Want to start a national conversation on race in the workplace? Then maybe the place to begin is with the Redline bar in Washington, D.C.
That’s where, according to a federal jury, the owner illegal discriminated against a former employee because she is African American, supposedly refusing to shake her hand or speak with her and firing her within an hour of her hiring.
For that violation of the law, the jury awarded Briggitta Hardin $687,000 under federal and D.C. anti-discrimination laws.
The jury’s award broke down to $175,000 in compensatory damages, $510,000 in punitive damages under Title VII, and $2,000 in punitive damages under the District’s Human Rights Act.
But this apparently wasn’t just an isolated incident at this particular workplace.
Several white ex-employees testified during trial about the absence of black bartenders and the owner’s racially charged hiring preferences. “Witnesses testified at trial that he wanted to hire white blonde chicks or girls, as bartenders,” according to Hardin’s attorney.
The defense presented a rosier picture of race relations at the establishment, calling as witnesses two African American patrons and friends to testify about the demographics of Redline’s patrons and employees and the owner’s treatment of black and other minority customers.
But the evidence on the whole on which the jury found liability paints a disturbing picture of this particular workplace-and should trigger soul searching on race relations in the workplace.
22 Jan
EEOC Opens Retaliation Guidance to Public Input
Posted by Joe Lustig in Uncategorized. Tagged: EEOC, enforement guidance, public comment, retaliation. Leave a comment
It’s not every day that the Equal Employment Opportunity Commission requests public input on an enforcement guidance.
But the commission has taken that unusual step for its draft guidance on retaliation and related issues under federal employment discrimination laws.
Why the push for public input? According to yesterday’s announcement, the Commission’s last guidance update on the subject of retaliation was issued in 1998. Since that time the Supreme Court and lower courts have issued numerous significant rulings regarding retaliation under employment discrimination laws.
And over that nearly two-decade timeframe, the number of retaliation charges has gone way up.
The percentage of retaliation charges has roughly doubled since 1998, making retaliation the most frequently alleged type of violation raised with EEOC. Nearly 43 percent of all private sector charges filed in fiscal year 2014 included retaliation claims. In the federal sector, retaliation has been the most frequently alleged basis since 2008, and retaliation violations comprised 53 percent of all violations found in the federal sector in fiscal year 2015.
The percentage of retaliation charges has roughly doubled since 1998, making retaliation the most frequently alleged type of violation raised with EEOC. Nearly 43 percent of all private sector charges filed in fiscal year 2014 included retaliation claims. In the federal sector, retaliation has been the most frequently alleged basis since 2008, and retaliation violations comprised 53 percent of all violations found in the federal sector in fiscal year 2015.
The draft guidance is available for review at http://www.regulations.gov/#!docketDetail;D=EEOC-2016-0001.
The 30-day input period ends on February 24, 2016. EEOC wants input in narrative form rather than submitting redlined versions of the document. The public is invited to submit its input using www.regulations.gov in letter, email, or memoranda format. Alternatively, hard copies may be mailed to Public Input, EEOC, Executive Officer, 131 M Street, N.E., Washington, D.C. 20507.