A truck transportation facility will pay $100,000 and furnish other relief to settle a racial harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency.
The EEOC said, certain employees and managers in the Cullman facility of McGriff Industries Inc. routinely used racially derogatory comments, slurs, and insults directed at or about African-Americans.
The racial misconduct escalated to threats and intimidation, including a derogatory threat to cut one of the black employees. White and black employees were offended by the racial misconduct, but were rebuffed and retaliated against — one employee was terminated and another had his work assignments changed — when they complained. (WCxKitz)
The settlement, by consent decree entered by the court on June 22, 2010, provides for a total payment of $100,000 to three employees and includes injunctive terms applicable to each of McGriff’s offices, facilities and retail establishments in the state of Alabama.
Among other requirements, McGriff must develop and implement effective anti-discrimination policies and procedures, and train its employees, supervisors and managers on the prohibitions against racial misconduct in the workplace. The company must develop a system for reporting, investigating and addressing complaints of workplace racial misconduct; hold all employees accountable for engaging in it; and hold supervisors and managers accountable for tolerating or failing to address such misconduct.
“This case is important because no employee should be subject to racism in the workplace and every employee can be offended by a racially hostile work environment,” said EEOC Birmingham District Director Delner Franklin-Thomas. “We are pleased McGriff's senior (WCxKitz) management is now taking an active role in promoting compliance with federal civil rights law.”
EEOC Birmingham District Office Regional Attorney C. Emanuel Smith added, “The Commission will continue to litigate cases involving allegations of a racially hostile work environment. We encourage employers to be proactive and responsive to employee complaints about workplace derogatory conduct or comments.”
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers’ Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. Contact: Robert_Elliott@ReduceYourWorkersComp.com or 860-553-6604.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers' comp issues.
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