LEGAL BRIEF: Big Lots to Pay $400,000 for Race Harassment (Hispanic to Black)

The Legal Brief gives everyone an idea of some of the types of cases that EEOC litigates, provides information on anti-discrimination legal proceedings/court rulings, and identifies some of the specific race-based issues that other Blacks have faced and challenged in the workplace.

The Legal Brief also provides insight into the arguments presented by EEOC and the defenses offered by employers. This information may be helpful to workers, who may be considering filing a complaint or seeking legal counsel, as well as to employees who feel they are becoming embroiled in race-related issues at work.

People often ask if minorities can be guilty of race-based violations of law. Yes! Black to Hispanic, Hispanic to Black or even Black to Black. The race doesn't matter, the potential law-breaking matters! See below for details about the case:

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EEOC Alleged Black Employees Were Subjected to Racial Jokes and Slurs By a Hispanic Supervisor and Co-Workers

LOS ANGELES – On February 16th, the U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of its race harassment and discrimination lawsuit against Big Lots, Inc., the nation’s largest broadline closeout retailer. The settlement includes total monetary relief of $400,000 to be paid to least five employees along with a group of unidentified class members. Big Lots also agreed to a two-year consent decree that calls for the implementation of a new policy, training, procedures and court monitoring to address harassment and discrimination in the workplace.

The EEOC originally filed suit against Big Lots in September 2008 in the U.S. District Court for the Central District of California (EEOC v. Big Lots, Inc., CV-08-06355-GW(CTx)). The agency 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 its Rancho Cucamonga, Calif., distribution center. Specifically, the EEOC alleged that an immediate supervisor and co-workers, all Hispanic, made racially derogatory jokes, comments, slurs and epithets, including the use of the words “n----r” and “monkey.” Despite learning of the harassment, the company took no steps to prevent or correct it.

“Working in a job that they valued highly, the employees in this case rightfully expected to earn a living free of discrimination,” said Anna Park, regional attorney of the EEOC’s Los Angeles District Office. “They should not have had to endure harassment or discrimination based on their race. The EEOC will continue to take all steps necessary to ensure that employees at all workplaces are respected and free from harassment, discrimination and retaliation.”

EEOC District Director Olophius Perry added, “The EEOC is pleased that Big Lots voluntarily entered into a settlement that includes injunctive relief designed to ensure that its black employees are not subjected to harassment or discrimination.”

In fiscal year 2009, the EEOC received 33,579 charges alleging race-based discrimination, accounting for about 36% percent of the agency's private sector caseload. Historically, race-based charges have been one of the most frequent types of filing with EEOC offices nationwide.

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.

Source: http://www.eeoc.gov/eeoc/newsroom/release/2-16-10.cfm