Employer's failure to take action and address complaints results in the largest individual monetary settlement ever obtained by the EEOC in a race discrimination suit.

This month Lockheed Martin agreed to pay $2.5 million to settle a racial harassment lawsuit brought by the EEOC on behalf of an African-American electrician who alleged he was subjected to a racially hostile work environment. [U.S. Equal Employment Opportunity Commission v. Lockheed Martin, CV-05-00479, (D. Haw. 2008)].

The EEOC charged that the electrician was the target of persistent verbal abuse by co-workers and a supervisor whose racial slurs and vulgar language included calling him the "N-word" and saying "we should do to blacks what Hitler did to the Jews" and "if the South had won then this would be a better country."

The EEOC claimed the company, which has a no-tolerance policy on racial discrimination, failed to respond appropriately to the electrician's report of alleged harassment, even though he claimed the behavior had escalated to threats of physical violence, including death threats. When the electrician contacted HR, his complaints were dismissed and he was told "boys will be boys." He was also warned not to take legal action against the company.

The $2.5 million settlement is the largest ever obtained by the EEOC for a single individual in a race discrimination suit. In addition to the monetary payment, the settlement also requires Lockheed Martin to implement anti-discrimination training. As stated by the EEOC, "It is imperative that employers...take proactive measures to ensure that discrimination complaints are taken seriously and that all employees work in an environment free of harassment." 

This case underscores the importance of implementing training, follow-up, and accountability to ensure policies are applied consistently and disruptive behavior is acted upon promptly and appropriately. While it is critical to have policies and values in place, managers must also have the knowledge, motivation, and skills to enforce the policies, operate by the values, and maintain a civil, legal work environment for all employees.

Read more about the case on the EEOC's website.

EEOC Enforcement Statistics: Race-Based Charges