Former Chipotle Employee To Get Trial on Racial Harassment Claim

An employer can avoid liability for one employee’s harassment of another employee if it takes prompt remedial action to address that harassment.  One way to do this is for an employer to conduct an investigation, counsel the involved employees, and/or discipline the harassing employee.  On the other hand, telling an employee who complains about racial harassment to “shut up, n***er” is not the right way to address harassment complaints....
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Officer’s Behavior Dooms Discrimination Claims

A recent decision from a D.C. federal court offers a reminder that employers who investigate workplace disputes and make employment decisions based on documented evidence put themselves in a better position to defeat lawsuits challenging those decisions.  Ladson v. George Wash. Univ., No. 14-cv-001586 (D.D.C. Sept. 1, 2016). Todd Ladson was a 24 year veteran of the George Washington University (GW) campus police when, in 2013, he was accused of...
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Delta Worker's Race Discrimination Claim Grounded by Appeals Court

Randi Klein Hyatt
Randi Klein Hyatt
06/23/2016
Most airline companies require their employees to do a final “walk around” the plane to assure everything is in order and doors are closed. Maahnchooh Ghogomu worked for Delta Airlines Global Services at the Tulsa International Airport until he forgot to do a final walk around Delta Flight 5188 and left the fuel-door panel open, which resulted in damages to the plane upon landing. Mr. Ghogomu accused Delta of racial discrimination with his...
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D.C Circuit Derails Discrimination Claim Brought by Engineer Who Ran Train Off the Tracks

Bernadette Hunton
Bernadette Hunton
09/23/2015
It was a victory for train giant Amtrak last week when the D.C. Circuit held that no reasonable jury could find Amtrak’s termination of a black engineer for failure to obey a stop signal was a pretext for race discrimination. (Burley v. Nat’l Passenger Rail Corp., D.C. Cir., No. 14-7051, 9/18/15). In this case, Plaintiff Burley operated a train that was forced off the track after it passed a blue stop signal. Passing a blue signal is considered a...
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Fourth Circuit Orders Racial Class Action Claim at Steel Plant to Proceed

Nearly eight years after the lawsuit was first filed, the Fourth Circuit ordered in Brown v. Nucor Corporation that workers claiming systemic racial discrimination in a South Carolina steel plant’s promotion decisions be permitted to proceed as a class action. The Nucor steel plant in South Carolina employs just over 600 workers in six production departments. There were a total of 71 black employees at the plant, but only one black supervisor. In...
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Black Supervisor Remarks He Has “Too Many Black” Employees; Employer Loses Motion For Summary Judgment

A federal district court in Texas has permitted a former African American sales representative to take her race and color discrimination claims to trial after she presented evidence that her supervisor made multiple comments about having too many black employees on his staff.  Turner v. The Hershey Co., No. 4:12-cv-03365 (S.D. Tex., Oct. 3, 2014). Yolanda Turner began working for The Hershey Company in 1998, most recently as a Houston-area retail...
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