A management company operating several retirement and assisted living facilities in the Greater Washington DC area will pay $85,000 and provide other relief to settle a race and retaliation discrimination lawsuit filed by the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on July 15.
According to the EEOC, the company violated federal law by refusing to promote a high-performing black manager to an executive-level position because of her race, then firing her after she complained internally and filed a discrimination charge.
Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits race-based discrimination and retaliation for reporting it. The EEOC filed the suit after first attempting to resolve the matter through its conciliation process.
In addition to the $85,000 in monetary relief paid to the complainant, the consent decree resolving the litigation prohibits future race discrimination or retaliation and requires the company to take steps to prevent such unlawful conduct in the future. These include implementation of enhanced non-discrimination and non-retaliation policies, notices to employees about their rights, and advanced training for the company’s human resources and management officials.
Compliance Perspective
Issue
Race discrimination occurs when an individual is treated unfavorably because of their race or characteristics associated with race, such as skin color, hair texture, or facial features. Federal law prohibits such discrimination in all aspects of employment, including hiring, promotion, compensation, training, and termination. The law also protects employees from retaliation for reporting discrimination or participating in related investigations.
Discussion Points
- Review policies and procedures ensure clear prohibitions against race discrimination and retaliation. This includes policies covering hiring, promotion, compensation, benefits, and discipline. Ensure that procedures for reporting and investigating complaints are clearly documented and accessible to all staff.
- Provide training to staff about their right to be free from discrimination in the workplace, and instruct them to report any concerns to their immediate supervisor or through the facility’s hotline. Train supervisors on their responsibilities to address concerns promptly and appropriately.
- Conduct regular, anonymous staff surveys to assess workplace culture and identify potential issues of discrimination or retaliation. Ensure that staff are aware of how to report concerns through the facility’s hotline or directly to their supervisor. Regularly review and test these reporting mechanisms to ensure they are effective and accessible.
*This news alert has been prepared by Med-Net Concepts, Inc. for informational purposes only and is not intended to provide legal advice.*