School District Fails to Protect Employee from Racist Attacks by Parents

Internet troll or cyberbully posting hate speech on Social Media, in comments online.

Black Ex-employee Sues Rockwood for Discrimination

Brittany Hogan, the former Director of Educational Equity and Diversity at Rockwood School District, filed a lawsuit in February 2021, alleging that she was subjected to racial abuse by parents and that the administration ignored her complaints. Hogan served the district for eight school years but resigned in April 2021.

The lawsuit claims that Hogan received threatening messages through various channels, including email, phone, and social media, after promoting an anti-racism book called “Stamped” in December 2020. While the book was part of the district’s One Read program, Hogan did not choose it. District officials brought her in to discuss ways to promote the book, but Hogan faced backlash as a result.

The suit said Hogan began receiving racist messages through the district’s Twitter account, with one message saying Hogan and another Black Rockwood official should “work at a different school district where the students were Black.”

In January 2021, Hogan and her secretary began receiving threatening and profane phone calls and email messages, the suit said. One caller demanded that Hogan’s secretary disclose Hogan’s physical location. An email from a parent read, “I hope you sleep well at night …” which the lawsuit claims implied that Hogan might not be safe at night.

The lawsuit said Hogan’s secretary notified administrators about the threatening messages. It also said administrators took no action to protect Hogan, who at the time worked at an unsecured building near one of the district’s middle schools that made her vulnerable to possible altercations.

In February, a human resource employee told Hogan in a telephone call that things had become “out of control.” Still, the lawsuit said she received no assistance or written response.

On Feb. 4, 2021, Hogan emailed her supervisors to tell them she would not participate in the scheduled Feb. 10, 2021, reading of “Stamped” on Zoom with the community. In the email, she said she was being “trolled,” or harassed, by white supremacists on the Twitter diversity account, according to the lawsuit.

She also wrote in that email, “As the only Black woman in district leadership, I am concerned and uncomfortable of how quickly I’ve become the scapegoat of white rage,” the lawsuit said.

During a superintendent’s cabinet meeting in the first week of February 2021, copies of the threats Hogan had received on Twitter were given to every cabinet member. The lawsuit said the only action taken was on Feb. 8, 2021, when then-Superintendent Mark Miles told Hogan to block Twitter accounts harassing her.

Hogan’s lawsuit against the district alleges that they violated her rights by allowing race-based discrimination, harassment, and retaliation. The case lists several incidents throughout the 2020-2021 school year, supposedly demonstrating that Rockwood officials sidelined Hogan, making it impossible for her to perform her job effectively. The lawsuit claims the district created a hostile work environment, leading to Hogan’s constructive discharge.

Following the lawsuit, the Rockwood School District settled for $175,000 through an insurance policy, which included attorney fees and other costs. Hogan’s attorney, Javad Khazaeli, expressed Hogan’s desire to move on from the situation and focus on future endeavors.

Physical and Verbal Harassment

Sexual harassment causes long term damage to the victims psyche.

Sun Chemical Sued for Failure to Correct Racial Discrimination

An employee at Sun Chemical manufacturing facility in Kansas City, Missouri, was subjected to racial harassment by a coworker. The Equal Employment Opportunity Commission reports that the victim faced verbal and physical harassment, including being called the N-word, which was known to other employees. Yet, the management failed to take corrective actions against the harasser. To make matters worse, when the employee complained about the harassment, Sun Chemical issued him a written warning for using profanity against the harasser. This is unacceptable. The lawsuit filed against Sun Chemical demands justice for the victim and action from the company to prevent future racial discrimination. We must stand together against racial harassment in the workplace.

Race and Religious Harassment at Trucking Company

Constitutional rights lawyers of Helmer Friedman LLP.

Trucking Company Allowed Harassment of Former Employee Because of His Race and Religion, Federal Agency Charges

The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against Wheeler Trucking for violating federal civil rights laws. The lawsuit alleges that the company subjected an employee at its Lorain County, Ohio location to harassment based on his religion and race. The former employee was also denied a religious accommodation he requested, and faced retaliation when he complained about the harassment. Ultimately, he was separated from employment.

