Retailer to Pay $165,000 to Settle Race Bias Suit; Training Required

 
Thursday, September 27, 2018
 
Sporting goods retailer Big 5 Corporation will pay $165,000 and provide other relief to settle a racial discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced.

According to the EEOC's suit, Big 5's store manager and assistant managers in Oak Harbor, a town on Whidbey Island, Wash., subjected management trainee Robert Sanders to ongoing racial harassment and death threats. Sanders was the only African-American employee at the Whidbey Island location. Sanders was called "spook," "boy," and "King Kong" and was told that he had the "face of a janitor." The litany of unremedied racial comments escalated when an assistant manager allegedly said, "We will hang you. We will seriously lynch you if you call in again this week."

The EEOC said that another assistant manager asked Sanders if he was "ready to commit suicide," offering "assistance" when he was ready to do so. Sanders was forced to go on several leaves due to stress from the ongoing racial harassment, threats, and retaliatory work assignments and discipline, according to the agency. Big 5 ultimately terminated Sanders.

Racial harassment and retaliation violate Title VII of Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Western District of Washington (EEOC v. Big 5 Sporting Goods Corp., Civil Number 2:17-CV-01098) after first attempting to reach a pre-litigation settlement through its conciliation process. Sanders was also represented by private attorneys Scott G. Thomas and Terry Venneberg.

The three-year consent decree settling the lawsuit provides $165,000 to Sanders in lost wages and compensatory damages. The decree also requires Big 5 to train its employees, supervisors, managers and investigators on preventing and reporting workplace racial harassment and retaliation under Title VII. Big 5 will also ensure that its anti-harassment workplace policies prohibit harassment, discrimination and retaliation.
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