Words Matter

In yet another bitter reminder of just how vulnerable employers are to the misbehavior of their supervisors and employees, the U.S. Equal Employment Opportunity Commission (EEOC) just announced a $2.5 Million settlement of a race discrimination and retaliation lawsuit against one of the world's largest military contractors.  The claimant was an African American electrician who purportedly was subjected to a racially hostile work environment at several job sites nationwide - including threats of lynching and the "N-word."

Notably, the monetary relief for the former employee is the largest amount ever obtained by the EEOC for a single person in a race discrimination case, and one of the largest amounts recovered for an individual in any litigation settlement by the agency.  Additionally, the Company agreed to terminate the harassers and make significant policy changes to address any future discrimination.

The EEOC's suit alleged that the employee was the target of persistent verbal abuse by co-workers and a supervisor whose racial slurs and offensive language included calling him the "N-word" and saying "we should do to blacks what Hitler did to the Jews" and "if the South had won, then this would be a better country." The employee also claimed that he was subjected to multiple physical threats, such as lynching and other death threats after he reported the harassment. According to the EEOC complaint, not only did the employer fail to discipline the alleged harassers, it allowed the offensive behavior to continue unabated - even though the Company was aware of the unlawful conduct.

According to EEOC statistics, racial harassment charge filings with EEOC offices nationwide have more than doubled since the early 1990s.  Additionally, race remains the most frequently alleged basis of discrimination in charges brought to the EEOC, accounting for about 36% of the agency's private sector caseload.