On September 18, 2008, the U.S. Equal Employment Opportunity Commission (“EEOC”) filed a race harassment lawsuit against Big Lots, Inc. (EEOC v. Big Lots, Inc., CV-08-06355-GW(CTx).) The EEOC alleged that Big Lots violated Title VII of the Civil Rights Act of 1964 when it subjected a black maintenance mechanic and other black employees to race harassment and discrimination at the Big Lots Rancho Cucamonga, Calif., distribution center. According to allegations by the EEOC, an immediate supervisor and co-workers, all Hispanic, made racially derogatory jokes, comments, slurs and epithets. The EEOC further alleged that Big Lots learned of the harassment but took no steps to either prevent or correct it.
On February 16, 2010, Big Lots and the EEOC voluntarily agreed to a settlement. The settlement provides that five employees, along with a group of unidentified class members, receive monetary relief of $400,000. Big Lots also agreed, under a two-year consent decree, to implement new policy, training and procedures regarding race harassment. And, the settlement includes court monitoring to address harassment and discrimination in the workplace at Big Lots. The EEOC’s press release can be found at http://www.eeoc.gov/eeoc/newsroom/release/2-16-10.cfm.
Humboldt County employers who learn of instances of race harassment – or any harassment, for that matter – should conduct an investigation and document, document, document. If the investigation concludes harassment of an employee did take place, steps toward prevention and correction by the employer are critical.
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Tags: Amelia F. Burroughs, Employment Law