Racial Harassment: Confederate Flag Taunting and Racial Slurs
Our client, a Black male and former employee of a local employer, filed a lawsuit in the Eastern District of Michigan against the company alleging a racially hostile work environment under 42 U.S.C. §1981 and the Elliot-Larsen Civil Rights Act (MCL § 37.2202).
Factual Allegations:
Our client faced a hostile work environment characterized by racial discrimination and harassment during his employment from September 2019 to May 2023. Of over 150 employees, he was one of only two Black employees on the factory floor. Our client encountered racial slurs, threats of violence, and targeted harassment, including a co-worker displaying a Confederate flag to taunt him.
When our client reported these incidents to the HR Director, his complaints were dismissed, and HR expressed indifference to the offensive nature of the Confederate flag. HR allowed employees to display the flag on their vehicles, leading to continued racial harassment, including a co-worker parking prominently near our client’s work areas so that he would have to see the confederate flag while he worked. Despite repeated complaints, no corrective actions were taken, and the harassment persisted.
Additionally, our client was denied regular performance reviews and corresponding pay raises for nearly two and a half years, in contrast to other employees. HR’s inaction and apparent support for the discriminatory behavior contributed to the racially hostile workplace.
Claims:
- Hostile Work Environment:
- Fett Law alleged pervasive racial harassment during his employment (2019–2023), including racial slurs and taunting.
- White co-workers used the “N-word” and other slurs, with one employee prominently displaying a Confederate flag as a form of racial intimidation.
- Despite reporting these issues to HR, we claimed no meaningful action was taken, and harassment intensified.
- Retaliation and Neglect by HR:
- HR allegedly dismissed our client’s complaints, expressed a lack of understanding of the Confederate flag’s symbolism, and allowed its display on company property.
- Our client was threatened not to “mess up [his] career” and denied periodic reviews and raises for nearly two and a half years, contrary to company practice.
- Emotional and Economic Harm:
- The harassment and lack of action caused significant emotional distress and economic damages, including missed pay raises and a hostile work environment.
Counts Filed:
- Violation of 42 U.S.C. §1981:
- Severe racial harassment that interfered with our client’s employment and well-being.
- Defendant failed to address or remedy the hostile work environment.
- Violation of Michigan Civil Rights Act (MCL § 37.2202):
- Similar allegations of racial discrimination and the creation of a hostile work environment under state law.
Relief Sought: Fett Law sought:
- Economic and non-economic damages for emotional distress, humiliation, and economic loss.
- Punitive/exemplary damages.
- Costs, interest, and attorney fees.
Outcome:
The parties reached a confidential settlement, the terms of which cannot be disclosed.
Learn more about Fett Law by visiting our racial harassment lawyers page.