LM Wind Power, Inc., a manufacturer of wind turbine blades, has agreed to pay $125,000 to settle a racial harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission ("EEOC").

The EEOC alleged a Black employee was subjected to pervasive racial harassment, including slurs and threats of violence, by managers and coworkers.

According to the EEOC, the defendants failed to take effective action to stop the harassment and, in addition, terminated the employee for complaining about the harassment.

According to the source:

…a Black employee's managers and co-workers subjected him to pervasive racial harassment, including racial slurs and insults, and racially charged threats of violence. The employee reported the harassment, but leadership at LM Wind Power's Grand Forks failed to take effective steps to stop it. The EEOC also asserted retaliation claims on behalf of the employee, after he was terminated for complaining about continuing harassment from co-workers.  https://www.eeoc.gov/newsroom/lm-wind-power-inc-agrees-pay-125000-eeoc-racial-harassment-and-retaliation-lawsuit (Oct. 21, 2024).

Commentary

Title VII prohibits discrimination and harassment based on race and other protected status. Employers who are made aware of coworker-to-coworker harassment will be held liable unless they effectively address the situation.

The core claim in the above matter is the failure of the employer to address the harassment, once it was reported.

Addressing harassment and discrimination starts with a timely, fair, and professional investigation of the allegations. Failure to provide an investigation or failure to provide a well-performed investigation can lead to liability.

Here are some best practices to consider for arranging an investigation:

• Never ignore a report of workplace wrongdoing
• Arrange for a prompt, thorough, and objective investigation of every report
• Ask the complainant to provide a detailed written statement, but do not require it. Many are too uncomfortable to submit a written statement. The investigator will begin the interviews with them, whether they submit a writing or not.
• Use a professional, experienced investigator who understands the elements of the claim and can be an effective communicator in court
• If possible, use a third-party investigator for enhanced objectivity, especially in a small organization or when a report involves allegations against a leader or multiple accused
• Identify a point person to coordinate witness interview schedules and the retrieval of documents and other tangible evidence for the investigator.
• Inform the complaining employee and the accused about the investigation process. Do not guarantee confidentiality, but let them know the information will be kept as confidential as possible. Let them know they should report any retaliation.
• Make sure the investigator will prepare a written investigation report that contains fact-finding, but not conclusions or solutions.