Employees of any company in New Jersey and around the country should be able to work in an environment free from discrimination. Unfortunately, other employees’ prejudices can make their way into the workplace. These can include offensive jokes, derogatory terms and racial slurs. Employees should not have to worry about being fired if they report such misconduct to management.

Of course, employer retaliation still does occur, despite its illegality. In 1964, Congress enacted the Civil Rights Act, and Title VII of that Act prohibits employer retaliation. One employee whose rights under that law were violated recently received a settlement in his wrongful termination lawsuit that accused his former employer of retaliation.

The man worked for a painting company. According to the lawsuit, his immediate supervisor used a highly offensive racial slur that the man found appalling. He then brought the supervisor’s racial discrimination to the attention of the company. The man finished out that painting season with the company, but when the following year came around, the company retaliated by not hiring him again.

The EEOC filed a lawsuit on his behalf in 2011, and a settlement agreement was announced last week. Under the terms of the settlement, the company will pay $65,000 to the employee. In addition, the company will have to manage future complaints of discrimination using a completely redesigned protocol. To address behavior like that of the supervisor, the company must also train management staff to avoid discrimination.

Dale Price, one of the lead attorneys for the EEOC, stated, “The right of an employee to object to discriminatory conduct without fear of being punished by his employer is fundamental to ensuring equal employment opportunity.”

Source: U.S. Equal Employment Opportunity Commission, “Atsalis Brothers Painting Company to Pay $65,000 to Settle EEOC Retaliation Lawsuit,” Mar. 9, 2012.