Employee Wins $5.8 Million Discrimination Lawsuit Against Supervisor

A jury awarded $5.8 million to a white employee of a Texan company known as El Paso Electric in a discrimination lawsuit after a dispute with a supervisor who is Hispanic. The company’s attorney denied any discrimination and says that El Paso Electric will appeal.

The white employee, Mark Duncan, was a benefits supervisor until late 2007. Duncan alleged that he was fired after his life was threatened during an altercation with a human resources manager who is Hispanic. The company feared the manager would file a discrimination lawsuit against them if dismissed, and so the company fired both workers.  Read More.

Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the basis of race, color, national origin, sex, or religion.  Discrimination on the basis of an immutable characteristic associated with race, such as skin color, hair texture, or certain facial features violates Title VII, even though not all members of the race share the same characteristic. Even though race and color overlap, they are not synonymous. Color discrimination can occur between persons of different races or ethnicities, or between persons of the same race or ethnicity. Although Title VII does not define “color,” Courts have created a common understanding which includes: pigmentation, complexion, or skin shade or tone. Thus, color discrimination occurs when a person is discriminated against based on the lightness, darkness, or other color characteristic of the person. Title VII prohibits race/color discrimination against all persons, including Caucasians.  Although a plaintiff may prove a claim of discrimination through direct or circumstantial evidence, some courts take the position that if a white person relies on circumstantial evidence to establish a reverse discrimination claim, he or she must meet a heightened standard of proof. The Commission, in contrast, applies the same standard of proof to all race discrimination claims, regardless of the victim’s race or the type of evidence used.  Read More.

The attorneys at Leeds Morelli & Brown, P.C., dedicate a large amount of their practice to discrimination claims.  For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-800-585-4658 Leeds Morelli & Brown P.C.’s website is located at www.lmblaw.com.