An Ohio nursing home has agreed to pay $30,000 to settle a racial harassment, discrimination, and retaliation charge filed with the US Equal Employment Opportunity Commission (EEOC), the federal agency announced on September 6.
An EEOC investigation found reasonable cause that a nursing home manager discriminated against an employee by subjecting her to racial harassment. This harassment ultimately forced the employee to quit, which constitutes a violation of Title VII of the Civil Rights Act of 1964.
The settlement includes $16,578 in monetary damages and $13,421 in back pay. As part of the agreement, the nursing home will also implement comprehensive training on racial harassment, discrimination, and retaliation for its supervisory, managerial, and human resources staff. This training will emphasize the company’s policy against unlawful employment practices under Title VII and outline procedures for reporting workplace discrimination.
Additionally, the nursing home will redistribute its anti-discrimination policy, which includes prohibitions against harassment, procedures for reporting discriminatory acts, and measures to prevent retaliation.
“Employees have the right to work in an environment free from discrimination and harassment because of their race,” said Dilip Gokhale, director of the EEOC’s Cleveland Field Office. “This settlement reinforces the EEOC’s commitment to vigorously enforce those rights.”
Compliance Perspective
Issue
Race discrimination involves treating someone unfavorably because of their race or personal characteristics associated with race (such as hair texture, skin color, or facial features). The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs, training, and other terms and conditions of employment. Harassment based on race or color, which includes racial slurs, offensive remarks, or the display of racially-offensive symbols, is also unlawful. While the law does not cover simple teasing, offhand comments, or isolated incidents that are not severe, harassment becomes illegal when it is frequent or severe enough to create a hostile work environment or results in adverse employment decisions (such as termination or demotion).
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. Emphasize the importance of complying with the non-harassment and non-discrimination policies and instruct staff on how to report any incidents of discrimination to their supervisor or through the facility’s hotline. Training should cover both personal experiences and observations of discriminatory behavior.
- Periodically audit by anonymously polling staff to determine if they are experiencing discrimination or harassment or are aware of someone who is. Assess whether employees feel safe reporting such issues without fear of retaliation. Use this feedback to identify and address any gaps in the current policies or practices.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
