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Employment Law
Racial Harassment
Failure to Prevent Harassment

U.S. Equal Employment Opportunity Commission v. Sutter Transfer Service Inc.

Published: Dec. 22, 2012 | Result Date: Nov. 28, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 2:11-cv-02569-LKK-JFM Settlement –  $30,000

Court

USDC Eastern


Attorneys

Plaintiff

Sirithon Thanasombat

Marcia L. Mitchell
(U.S. Equal Employment Opportunity Commission)


Defendant

Derek J. Haynes
(Porter Scott APC)

Carl L. Fessenden
(Porter Scott PC)


Facts

The U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint against Sutter Transfer Service Inc. and Fiveway LLC on behalf of an African-American driver and his white co-worker alleging racial harassment.

Driver Lonnie Winstead claimed his dispatcher targeted him with racially offensive comments calling him "gorilla," "porch monkey," and using the n-word. One white co-worker also witnessed the racial harassment and even complained to the management, but was ignored. The harassment continued because of the employers' failure to take immediate and effective action.

Result

The parties agreed to a $30,000 total settlement and implementation of measures to prevent future harassment or discrimination.


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