Total Articles: 2
Third Circuit keeps the Peace but dismisses
The Third Circuit recently issued a reassuring decision for employers.
Specifically, it affirmed the dismissal of race discrimination and
retaliation claims filed by a former café worker because her supervisors
made no overt racial statements and the employer promptly addressed all
allegations in a manner reasonably calculated to prevent further
harassment.
Company’s Prompt Reaction to Noose Precludes Liability for Racial Discrimination.
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.
