of Fact and Conclusions of Law, Respondent Coca Cola Refreshments, USA, Inc. is hereby Ordered:
1) To cease and desist from any acts of discrimination based upon disability and particularly disparate treatment of employees associated with disabled family members.
2) To pay to Complainant, Paul F. Dauwer, the sum of $91,373.38 in damages for lost wages with interest thereon at the rate of 12%per annum from the date the complaint was filed until such time as payment is made or until this Order is reduced to a Court judgment and postjudgment interest begins to accrue.
3) To pay to Complainant, Paul F. Dauwer, the sum of $500,000.00 in damages for emotional distress with interest thereon at the rate of 12% per annum from the date the complaint was filed until such time as payment is made or until this Order is reduced to a Court judgment and post judgment interest begins to accrue.
-Eugenia M. Guastaferri
*I’m not sure how one can even put a dollar amount on a persons severe emotional pain and suffering. The emotional loss incurred, time lost with their loved ones during depression can be insurmountable. After reading this entire case a few times over I can truly say in my honest opinion that Ms. Guastaferri did a darn good job at it! ~Anonymous
🛑 We need to help #STOP #discrimination and it can start by sharing stories like these ones! 🛑
***Read & Share FULL case details*** ~> DAUWER vs COCA COLA <~
*SOURCE: COMMONWEALTH OF MASSACHUSETTS COMMISSION AGAINST DISCRIMINATION
Coca Cola not new to discrimination lawsuits…
Highest records for disclosed discrimination settlements are Coca Cola and Bank of America. More than any other employer. Bank of America #1 has paid more than $210 million in disclosed settlement agreements to resolve discrimination claims since 2000. Coca-Cola #2 followed up close behind at $200 million. *The numbers just keep rising too…keep in mind also, these figures are only just for the “disclosed” settlements. *via HRDive.com