An employer who took prompt, effective corrective action when a racially offensive remark was reported to management was relieved of liability under a hostile work environment claim, a federal district court in Michigan rules.
It came to a worker’s attention that another worker was referring to him as “Cornelius,” an ape character from “Planet of the Apes.” The supervisor learned of the comment from another employee, and spoke with the offended worker because he was worried about a possible fight occurring. The supervisor cautioned the worker about “getting physical” with the alleged offender, then conducted an investigation with the accused. Upon confirming that the reference was made, the supervisor warned the accused about making racially offensive remarks and brought the incident to the attention of the comptroller. In the meantime, the offended worker confronted the accused, raising his voice and pointing his finger in the face of the other worker.
After the confrontation, management suspended the accused for making offensive remarks and gave him a final warning about any future work violations; he immediately stopped using the offensive term. The offended worker was also warned about his confrontational conduct, but was not otherwise disciplined. However, the worker got into a subsequent conflict with another employee and was subsequently terminated for his behavior. He then filed a discrimination complaint with the Equal Employment Opportunity Commission against his employer charging a hostile work environment and retaliatory discharge.
The court rejects the claim, stating that the offended worker learned of the “Cornelius” reference on the same day management did, and that management took prompt action including sending the offender home without pay and issuing a “last chance” warning. “A timely company reprimand that stops the offensive conduct is sufficient to relieve an employer of Title VII liability,” the court says. Furthermore, his confrontational behavior was not protected, because “Title VII does not protect acts of physical violence in opposing unlawful discrimination,” says the court. EEOC v. Dairy Fresh Foods, Inc.
