Employer Pays Former Worker $175,000 Following Repeated Use of Racial Slurs

There are many situations where an employee at a particular business will use language that offends a co-worker. Ideally, a company will act effectively when one of these incidents occurs, addressing the problematic behavior and setting forth clear consequences if the misconduct recurs. Unfortunately, sometimes the use of denigrating terms relating to a fellow employee’s race, sex, age, religion or other protected personal characteristic continues until the job becomes intolerable for the targeted individual. 

In a California lawsuit, the U.S. Equal Employment Opportunity Commission alleged that Marcus Harris was subjected to persistent racist comments, including the N-word, while working for Insurance Auto Auctions, Inc. (IAA). Harris claimed that on some days, one fellow employee would direct racial epithets toward him as many as 15 times. The situation was exacerbated by local managers who were either aware of the misconduct and ignored it, or failed to take adequate corrective measures. Consequently, the hostile work environment led Harris to resign.

Such conduct is a violation of Title VII of the Civil Rights Act of 1964, which prohibits racial harassment and mandates that employers take immediate and effective action to investigate and halt such behavior once they are notified. Following the filing of an EEOC lawsuit, IAA agreed to a settlement in which it paid Harris $175,000.

Details from the complaint paint a picture as to how bias can spread and snowball within a given workplace. Though one co-worker, referred to in the complaint as Jesus, stood out for his repeated use of racially offensive language, other employees joined in as well. After Harris complained to his supervisor, Jesus stopped speaking to Harris and apparently told other employees to shun him as well. 

Along with the payment to Harris, IAA also agreed to take additional measures in order to comply with Title VII and other laws barring workplace discrimination, including training for supervisors. Companies can prevent discriminatory acts from occurring, but if they do not, victims may be entitled to a substantial monetary remedy.   

When you’re subjected to severe and pervasive harassment due to your race, age, sex, religion or disability status, Kardell Law Group can help. We fight for employees who are not allowed to earn a living in peace.