harassment Tag Archives — Sexual Harassment Lawyer Blawg

EXCEL USA Management Testimony Reveals Retaliatory Treatment of African American Employee Who Filed Racial Discrimination Suit, WELDON MOORE v. EXCEL CONTRACTORS, LLC, d/b/a EXCEL USA, 3:21-cv-00698-JWD-RLB

February 9, 2023 | by Friedman & Houlding LLP

Friedman & Houlding LLP represents Weldon Moore an African American truck driver who worked at EXCEL USA in Baton Rouge, Louisiana. Moore claims, among other things, that he was subjected to a retaliatory termination for filing the racial discrimination claims against EXCEL in federal court. Vice President of Operations over the Lake Charles division of EXCEL, Shaun Dunn, admitted in sworn testimony that days after EXCEL was served with the Summons and Complaint filed in court, he called Mr. Moore and advised, “don’t return to work until you hear back.”

Mr. Moore did not hear back from EXCEL for a full month, and did so only after he filed an Amended Complaint in Court alleging retaliatory termination. Upon filing the Amended Complaint, Mr. Moore received a text message from Dunn stating that Mr. Moore would be suspended for three weeks. Dunn testified that he alone made the decision to suspend Mr. Moore for three weeks, and that the “main” cause for suspension was Mr. Moore’s use of Louisiana Pigment’s equipment without prior authorization, a claim that is not supported in the record. Indeed, Dunn admits that no one from Louisiana Pigment complained about or commenced investigation into Mr. Moore’s use of Louisiana Pigment’s equipment. Dunn testified that the reason for allowing a month to pass before notifying Mr. Moore of the suspension was that he sought Louisiana Pigment’s approval for Mr. Moore to return to the job site and spoke with Louisiana Pigment manager Chris Jennings for such approval. However, Chris Jennings testified that no such conversation took place. Former EXCEL Safety Manager Doug Stephson testified that he had never heard of an EXCEL employee being suspended—let alone, suspended for three weeks—for unauthorized use of Louisiana Pigment equipment.

The testimony to date points to EXCEL’s pretext for its termination of Mr. Moore in retaliation for Mr. Moore’s protected activity of filing claims of racial discrimination against EXCEL. Deposition testimony from several witnesses, both former employees of EXCEL and other non-EXCEL employed witnesses corroborate Mr. Moore’s claims of regularly recurring racial harassment by Mr. Moore’s former supervisor at the Louisiana Pigment facility in Lake Charles, Jeff Addison. Addison resigned from EXCEL after Mr. Moore made several complaints to management and Human Resources concerning his racial harassment, but was never the subject of an investigation by EXCEL. Addison himself admitted in sworn testimony that the term “Black mother****er”—a term Mr. Moore was regularly subjected to while employed at EXCEL—was in use at the EXCEL project site at Louisiana Pigment, as were racist jokes. Witnesses testified that Addison regularly referred to Mr. Moore as “Black mother****er” at the job site.

ON THE 50th ANNIVERSARY OF TITLE IX, THE SUPREME COURT QUIETLY GUTTED IMPORTANT REMEDIES

August 12, 2022 | by Friedman & Houlding LLP

Passed 50 years ago in June, Title IX has had a profound and widely-recognized impact on girls’ and women’s sports. But Title IX did not only offer parity in sports. It has been instrumental in compensating victims of discrimination and harassment by teachers, coaches, professors and other students. Until now. The Supreme Court quietly eviscerated this right just before Title IX’s anniversary, with little fanfare or public outrage. In a decision superficially limited to the Rehabilitation Act and the Affordable Care Act, the Court eliminated damages under Title IX – and Title VI — for emotional distress.

