The U.S. Equal Employment Opportunity Commission (EEOC) and United Airlines recently reached a $99,000 settlement in a lawsuit for a hostile work environment based on race and national origin. This case serves as a reminder to employers of the costly consequences of failing to promptly and adequately investigate claims of workplace harassment.
In the case at issue, an Asian American employee claimed that he was subjected to unlawful harassment in the workplace, which included being called by a racial slur, being physically assaulted, and having his employment threatened because of his race and national origin. The EEOC’s lawsuit asserted that United Airlines allowed this conduct and, despite the report of physical assault, failed to promptly investigate the employee’s internal complaint.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination, including unlawful harassment, based on certain protected characteristics, including race and national origin. Unlawful harassment includes conduct based on a protected characteristic, which changes the terms or conditions of employment by creating a hostile work environment. According to EEOC guidance, if an employer has notice of such conduct, it is responsible for taking reasonable corrective action, including conducting a prompt and adequate investigation.
The following are some preventative measures for employers:
If you are a Consulting or Enterprise member and have questions about complaints of discrimination or how to mitigate the risk of such complaints, please reach out to Employers Council.
Gayle Moser is an attorney for Employers Council.