Icon Burger Acquisition, LLC settles racial discrimination lawsuit for $ 70,000

Icon Burger Acquisition, LLC recently agreed to settle an employee filed racial discrimination lawsuit for $ 70,000.

Earlier this week Icon Burger Acquisition, LLC agreed to settle a racial discrimination lawsuit for $ 70,000. In addition, according to the US Equal Employment Opportunity Commission (EEOC), the company must “take significant non-monetary action”. What happened?

Seal of the EEOC; Image courtesy of the US Government via Wikimedia Commons,

According to the lawsuit, a manager of a Smashburger in Long Island, New York, “exposed an African-American employee to a racially hostile work environment.” The lawsuit goes on to say that the employee received frequent racial abuse and that the employee was harassed for “having an interracial relationship”. When the employee complained to his district manager about the treatment, according to the EEOC, his complaints were “not taken seriously and the manager managed to involuntarily relocate him to a location much further from his home”.

The treatment the employee allegedly endured violated Title VII of the Civil Rights Act of 1964, which protects employees from racial harassment in the workplace. The lawsuit has been filed in the US District Court for the Eastern District of New York. Before it was filed, however, the EEOC attempted to reach a pre-trial settlement through its voluntary mediation process.

Earlier this month, US District Court Judge Joanna Seybert “issued a three-year consent form to resolve the case.” Under the decree, the employee received $ 70,000 in damages for “emotional stress and other harm.” In addition, the employee was granted non-monetary relief under the decree, including the following: “Revision of Smashburger’s National Anti-Discrimination Policy; Establish nationwide procedures to investigate discrimination and retaliation complaints; nationwide training for supervisors, management and HR employees; Training for all New York employees; and regular reporting to the EEOC. “

Commenting on the case, EEOC Regional Attorney Jeffrey Burstein said:

“It is both abhorrent and illegal to call an African American employee through cruel racist epithets. It is the responsibility of each employer to take prompt and thorough action when they receive a report of racial harassment. “

Judy Keenan, the New York district director for EEOC, also interfered, saying:

“Racial abuse is not acceptable in the workplace and the employer is required to take corrective action immediately if it becomes aware of such misconduct.”

The EEOC’s New York District Office works in a variety of states including New York, Northern New Jersey, Massachusetts, Connecticut, Maine, Rhode Island, Vermont, dealing with allegations of discrimination and “enforcing and enforcing.” Litigation ”and New Hampshire. The EEOC itself aims to help improve opportunities in the workplace by combating discrimination in the workplace.


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