Airline Settles Federal Lawsuit for Former Asian American Employee Subjected to a Hostile Work Environment Based on His Race (Asian) and National Origin (Mongolian)
DENVER — United Airlines, Inc. a Delaware corporation with a major hub at Denver International Airport, will pay $99,000 and provide other relief to settle a federal lawsuit for a hostile work environment based on race and national origin, the U.S. Equal Employment Opportunity Commission (EEOC) announced today.
According to the EEOC’s lawsuit, United allowed an Asian American employee of Mongolian ancestry to be called by a racial slur; physically assaulted; have his employment threatened based on his race and national origin; and delayed investigating the employee’s internal complaint even though it included claims of physical violence.
The allegations arose at the height of the COVID-19 pandemic, when Asian Americans and those of Asian descent experienced public hostility and violence because of their race and/or ethnicity based on a common misconception that Asians caused the virus or pandemic. The allegations demonstrated how public vitriol manifested as backlash discrimination in the workplace.
Such alleged conduct violated Title VII of the 1964 Civil Rights Act, which protects individuals from workplace discrimination and harassment and prohibits retaliation against persons who report such abuses. The EEOC filed suit in U.S. District Court of Colorado (EEOC v. United Airlines, Inc., Civil Action No. 1:24-cv-02438-TPO) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.
In addition to paying $99,000 and giving 75,000 flight miles to the former employee, the three-year consent decree settling the case requires United to review its EEO policies, post employee notices, and submit regularly scheduled compliance reports to the EEOC. Most importantly, United agreed to modify its workplace violence policy to provide that investigations of actual or threatened physical violence are initiated within 72 hours of the notice of complaint.
“Employers must take prompt and effective action to address complaints of a hostile work environment, especially where the complaint includes allegations of physical violence,” said EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill, whose jurisdiction includes Colorado.
O’Neill pointed out that the EEOC recently reissued its Enforcement Guidance on Harassment in the Workplace, which, she said, all employers should read.
EEOC Phoenix District Office Director Melinda Caraballo added, “Employers should be aware that they cannot discriminate based on the national origin or race of their employees. The EEOC wants to ensure that every individual has the freedom to compete in the workplace on a level playing field regardless of race or national origin. Employers in general, and the American economy in particular, benefit when all employees have the opportunity to achieve their fullest potential.”
For more information on national origin discrimination, please visit https://www.eeoc.gov/national-origin-discrimination. For more information on race and color discrimination, please visit https://www.eeoc.gov/racecolor-discrimination.
EEOC enforces federal laws prohibiting employment discrimination.