In September, the U.S. Equal Employment Opportunity Commission filed a lawsuit against United Airlines in Colorado.
The EEOC is suing under Title VII of the Civil Rights Act of 1964 and Title I of the Civil Rights Act of 1991. It is alleging that United engaged in unlawful discrimination by creating a hostile work environment based on race and national origin. It also alleges that a former employee of United is an aggrieved individual who suffered a constructive discharge because of the hostile work environment and United’s failure to prevent or remedy the hostile work environment.
The commission alleges a manager at the airline harassed an employee who was born in Mongolia by calling him a slur, grabbing his arm to inspect his identification badge and asking if he liked working for United before slapping him on the back and walking away.
According to the complaint filed by the EEOC, the event occurred on Jan. 11, 2021, and the employee perceived the manager was threatening his job in the interaction. The complaint also claims that at least one other United employee heard the slur.
After the alleged interaction, the employee reported the incident to his supervisor, according to the complaint. He told his supervisor that he was afraid of losing his job and seriously considered quitting.
According to the complaint, the supervisor said he couldn’t investigate the matter and told the employee to provide a written statement to a manager who the supervisor believed was at a comparable level.
The employee prepared a handwritten statement and slid it under the door of the manager. In addition, the complaint says that a coworker of the employee also provided a written statement confirming the incident.
Toward the end of his shift on that day, the employee submitted his two-weeks’ notice to his supervisor, and the notice stated that he was giving notice of his resignation due to United’s failure to respond to his report of “racial discrimination.”
During his two week notice period, the complaint alleges that no one at United investigated the complaint or took further steps, and that the manager he reported the alleged incident to told the employee it was above his authority level and required him to “send it up the corporate ladder.” The employee resigned at the end of his two-weeks notice.
The employee also alleges that he experienced discrimination and harassment based on his race and/or national origin for six months after joining United in 2019.
According to the complaint, United’s corporate security group eventually issued an investigative report regarding the employee’s complaint. In that report, the complaint alleges that United didn’t investigate the incident until one month later on Feb. 16, 2021. It also states United didn’t investigate the accused manager until March 8, 2021 and the witness until May 24, 2021.
On July 13, 2021, the accused manager signed a separation agreement that allowed him to “retire in lieu of termination” from United, according to the complaint.
The EEOC is requesting the district court grant a permanent injunction enjoining United from engaging in any employment practice which discriminates on the basis of race and/or national origin; order United to institute and carry out policies, practices and programs which provide equal employment opportunities for Asian American employees or employees of Asian descent; order United to provide the employee with compensation for past and future pecuniary and nonpecuniary losses resulting from the unlawful employment practices described in the complaint; order United to pay the employee punitive damages; grant further relief the court deems necessary and proper; and award the EEOC its costs in this action.
When reached for comment, the EEOC told Law Week that it wouldn’t be commenting further as the matter is in active litigation.
United Airlines did respond to Law Week’s request for comment on the case.
“After an extensive investigation, the manager in this case was removed from the workplace and is no longer with United. We offered [the employee] re-employment in 2021, but he declined,” a representative for United Airlines told Law Week via email.