United Airlines has settled a lawsuit alleging discrimination against an employee of Asian descent. The incident featured a management using a racial slur toward the victim in 2021. The former United employee will earn nearly $100,000 in compensation, as well as tens of thousands of flying miles from the airline.
A settlement was made.
United Airlines has resolved a lawsuit filed by an ex-employee alleging racial discrimination after an ex-manager used a racial slur against the victim. The airline did not take immediate action and began its investigation more than a month later.
The US Equal Employment Opportunity Commission (EEOC) has stated that United has agreed to pay $99,000 and offer other relief in order to settle a federal lawsuit alleging a hostile work environment based on race or national origin. The EEOC stated:
“United allowed an Asian American employee of Mongolian ancestry to be called by a racial slur; physically assaulted; have his employment threatened based on his race and national origin; and delayed investigating the employee’s internal complaint even though it included claims of physical violence.”
United will also provide 75,000 miles to the victim and review its EEO rules. The carrier will also change its workplace violence policy to ensure that investigations into actual or threatened physical violence are completed within 72 hours of receiving a complaint.
Act of discrimination.
According to The Colorado Sun, the incident occurred in 2021. Alsunbayar Davaabat, a driver at United’s catering plant in Denver, was dining in the cafeteria on January 11. It was the height of the COVID-19 pandemic, and mask regulations were in effect.
People were expected to wear masks at all times, except when eating. When Davaabat finished his meal, he and a coworker headed to the trash bin when Terry McGurk, senior manager of food and materials, saw their masks were removed.
McGurk asked them to put their masks back on, and they said “yes sir.” According to the lawsuit, McGurk responded to Davaabat with a racial epithet, resulting in a fight when McGurk “grabbed and twisted” Davaabat’s arm.
The victim, who was “shocked and afraid for his physical safety and of losing his job,” reported the incident so that McGurk may face consequences. When nothing transpired, Davaabat resigned from his employment and left with two weeks’ notice.
United did not launch an inquiry until more than a month after the incident, and it took around four months to interview witnesses. The EEOC stated that this was unacceptable because the carrier manifestly failed to take prompt action. EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill, whose authority encompasses Colorado, stated,
“Employers must take prompt and effective action to address complaints of a hostile work environment, especially where the complaint includes allegations of physical violence.”
Simple Flying obtained the following comment from United Airlines:
“Following an extensive investigation, the manager in this case was removed from his position and is no longer with United.” We offered the plaintiff reemployment in 2021, but he declined. United is delighted that this lawsuit has been settled, since it will avoid protracted litigation for all parties.”
Similar cases.
United is not the only airline involved in a case like this. American Airlines recently settled a racial discrimination complaint filed by three African American men. The victims claimed they were taken from a flight because of racial discrimination.
The incident occurred in January 2024 while a flight from Phoenix Sky Harbor International Airport (PHX) to New York. Eight passengers were compelled to deplane when a flight attendant reported a bad stench in the cabin. All eight passengers were black. Three of those passengers sued American Airlines in May.
In November, a Jewish American flight attendant sued Delta Airlines for antisemitic discrimination and retribution. The article below provides a detailed analysis of the case.
FAQ
What was the racial discrimination lawsuit against United Airlines about?
The lawsuit was filed by a Denver employee alleging racial discrimination and unfair treatment in the workplace.
How was the lawsuit resolved?
United Airlines settled the lawsuit by reaching an agreement with the employee, resolving the allegations.
What does this settlement indicate about United Airlines’ policies?
The settlement reflects United Airlines’ efforts to address workplace discrimination and promote an inclusive and equitable environment.
What steps does United Airlines take to ensure workplace fairness?
United Airlines implements diversity and inclusion initiatives, training programs, and robust anti-discrimination policies.
What impact does this settlement have on workplace diversity and inclusion?
This case underscores the importance of corporate responsibility and reinforces the need for strong workplace diversity and anti-discrimination measures.