According to the EEOC, Wheeler Trucking personnel frequently and severely harassed the former employee using racial slurs and derogatory terms. The former employee complained multiple times, but the company failed to take meaningful action to address the harassment or prevent future incidents. When the former employee spoke out against the discrimination and harassment, the company’s treatment of him worsened, leading to his separation from employment.

The EEOC filed the lawsuit under Title VII of the Civil Rights Act of 1964, which prohibits retaliation, race discrimination, and religious discrimination. The case was filed in U.S. District Court for the Northern District of Ohio (EEOC v. Wheeler Trucking d/b/a Wheeler Trucking, Inc. and Wheeler Logistics, Inc., Case No. 1:23-cv-01874) after the EEOC’s attempt to reach a pre-litigation settlement through its administrative conciliation process failed.

Racial Harassment and Retaliation Lawsuit Against Riverwalk Post-Acute Settled

Race harassment is illegal discrimination.

A skilled nursing facility in California, Riverwalk Post-Acute, has agreed to pay $865,000 to settle a racial harassment and retaliation lawsuit filed by the US Equal Employment Opportunity Commission (EEOC). The EEOC alleged that the facility continually allowed black employees to be subjected to racial harassment by residents, co-workers, and a supervisor, including frequent and offensive race-based remarks and slurs since 2018.  The EEOC claimed that the facility’s management failed to respond adequately to multiple complaints of harassment, instead telling employees to tolerate the abuse. The settlement also includes injunctive relief aimed at preventing workplace harassment and retaliation, which includes retaining an EEO monitor, reviewing and revising policies and procedures on discrimination, harassment, and retaliation, creating a structure for employees to report discrimination and harassment, and providing training on anti-discrimination laws.

Sexual Harassment Lawsuit Filed Against Ohio Landlord

Sexual abuse causes long term harm to victims.

The Justice Department has filed a lawsuit against Joseph Pedaline, owner and manager of residential rental properties in Youngstown, Ohio, for sexually harassing female tenants in violation of the Fair Housing Act. Pedaline allegedly subjected tenants to repeated sexual comments, touched them without their consent, entered their homes without permission, offered to waive rent or perform repairs in exchange for sexual contact, and threatened to evict those who refused his advances. The lawsuit seeks monetary damages, a civil penalty, and a court order barring future discrimination. The Fair Housing Act prohibits housing discrimination based on race, color, religion, national origin, sex, disability, and familial status.

Read more about the case on the DOJ website.

Racial Discrimination and Harassment at Kansas Community College

Protecting students from harassment and other discrimination is a top priority of the Justice Department’s Civil Rights Division.

Settlement to Address Racial Discrimination and Harassment at Highland Community College

Summary

  • The Justice Department investigated allegations of discriminatory treatment against Black students at Highland Community College in Kansas.
  • The settlement requires the college to improve transparency and fairness in disciplinary proceedings and enhance policies and training on campus security to prevent discrimination.
  • HCC will also strengthen policies and procedures for addressing students’ complaints of racial discrimination.
  • The college will reform policies on discipline, campus security, housing, and racial harassment and revise procedures for responding to complaints of racial discrimination.
  • HCC will train campus security and other staff on effective de-escalation techniques and non-coercive methods of gathering information.
  • The college will survey and improve the climate and culture of their main campus, cultivate safe and welcoming spaces for Black students, and ensure equitable access to educational programs and activities regardless of race.

The Justice Department has reached a settlement agreement with Highland Community College (HCC) in Kansas following an investigation into allegations of racial harassment and discriminatory treatment against Black students. The complaints stated that Black students were subjected to searches, surveillance, and harsher disciplinary measures leading to their removal from campus housing or even expulsion.

As part of the settlement, the college will improve the transparency and fairness of their disciplinary proceedings to prevent such discrimination. They will also enhance their policies, procedures, and training on campus security to promote non-discriminatory interactions with students. Additionally, HCC will strengthen its policies and procedures for addressing students’ complaints of racial discrimination.

It is important to note that no student should have their educational experience hindered by discrimination based on their race. The Justice Department is committed to safeguarding the civil rights of college students across the country to pursue higher education in a safe, welcoming, and discrimination-free environment.

Under Title IV of the Civil Rights Act of 1964, the department opened its investigation in January 2022. The college cooperated fully and expressed a desire to make positive changes for its students by revising policies and practices, training employees, and enhancing student engagement to improve campus climate.

