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6th Circuit offers tips on managing workplace harassment, discrimination complaints

March 2022 employment law letter
Authors: 
John T. Below and Alexander J. Burridge, Bodman PLC

A new decision from the U.S. 6th Circuit Court of Appeals (which covers Michigan employers) provides guidance for employers on the corrective actions necessary to respond to employee harassment allegations under Title VII of the Civil Rights Act of 1964.

4 separate incidents alleged

Ronald Burns was employed as a maintenance technician by Berry Global, Inc., where he claimed he was the victim of racial harassment. On four separate occasions, racially discriminatory notes and items were placed in his locker or toolbox. After each incident, the employer promptly responded and progressively increased its remedial action to end the harassment. Among the remedial action taken, Berry Global:

  • Diligently reviewed security footage;
  • Interviewed 19 employees on two different occasions;
  • Held refresher training for all workers; and
  • Improved safety measures by relocating security cameras and requiring supervisors to inspect the locker rooms before and after shifts.

Throughout the investigation, Berry Global continuously updated and communicated with the victim.

Court uses coworker harassment standard

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