Victims of sex and gender-based discrimination and harassment have successfully used Title IX to obtain relief when recipients of federal funds have failed to enforce the law. In Hawaii, for example, a jury awarded $810,000 after a ninth-grade girl with the intellectual ability of a second grader was raped by an older boy from her class. The girl’s mother previously had expressed concerns to the school about this student. In California, a male student was alleged to have pressured a middle school girl into sending nude pictures and used those pictures to blackmail her into performing oral sex; students then posted pictures on social media of the female student performing oral sex. She obtained a $2 million dollar settlement. In Florida, a jury awarded a single plaintiff $6 million dollars after a teacher sexually abused her during her junior and senior years in school. The abuse included child pornography and forcible kissing and touching. The school had previously received reports of sexual abuse but failed to investigate. In Colorado, a school district settled a claim for $5 million dollars. A teacher was alleged to have sexually abused a student when she was nine years old. The school knew the teacher had a history of inappropriate conduct but failed to act to prevent the abuse. Based on the Supreme Court’s recent ruling in Cummings v. Keller Premier Rehab, were claims like those brought today under Title IX, there could be no award for their depression, their suicide attempts, their eating disorders, their missed classes, their trauma.

In 1972, Congress enacted Title IX so that federal funds would not support discriminatory practices. The law bars educational programs or activities that accept federal funds from engaging in discrimination on the basis of sex. In other words, schools must take action to prevent and address sexual harassment and discrimination. Failing to do so could lead to the loss of important federal dollars (although in reality, that rarely if ever happens). Title IX was patterned after Title VI of the Civil Rights Act of 1964, which prohibits discrimination by funding recipients with respect to race, color and national origin. Although neither statute expressly provides victims of discrimination with the right to sue in court, in 1979, after a female student alleged she was denied admission to medical school because of her sex, the Supreme Court held in Cannon v. University of Chicago, that Title IX (and Title VI) allowed her to sue in court. Over a decade later, in 1992, when a high school student sued alleging her teacher had sexually harassed and abused her, the Court confirmed that the right to bring suit included the ability to obtain money damages. This apparent expansion of rights may have peaked in the mid-90s: soon after, in its 1998 decision Gebser v. Lago Vista Independent School District,, the Court restricted when schools could be held liable for harassment.

University of Illinois Employees Ask Court to Grant Racial Discrimination Class Status in Move for Broad Changes

June 30, 2022 | by Friedman & Houlding LLP

University Systematically Whitewashed Valid Harassment Complaints by Black Employees

University of Illinois at Urbana-Champaign employees Derick Brown, Atiba Flemons, and Jeffrey Taylor are suing the University for racial discrimination and racial harassment. Central District of Illinois, 2:19-cv-02020. They have filed a motion to certify a class of thousands of Black employees seeking a Court Order ending illegal racial harassment. The motion shows, based on records produced by the University, that over the class period of six years the University has corroborated exactly zero complaints of discrimination against Black employees.

Mr. Brown, a machinist at the University’s Facilities & Services department, whose initial complaint in 2017 concerned a coworker’s donning a KKK-style hood while other coworkers, including Mr. Brown’s supervisor, looked on and laughed, testified to the University’s indifference: “How can you not say that’s racial when the KKK hood over a guy’s face that are all white? And that’s not racial to a black man? And they find it not racial?”

EXCEL USA Engages in Retaliatory Discharge Against Victim of Racially Hostile Work Environment according to lawsuit: WELDON MOORE v. EXCEL CONTRACTORS, LLC, d/b/a EXCEL USA, 3:21-cv-00698-JWD-RLB

May 27, 2022 | by Friedman & Houlding LLP

Friedman & Houlding LLP represents Weldon Moore, an African American truck driver who worked at EXCEL USA in Baton Rouge, Louisiana. As alleged in the Amended Complaint the Superintendent of EXCEL’s operations at Louisiana Pigment plant in Lake Charles racially harassed Mr. Moore, often calling him and other African American employees “Black motherf*****”, telling Mr. Moore that he wished he could call his African American coworker the “N” word, and repeating a disgusting “joke”: “Mo, if a Black man and a Mexican man fell off a high-rise building, who do you think would hit the ground first?” When Mr. Moore (known as “Mo”), replied out of shock, “I don’t know, boss,” the Superintendent laughed and said, “Who gives a f***?”

