A Memphis radioactive waste processing company will pay $650,000 to 23
African American employees and provide other relief to settle a race
and retaliation discrimination lawsuit filed by the U.S. Equal
Employment Opportunity Commission (EEOC).
According to the EEOC’s suit against Race, LLC, doing business as
Studsvik, LLC (Civil Action No. 2:07-cv-2620, filed in U.S. District
Court for the Western District of Tennessee, Western Division),
Courtney Britton, who worked as a lead worker in the shop for Studsvik,
and other African American employees, were subjected to racially
offensive comments by their white supervisor. Further, the complaint
alleged that Britton’s supervisor regularly referred to him and other
African American employees with the N-word and other derogatory slurs,
such as “boy.”
In addition, the EEOC said, white managers subjected Britton and
other African American employees to excessive radiation exposure, more
than their white co-workers. The EEOC also charged that Britton was
suspended for 15 days and then laid off in retaliation for complaining
about the racial harassment.
“Some of the discrimination alleged in this case is unusually
extreme because of the physical danger it created for African American
employees,” said EEOC Acting Chair Stuart J. Ishimaru. “It is deeply
disturbing that this kind of race-based discrimination could be
inflicted upon innocent workers. Further, the EEOC is particularly
concerned when people who have the courage to speak out against such
discrimination then experience retaliation by their employer. The EEOC
will fight such misconduct forcefully, as we did in this case.”
Besides the monetary relief, the three-year consent decree resolving
the case enjoins Studsvik from discriminating against its employees
because of their race and from retaliating against workers who assert
their rights, and enjoins Studsvik from making assignments in the shop
area based on race. Studsvik agreed to adopt and maintain an
anti-discrimination policy prohibiting discrimination, to distribute
the policy and complaint procedure to all employees, and to provide
mandatory training to all employees regarding the policy.
At the training, Studsvik’s highest ranking individual will either
appear in person or via video conferencing to announce and affirm the
company’s commitment to a zero tolerance policy concerning race
discrimination, its new anti-discrimination policy, and the penalty for
violating the policy. Finally, Studsvik will provide annual written
reports for three years to the EEOC regarding its job assignments and
any complaints about discrimination.