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LABOR & EMPLOYMENT LAW — 3/31/08

Judge rules that rare color bias suit against Family Dollar can move forward

A rare color bias suit alleging that Family Dollar subjected African-American employees to harassment based on their dark skin color can move forward, announced the US Equal Employment Opportunity Commission (EEOC) on March 13, 2007 (EEOC v Family Dollar, Inc, NDIll, No 07 C 6996).

Filed in December 2007 by the agency's Chicago district office, the Title VII action alleges that an African-American manager at a Chicago, Illinois, Family Dollar store harassed dark-skinned African-American workers because their skin color was "too dark." The manager told one African-American employee that she was "black as charcoal" and to "look in the mirror," said EEOC trial attorney Gordon Waldron, who is responsible for the litigation. Family Dollar, in its effort to dismiss the litigation, argued that the EEOC's complaint failed to "state a claim upon which relief can be granted," according to the agency. But the district court rejected that argument, instead ruling that "the allegations and factual statements in the complaint clearly put Family Dollar on notice that the instant action is based on Family Dollar's alleged discrimination on the basis of skin color against…employees starting in 2005, all in violation of Title VII."

"The decision allowing this case to move forward is significant because color discrimination lawsuits brought by the EEOC are rare," said John Hendrickson, the EEOC's regional attorney in Chicago. "Employers must recognize that federal law prohibits job discrimination not just on the basis of race, but also on the basis of color. Just as it is illegal to discriminate against African-Americans on account of their race, it is likewise illegal to discriminate against dark-skinned African-Americans in favor of those with light skin, or vice-versa."

The EEOC has observed a substantial increase over the past 15 years in discrimination charge filings based on color, which have risen from 374 in fiscal year (FY) 1992 to 1,241 in FY 2006. Color discrimination occurs when a person is discriminated against based on their skin pigmentation (lightness or darkness of the skin), complexion, shade or tone. Color discrimination can occur between persons of different races or ethnicities, or even between persons of the same race or ethnicity. On February 28, 2007, former EEOC Chair Naomi Earp launched the agency's E-RACE Initiative (Eradicating Racism And Colorism from Employment), a national outreach, education, and enforcement campaign focusing on new and emerging race and color issues in the 21st century workplace. Further information about the E-RACE Initiative is available on the agency website.

For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.

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