Although most employers are well aware that sexual harassment is a serious issue, supervisors sometimes don’t take other types of workplace harassment as seriously – even though the risks can be just as great. In one recent case, for example, United Airlines found itself on the hook for nearly $3 million in damages after a worker with four months tenure was repeatedly harassed because of his nationality and religion.
Employee Ridiculed And Demeaned
Ahmad Abu-Aziz, a Muslim from Jordan, cleaned United’s airplane cabins at Oakland Airport. Abu-Aziz said his team leader, Dave Gunn, ridiculed his name, assigned him to clean all the airplane lavatories and once ordered him to scrub a toilet with his hands rather than a brush. Gunn also allegedly mocked Abu-Aziz’s religion by making jokes in front of co-workers about Muslim women and asking how many wives he had. Abu-Aziz claimed that other employees used profanity, were rude and unfriendly, and said he “looked like a terrorist.”
Workers Told To “Be Friends”
Abu-Aziz alleged that when he complained to his supervisor, he was told he was not being a “team player” and should keep a low profile to avoid having a negative entry in his personnel record hinder his advancement opportunities. The supervisor did not investigate Abu-Aziz’s harassment allegations but instead arranged for Abu-Aziz and Gunn to meet the next day to shake hands, with the admonition that they should “be friends.”
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Co-Workers Charge Misconduct
About a month later, however, Gunn and three co-workers submitted written statements accusing Abu-Aziz of stealing alcohol and drinking on the job. Abu-Aziz, who said he never uses alcohol because his religion forbids it, denied the allegations and contended the charges were fabricated by the same employees he had previously accused of harassing him. Nonetheless, he was fired.
$3 Million Verdict Upheld
Abu-Aziz sued United, charging the airline with religious and national origin harassment and retaliation. United argued that it had neither discriminated nor retaliated against Abu-Aziz. But a jury found in Abu-Aziz’s favor, awarding him economic and emotional distress damages totaling $296,201 and punitive damages of $2,670,000. United appealed, but a California appeals court affirmed the jury’s verdict. The court said it was reasonable for the jury to conclude that Abu-Aziz had been subjected to harassment based on his religion and national origin, in violation of the state’s anti-discrimination laws. It also upheld the jury’s conclusion that Abu-Aziz was fired in retaliation for complaining about the harassment.
Keys To Handling Charges
As this verdict shows, it’s crucial to treat harassment allegations involving race, religion or national origin just as sensitively as charges of sexual harassment. Every complaint must be referred to staff who are trained to conduct investigations, then impose appropriate discipline, and take all steps to ensure that the harassment stops. Asking the accused and the accuser simply to shake hands and make up is not an adequate response.