Brewery in Buckhead to pay $115,000 to settle wrongful termination, race discrimination case

ATLANTA — A brewery and restaurant in Buckhead agreed to pay $115,000 to settle a race discrimination and retaliation case brought by the federal government.

According to the Equal Employment Opportunity Commission, Iron Hill Brewery of Buckhead racially discriminated and retaliated against a Black employee after he reported discriminating behavior against women and Hispanic employees.

The EEOC filed a federal lawsuit against Iron Hill after it fired a sous chef-in-training, Jerrell McGirt, who had complained to company management about mistreatment on two occasions.

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Court records show McGirt filed a complaint with the EEOC after his termination as retaliation for taking action by reporting illegal discrimination to the company.

One of the complaints, according to the EEOC, said women who were breastfeeding had not been provided a safe and private space to pump breast milk while at work. McGirt also told the EEOC that racial slurs were “commonplace” at the brewery, according to court documents.

“He received an unwarranted disciplinary action and was then fired, the EEOC said. Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits retaliation for engaging in protected activity and discrimination based on race,” the EEOC said in a release.

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Before filing the lawsuit in court, the EEOC tried to reach a pre-litigation settlement, the agency said. Instead, the issue went to court.

Now, Iron Hill Brewery will have to train its employees at chain locations across the United States to focus on a racial discrimination and retaliation ban, as well as be required to implement an anti-retaliation policy, which will have to include examples of illegal retaliation in the workplace for three years as part of a consent decree for the settlement.

The settlement also includes a $115,000 relief payment to McGirt through one or more checks, though full payment must be made within 30 days of the consent decree’s enactment.

Additionally, the consent decree requires that Iron Hill Brewery remove any employment records or personnel files about McGirt which relates to his termination and performance as well as provide a positive reference of employment to McGirt to be sent to him in writing within 10 days of the decree taking effect.

“The EEOC brought this lawsuit to defend an employee’s right to speak up about workplace discrimination,” Atlanta District Office Regional Attorney Marcus G. Keegan said in a statement. “This settlement sends a strong message that the EEOC will continue to vindicate the rights of individuals with the courage to come forward to report discrimination against themselves or others in the workplace.”

Channel 2 Action News has reached out to Iron Hill Brewery for comment on the settlement and are waiting for their response.

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