Oberman Law Firm

OBERMAN LAW FIRM

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Discriminatory Conduct in the Workplace Should Not be Tolerated

Employers must communicate to all employees that discriminatory conduct will not be tolerated within the workplace.

On January 10, 2024, AOD Ventures, Inc. doing business as Autos of Dallas, a local retailer of pre-owned vehicles in the Dallas-Fort Worth area, was required to pay a penalty in the amount of $22,500.00, in order to settle a racial discrimination lawsuit that was filed by the U.S. Equal Employment Opportunity Commission (EEOC).

According to the EEOC’s lawsuit, a car salesman, who is black, attended a holiday party in December 2019. During the party, a member of the management team called the car salesman to the front of the room, and handed him a trophy labeling him as the employee “Least Likely to Be Seen in the Dark.” The car salesman and other employees who attended the holiday party found the trophy offensive. As alleged in the EEOC’s complaint, the car salesman complained about the trophy to Autos of Dallas’ general manager, however, no remedial action was taken in response to the salesman’s complaints. After the car salesman returned to work (after the holiday party), other employees teased the car salesman about the trophy and subjected him to offensive comments.

This alleged conduct clearly violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race and color. The EEOC filed a lawsuit against the retailer (Civil Action No. 4:21-CV-00418, in U.S. District Court for the Eastern District of Texas, Sherman Division) after the EEOC first attempted to reach a pre-litigation settlement through its conciliation process.

Under a Consent Decree, along with the monetary damages, Autos of Dallas agreed to implement training for all of its employees regarding racial discrimination and racial harassment. The two-year (2) decree also enjoins Autos of Dallas from any illegal employment practices that involves racial discrimination, including any type of race harassment that creates a hostile work environment.

In todays workplace, it is beyond comprehension how such egregious conduct can take place. Employers must have zero tolerance for any type of harassment or discrimination within the workplace. In addition, employers should conduct training to their employees which specifically outlines conduct that will not be tolerated within the workplace.

Source:

Autos of Dallas settles eeoc race discrimination suit. US EEOC. (2024, January 10). https://www.eeoc.gov/newsroom/autos-dallas-settles-eeoc-race-discrimination-suit

About Us
Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.

As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.

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Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. <strong><a href="https://obermanlaw.com/people/stuart-j-oberman/"><span style="color: #0059b8;">Read More =></span></a></strong>

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