United Airlines to Pay $99,000 in EEOC Discrimination Case
Airline Settles Federal Lawsuit for Former Asian American Employee Subjected to a Hostile Work Environment Based on His Race (Asian) and National Origin (Mongolian)
DENVER, CO (STL.News) United Airlines, Inc., a Delaware corporation with a major hub at Denver International Airport, will pay $99,000 and provide other relief to settle a federal lawsuit for a hostile work environment based on race and national origin, the U.S. Equal Employment Opportunity Commission (EEOC) announced recently.
According to the EEOC’s lawsuit, United Airlines allowed an Asian American employee of Mongolian ancestry to be called a racial slur, physically assaulted, have his employment threatened based on his race and national origin, and delayed investigating the employee’s internal complaint even though it included claims of physical violence.
The allegations arose at the height of the COVID-19 pandemic when Asian Americans and those of Asian descent experienced public hostility and violence because of their race and/or ethnicity based on a common misconception that Asians caused the virus or pandemic. The allegations demonstrated how public vitriol manifested as backlash discrimination in the workplace.
Such alleged conduct violated Title VII of the 1964 Civil Rights Act, which protects individuals from workplace discrimination and harassment and prohibits retaliation against persons who report such abuses. The EEOC filed suit in the U.S. District Court of Colorado (EEOC v. United Airlines, Inc., Civil Action No. 1:24-cv-02438-TPO) after first attempting to reach a pre-litigation settlement through its voluntary conciliation process.
In addition to paying $99,000 and giving 75,000 flight miles to the former employee, the three-year consent decree settling the case requires United to review its EEO policies, post employee notices, and submit regularly scheduled compliance reports to the EEOC. Most importantly, United agreed to modify its workplace violence policy to provide that investigations of actual or threatened physical violence are initiated within 72 hours of the notice of complaint.
“Employers must take prompt and effective action to address complaints of a hostile work environment, especially where the complaint includes allegations of physical violence,” said EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill, whose jurisdiction includes Colorado.