As alleged in the Amended Complaint Mr. Moore complained first to Human Resources, in the presence of the EXCEL Louisiana Pigment plant project manager. The Human Resources representative said that she would keep his complaint on file. But neither Human Resources nor the EXCEL project manager engaged in any follow-up inquiries. The racial harassment not only continued, but Mr. Moore’s complaint to HR also resulted in retaliation from the Superintendent. He cut Moore’s days. When Mr. Moore spoke up about these changes to his boss, his boss simply replied, “You Black motherf*****, if you don’t like it, then drag the f*** up,” which Mr. Moore understood to mean “quit.”

In his next complaint Human Resources forced Mr. Moore to explain the racial harassment in the presence of his harasser, the Superintendent. The Superintendent stood up and screamed at Mr. Moore, “you mother*****” and stormed out of the meeting. Incredibly, he kept his job. When Mr. Moore returned to his work station, a member of management pulled up in his truck, handed him his business card, stating, “I don’t ever want you to let him or anyone else talk to you that way. If he does that again, call me.”

Northeastern State University must submit to discovery in Title VII and Title IX action alleging sexual harassment

May 27, 2022 | by Friedman & Houlding LLP

A federal judge in the Western District of Oklahoma has denied Northeastern State University’s motion to dismiss a former employee’s claims of sexual harassment and retaliation under both Title VII and Title IX, after a coworker allegedly put his hands down her pants.

Deanie Hensley, the plaintiff in the action, worked for NSU in Tahlequah, Oklahoma for approximately 13 years. She alleged in her First Amended Complaint that multiple supervisors and co-workers engaged in sexually inappropriate behavior over that time, including sharing sexual cartoons and remarking on women’s bodies, but Hensley’s complaints resulted in no changes. After her complaint about a particular supervisor resulted in retaliation including stripping Hensley of job duties, she decided to take a position with a contract company that provided the university’s mail services. The joint employment with NSU and this company allowed her to continue working at NSU and using her expertise and familiarity with the NSU campus and personnel. However, Hensley alleges that one of the coworkers who had a habit of making offensive remarks sought her out on the job, then: “reached across the counter and put his hands down her jeans, with the backs of his hands against her stomach. He reached down to her panty line. He then pulled her belt buckle and shook it, commenting on how she had been ‘losing weight.'”

Shaken and traumatized by the assault, Hensley alleges that she complained to NSU campus police. Following even more complaints that the harasser was following Ms. Hensley and approaching near her in violation of a protective order, Hensley alleges in her Complaint that Steven Turner, NSU’s President, threatened the contract company with the loss of its contract if it did not remove Ms. Hensley from the NSU campus. Ms. Hensley alleges the inevitable result of this threat would be that she would lose her job–and that in fact, she did lose her job as a consequence.

A Virginia man alleges that his coworker called him “boy” numerous times and compared him to a monkey–and then handed him a bag of fried chicken as an “apology.”

May 12, 2022 | by Friedman & Houlding LLP

Marcus Staples worked for Advanced Technology Recycling, an electronics de-manufacturing company headquartered in Pontiac, Illinois, with seven locations across the country. In Staples’ Complaint filed in the United States District Court for the Eastern District of Virginia, he alleges that whenever the company’s project manager was on site, he referred to Staples and Staples’ African-American coworkers as “boy”—while referring to white co-coworkers by their given names. One of Staples’ coworkers has stated under oath that he “was so upset” by the manager’s “offensive racism, I frequently complained to [our supervisor] about it myself. During 2019, I complained to [her] about [the] behavior on approximately a weekly basis, either on my own or with co-workers. She said she would take care of it, but nothing changed to remedy the situation.”

The conduct escalated: Staples alleges that the manager derisively compared him to a monkey, and when Staples was offended and upset, the next day the manager handed him a baggie of fried chicken in front of multiple coworkers as a mocking “apology.”

Staples alleges in his Complaint, and multiple co-workers confirm under oath, that when the manager returned to the worksite after these incidents, he resumed calling Staples and his African-American coworkers “boy” — the same as before. Staples alleges that the company went on to retaliate against him for filing an EEOC charge, baselessly disciplining him. When he refused to work through the EEOC to try to settle the charge [which indicated that Staples planned to sue], Staples alleges ATR fired him.