Brookdale Senior Living, EEOC settle suit citing racial discrimination at Auburn community
In a settlement announced Thursday by the Equal Employment Opportunity Commission, Brookdale Senior Living agreed to pay $80,000 in restitution to an African American worker who was fired after she complained that her co-workers at an Auburn facility used a phrase with offensive racial connotations in summer 2018.
In addition to the monetary settlement, the EEOC said, Brookdale also agreed to train its personnel on compliance with federal anti-discrimination laws, with an emphasis on retaliation, as part of a two-year consent decree issued Wednesday. The company acknowledged no wrongdoing as part of the settlement.
“We’re just very glad that the company wanted to work out a resolution that would improve the workplace,” said William Tamayo, director of the EEOC’s San Francisco district office. “We’re pleased that they worked with us to change the circumstances, so that this kind of behavior doesn’t happen again.”
In a news release, EEOC officials said that, in June 2018, Gwendolyn Grayson overheard co-workers at the Auburn assisted living facility make a racially insensitive comment and told them she felt uncomfortable. Someone notified management of Grayson’s conversation, the lawsuit stated, and the executive director of the facility required her to attend a June 18 meeting.
“Ms. Grayson was required to justify why she was offended by her coworkers’ comment,” the lawsuit alleged. “She believed the executive director was challenging herbelief that such a comment could offend.23. The next morning, June 19, 2018, Ms. Grayson lodged a complaint with Brookdale’s complaint hotline.”
The company at first suspended her, pending an investigation. Grayson called several times to ask when she could return to work, court documents state, but on June 27, the executive director said she had not responded to repeated attempts to contact her. The executive director fired her, saying she had abandoned her position.
The EEOC’s supervisory trial attorney, John Stanley, said: “This settlement compensates the caregiver for all the consequences of being fired and charts a positive path for Brookdale. We commend the company for its commitment to equal employment opportunity.”
Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to discipline or fire an employee who engages in activity protected by law, including opposing actions perceived to be discriminatory. EEOC attorneys at first attempted to reach a settlement with Brookdale prior to going to pursuing litigation, but when they could not do so, the agency filed the lawsuit, EEOC v. Brookdale Senior Living Communities Inc., in the U.S. District Court for the Eastern District of California in Sacramento.
The company also agreed to implement anti-retaliation policies and post a notice describing employee Title VII rights and its obligations under the consent decree, according to the EEOC.
“The law protects your right to speak up and oppose workplace language that you reasonably believe to be racially offensive,” Tamayo said. “If an employee explains that a certain term evokes a painful racial stereotype, this is an opportunity to demonstrate respect and understanding and conduct a careful investigation into the allegations.”
This story was originally published May 22, 2020 at 5:00 AM.
