LM Wind Power, Inc. Pays $125,000 To Settle Claims Of Racial Discrimination

The manufacturer and supplier of wind turbine blades, LM Wind Power, Inc., has agreed to pay $125,000 to settle a racial harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). According to the EEOC’s lawsuit, a Black employee’s supervisors and co-workers subjected him to pervasive racial harassment. This included subjecting the Black employee to racial slurs and insults and “racially charged threats of violence.”

The EEOC contends that the employee reported the harassment, but LM Wind Power’s leadership failed to make any effort to stop it. The employee was subsequently terminated, allegedly for reporting the harassment.

This conduct violates Title VII of the Civil Rights Act of 1964 which prohibits both racial harassment and retaliation and requires employers to take prompt action to investigate and stop misconduct after they become aware of it. The resulting settlement will require LM Wind Power to pay $125,000 in monetary damages to the former employee and conduct training to prevent future discrimination. The settlement decree also requires LM Wind Power to notify employees about their right to sue if they face discrimination in the workplace or harassment based on race.

Hostile work environment lawsuits 

A hostile work environment is any workplace in which the employee feels uncomfortable, scared, or intimidated. According to the EEOC, a hostile work environment results from ongoing harassment in the workplace. This includes sexual harassment. In fact, sexual harassment is the most common type of hostile work environment. Racial harassment and discrimination is a close second.

Generally speaking, isolated incidents do not give rise to a hostile work environment unless they are extremely serious. For a work environment to qualify as illegal, it takes more than petty slights, annoyances, and isolated incidents. For example, if a supervisor belittles another employee, this may be unpleasant, but the conduct does not rise to the standard of a hostile work environment.

What constitutes unwelcome conduct? 

As an example, harassment, sexual harassment, discrimination, victimization, violence and many other kinds of inappropriate behavior qualify as unwelcome conduct. Each of these can constitute a hostile work environment when they occur purposefully and consistently. In some cases, an incident can be so severe that it will automatically qualify for a hostile work environment. For example, one employee groping another employer would be an example of the kind of isolated behavior that would give rise to a hostile work environment.

In the case mentioned above, the employee was subjected to pervasive racial harassment by other employees and supervisors. This rose to the standard of a hostile work environment because the conduct happened on a daily basis, and the company did nothing to protect its employee from the conduct. Instead, they fired him, which is also illegal. You cannot be fired for asserting your rights in the workplace. Hence, why the company was fined.

Talk to a Dayton, OH Employment Discrimination Lawyer Today 

Kohl & Cook Law Firm represents the interests of both employers and employees in employment discrimination lawsuits. Call our Columbus employment lawyers today to schedule an appointment, and we can begin investigating your case right away.

Source:

eeoc.gov/newsroom/lm-wind-power-inc-agrees-pay-125000-eeoc-racial-harassment-and-retaliation-lawsuit