San Antonio Racial Harassment Lawsuit

In a Press Release at http://www.eeoc.gov/press/9-25-09.html , the U. S. Equal Employment Opportunity Commission (”EEOC”) announced that it filed a federal discrimination lawsuit in San Antonio against a Pearsall, Texas nursing and rehabilitation center, alleging that the company violated federal law by subjecting an African American employee to racial harassment and retaliation, and also by retaliating against both her and a white colleague who objected to the misconduct.  According to the EEOC’s September 25, 2009 Press Release, the company allowed and condoned the racial harassment of the black employee by her subordinate, including the woman being repeatedly called the “N-word” together with other demeaning expletives.  EEOC attorneys charge that the company fired her after she reported the illegal discrimination, and also discharged a white employee for reporting the harassment of her colleague.  A trial attorney in the EEOC San Antonio Office was quoted as saying that no one should be subjected to derogatory racial comments and slurs and no company should tolerate such workplace behavior.  Another EEOC San Antonio Office attorney added that “Employers should be aware that they have a responsibility to prevent discriminatory treatment and to take remedial action to correct it when they are made aware of it.”  EEOC attorneys filed the discrimination lawsuit in San Antonio after first attempting to reach a voluntary settlement.  In this regard, the EEOC is a federal agency which enforces federal laws prohibiting employment discrimination, including harassment based on race.  Whether racial harassment related to employment occurs in San Antonio or elsewhere, victims of workplace race discrimination and retaliation for opposing the harassment may contact the EEOC and an attorney to determine if a racial harassment and retaliation lawsuit is ultimately appropriate under the particular facts and circumstances of the potential harassment claim.