One employee shared her experience of facing racism at her workplace, where she and other Black colleagues were subjected to racial slurs, including an extremely offensive term. She also witnessed Confederate flags displayed on vehicles and clothing worn by fellow employees. Shockingly, three nooses were even placed around workstations of Black employees.
The employee, named Banks, revealed that she had taken leave due to work-related stress and filed a complaint with the Equal Employment Opportunity Commission (EEOC) in late 2013. However, instead of addressing her concerns, the company retaliated by suspending her disability benefits and demoting her upon her return. This led her to file a lawsuit in November 2014.
In a comprehensive 74-page decision, Circuit Judge Denny Chin concluded that the evidence pointed towards a “pervasive and long-term sex and race-based animosity” that could constitute a hostile work environment, which a reasonable jury could deem as unacceptable. The usage of the highly offensive epithet, known as “the most offensive word in English,” and the placement of a noose, a symbol historically associated with violence, were cited as supporting Banks’ claim.
The appeals court not only acknowledged the presence of bias, but also found evidence suggesting an intent to retaliate in the demotion of Banks. As a result, the case was sent back to U.S. District Judge William Skretny in Buffalo, New York.
General Motors (GM), the automaker based in Detroit, declined to comment. GM had previously argued that many of the incidents Banks complained about were too old and that the overall circumstances did not amount to a hostile work environment.
Banks’ lawyer has yet to respond to requests for comment. It is worth noting that Banks took disability leave again in January 2016 and remained on leave as of last month.
The EEOC, which supported Banks’ appeal, has been actively addressing similar cases. In March, the agency filed a lawsuit against Exxon MobilXOM.N after the discovery of nooses at the oil company’s complex in Baton Rouge, Louisiana.
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