$180,000 Settlement in Race Harassment Lawsuit Against Transportation Company, Training Ordered

 
Monday, January 14, 2013
 

Question:  Would racial harassment training have prevented this case?  See our trainings at http://www.hrclassroom.com.

Emmert International agreed to settle an employment discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) that charged the company harassed and retaliated against employees in violation of federal law. 

The EEOC's lawsuit, Equal Employment Opportunity Commission v. Emmert Industrial Corp., d/b/a Emmert International, No. 2:11-CV-00920CW, charged Emmert International with harassing Jonathan Redmon and John Brainich during Emmert's work on the Odd Fellows Hall project in Salt Lake City.  The lawsuit alleged that the foreman and other Emmert employees repeatedly harassed Redmon and Brainich. Emmert's foreman and employees regularly used the "n-word," called Redmon "boy," called Brainich a "n---- lover," and made racial jokes and comments.  The EEOC also alleged that Emmert International retaliated against Redmon for complaining about the harassment.

Racial harassment and retaliation violate Title VII of the Civil Rights Act of 1964.  The EEOC filed suit in the U.S. District Court for the District of Utah after first attempting to reach a pre-litigation settlement through its conciliation process. 

The 24- month consent decree settling the suit, entered by Judge Clark Waddoups, requires Emmert International to pay $180,000 to Redmon and Brainich, provide training to its staff on unlawful employment discrimination, and to review and revise its policies on workplace discrimination.  The decree also requires Emmert International to post notices explaining federal laws against workplace discrimination.

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