Kurt Orzeck at Law360 reports here (subscription required) about a recent settlement — actually a consent decree — entered into between a North Dakote employer and a Filipino employee who sued for race and national origin discrimination. Among other things, the employee claimed that his manager called him “monkey,” “ape” and “non-white motherf*cker,” and even urinated on him.
According to the Complaint, a supervisor witnessed the harassment, but did nothing. The employee also allegedly complained to the company in writing about discrimination, only to be fired the next day.
Ironically, the urination may have been the only act which, if true, was not directed at the employee because of his race or national origin. But, otherwise, this case has all the trappings of blog-post fodder: awful slurs and a complaint of discrimination followed immediately by an adverse employment action. Geez, on the firing alone, this case could have gone to trial.
As the plaintiff’s lawyer aptly described it, “This case shocks the conscience.”