Complying with Title VII requires prompt investigation, appropriate remedial measures

A citizen of the United Houma Nation endured repeated belittling and bullying in an unfortunate reminder that racist attitudes persist across many different races and cultures. A recent case is a reminder that employers should promptly respond to complaints and take remedial measures when appropriate.

Background

Josh Desport is a citizen of the United Houma Nation. He was formerly employed by Shamrock Energy Solution, LLC, where he was a lead production operator on oil platforms. He resigned his employment after nearly two years of enduring, according to his lawsuit, an ongoing racially hostile work environment.

For example, one coworker allegedly asked Desport why he didn’t “live on a reservation and live off of free money” and why he was “sitting on the floor like some kind of Indian.” He claimed the same coworker initiated physical confrontations with him and that he was the only target of the physical aggression.

As another example, Desport alleged he was routinely referred to as the “platform Mexican,” that he was the subject of offensive jokes about traditional Native American customs, and that he had a propaganda poster tacked above his bedroom wall depicting the arrests of the Oceti Sakowin Camp by armed riot police.

In mid-2016, Desport complained to a manager via e-mail that “people have cursed [him], pushed [him], made racist remarks about [his] looks and [his] heritage.” According to him, however, the manager responded by telling him to simply ignore the comments at issue, even though he conveyed he felt “belittled” by them.