A healthcare system in Michigan has agreed to pay $30,000 and provide other remedies to resolve a race discrimination lawsuit brought by the US Equal Employment Opportunity Commission (EEOC), the agency announced on July 15, 2024.
According to the EEOC, the lawsuit alleged that the healthcare system discharged a Black home health aide following an unwitnessed verbal altercation with a White coworker about a dishwasher. Despite both employees discussing the incident with management and the presence of a progressive discipline policy, the director dismissed the Black employee while taking no disciplinary action against the White employee involved in the conflict. The Black employee had successfully worked for the healthcare system for over 20 years.
The EEOC’s lawsuit contended that such actions violated Title VII of the Civil Rights Act of 1964. The agency filed suit after first attempting to reach a pre-litigation settlement through its administrative conciliation process.
Under the terms of the consent decree settling the case, the healthcare system is prohibited from engaging in race-based disparate treatment and is required to conduct training for specified managers, supervisors, and HR personnel on issues of race discrimination. Additionally, the healthcare system will make payments totaling $30,000, which include $7,837.96 in back pay and $22,162.04 in compensatory damages.
“Federal law prohibits employers from treating employees differently because of their race,” said Kenneth L. Bird, the EEOC’s regional attorney in Indianapolis. “If discipline is required, employers must act lawfully by ensuring that race plays no part in the type of discipline the employer chooses to impose.”
Assistant Regional Attorney Omar Weaver added, “We are encouraged by the employer’s sincere efforts to work with the EEOC to reach an early resolution.”
Compliance Perspective
Issue
Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Discussion Points
- Review policies and procedures for prevention of any type of discrimination, including in hiring practices, wage, or benefit assignment.
- Train staff about their right to be free from discrimination in the workplace and that all staff must comply with the non-harassment non-discrimination policy. Teach staff to report any concerns of discrimination to their immediate supervisor or through the facility’s hotline, whether it happens to them personally or if they observe it happening to others.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination, or are aware of someone who is, and ask if they feel free to report such instances without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