Under the agreement, Highland Community College will reform policies on discipline, campus security, housing, and racial harassment. They will also revise their procedures for responding to students’ racial discrimination complaints and ensure that they are handled by trained employees. Additionally, they will train campus security and other staff on effective de-escalation techniques and non-coercive methods of gathering information. The college will also survey and improve the climate and culture of its main campus, cultivate safe and welcoming spaces for Black students, and ensure equitable access to educational programs and activities regardless of race.

It is crucial to be aware of the issues of discrimination in educational environments and the steps being taken to address them. For more information, visit the Justice Department’s website at www.justice.gov/crt or the Educational Opportunities Section at www.justice.gov/crt/educational-opportunities-section/educational-opportunities-section.

Edison Sued for Sexual and Racial Harassment

Edison sued for racial harassment and sexual harassment.

Jury Awarded $440 Million in Harassment Lawsuit Against Edison

A Los Angeles jury awarded $ 440 million in punitive damages to two men who alleged they were forced out of their jobs at Southern California Edison after complaining about repeated sexual and racial harassment at a South Bay office.

That decision came after jurors awarded $ 24.6 million in compensatory damages to plaintiffs Alfredo Martinez and Justin Page on Wednesday, bringing the total to more than $ 464.6 million.

These two men had the courage to stand up and report the harassment.

Martinez said he witnessed sexual and racial harassment and abuse during the 16 years he worked at Edison. His lawsuit states one such complaint: Two female workers approached him in March 2017 to complain of sexual harassment. They told Martinez because he was “just about the only supervisor” who could be trusted and had not participated in the harassment.

Martinez alleged that after 16 years at Edison, he had been pushed out of his supervisor job in April 2017 by constructive termination — a claim accusing the employer of creating or permitting intolerable working conditions in order to force out a worker — after reporting widespread sexual harassment and racist language.

SCE’s and Edison’s response was to pretend the problem was limited to a handful of bad actors, ignoring the culture of tolerance for harassment and discrimination that was bred in the South Bay office.

During the eight-week trial, lawyers for Martinez and Page presented evidence they said showed Edison’s South Bay office had a fraternity-like culture in which racial and sexual harassment was widespread, common, and sometimes ignored.

“These two men had the courage to stand up and report the harassment,” one attorney said. “SCE’s and Edison’s response was to pretend the problem was limited to a handful of bad actors, ignoring the culture of tolerance for harassment and discrimination that was bred in the South Bay office.”

Edison’s management did not take the harassment seriously.
The jury award was unusual in that the $ 440 million in punitive damages exceeded by $ 140 million, the amount that their attorney suggested to the jury. The jury awarded punitive damages of $ 400 million to Martinez — $ 100 million from Southern California Edison and $ 300 million from parent company Edison International. The jury awarded Page $ 40 million in punitive damages — $ 10 million from SCE and $ 30 million from Edison International.

The $ 22.37 million in compensatory damages for Martinez is believed to be among the largest in California history for a Fair Employment and Housing Act case.

Edison officials said they would seek a new trial to overturn the verdict.
“The jury’s decision is not consistent with the facts and the law and does not reflect who we are or what we stand for, and we intend to challenge it and seek a new trial,” an SCE spokeswoman said.

In a trial brief, Edison’s legal team argued that the two men had attempted to exploit the “plight of their former female coworkers to create liability where none exists. ” Edison acknowledged in court papers that Martinez and Page reported supervisors ” at the location where they worked were engaging in sexually inappropriate conduct toward female employees. ”

But Edison’s lawyers alleged that Martinez ” violated multiple SCE policies when he falsified the time records of an employee who reported to him. ” In the trial brief, they noted that Page, while reporting the harassment of female colleagues, did not say he was also a victim until later.

Martinez’s lawyers allege that within about 30 days of his reporting the harassment, six retaliatory complaints came in against him. They allege that Edison conducted a sham investigation and used the complaints to push him out of his job.

In court filings, Page alleged that he was threatened with retaliation after he anonymously reported the harassment. Page, who began working for Edison in 2015, transferred out of South Bay to a Fullerton office, but the threats followed him to that location, and he took a leave of absence from which he has yet to return, according to court filings.