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Porter v. Erie Foods International, Inc., 7th Cir. No 08-1996, August 7, 2009

Articles Discussing Case:

Company’s Prompt Reaction to Noose Precludes Liability for Racial Discrimination.

Ogletree Deakins • August 26, 2009
When an individual claims to have been racially harassed by co-workers, he or she must show that the employer was negligent either in discovering or remedying the harassment. An employer can avoid liability for co-worker harassment if it takes prompt and appropriate remedial action that is likely to prevent the harassment from recurring. Recently, the 7th U.S. Circuit Court of Appeals analyzed specific actions taken by a company after a noose was found hanging in a workplace, and found those actions to have been sufficient to uphold summary judgment in the company’s favor.