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Details of Alleged Discrimination at Exxon®
After investigating a Black employee’s complaint that nooses had been found at an ExxonMobil® Refinery Complex, the federal government filed an employment discrimination lawsuit.
The charges allege that Exxon®—one of the largest multinational oil and gas corporations in the U.S.—failed to protect workers from harassment.
After 5 nooses were found at one of its facilities between April 2016 and December 2020, this lack of action is being called a violation of Title VII of the Civil Rights Act of 1964.
According to the EEOC's statement, Exxon® allegedly “investigated some, but not all, of the prior incidents and failed to take measures reasonably calculated to end the harassment” which resulted in “a racially hostile work environment.”
Employee Milferd McGhee filed a complaint against Exxon® with the U.S. Equal Employment Opportunity Commission after he reported the discovery of a noose to a supervisor.
After his discovery, the recent lawsuit says that the company investigated and banned two unidentified contractors but did not take remedial measures, “such as training, counseling or policy changes, to prevent further racial harassment.”
The government is seeking damages for McGhee’s emotional pain and suffering, inconvenience, and humiliation.
Elizabeth Owen, a senior trial attorney for the EEOC's New Orleans office, said about the incident, “A noose is a longstanding symbol of violence associated with the lynching of African Americans.”
Owen went on to describe the nooses as “inherently threatening and significantly alter the workplace environment for Black Americans.”
An Exxon® company spokesperson said that it disagreed with the federal agency's findings.
The spokesperson said, “We encourage employees to report claims like this, and we thoroughly investigated…the symbols of hate are unacceptable, offensive, and in violation of our corporate policies.”
The Louisiana ExxonMobil® Refinery Complex isn’t the only instance of nooses discovered at public facilities and private businesses.
NPR revealed several other findings of nooses in the past few years, including:
- November 2022. Workers at Chicago’s Obama Presidential Center construction site found a noose.
- May 2022. Students at Stanford University found a noose hanging from a tree.
- May 2021. After workers uncovered several nooses at a proposed warehouse site in Connecticut, Amazon opted to halt construction.
- June 2020. Visitors found nooses at a public park in Oakland, California.
There’s a wide range of discrimination prohibited by the laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC)—relevant laws, regulations, and policy guidance can be found at https://www.eeoc.gov/.
Source: NPR
Details of Various Types of Discrimination
It’s important to understand just what we mean when we discuss workplace discrimination.
A U.S. federal agency is suing Exxon®—one of the largest multinational oil and gas corporations in the U.S.—after 5 nooses were found by employees at a Louisiana ExxonMobil® Refinery Complex.
The Centers for Disease Control (CDC) and Prevention's Office of Equal Employment Opportunity and Workplace Equity (OEEOWE) offer the following details on workplace discrimination.
Age discrimination. According to the Age Discrimination in Employment Act of 1967, it's unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment.
Disability discrimination. Title I and Title V of the Americans with Disabilities Act (ADA) of 1990—as well as the Americans with Disabilities Act Amendments Act (ADAAA) of 2008—provide a wide range of civil rights protection for individuals with disabilities.
Sexual orientation. EEOC interprets and enforces Title VlI’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation.
Parenting Status. It's illegal to discriminate based on an individual’s status as a parent in the Federal government, including a biological parent, an adoptive parent, a foster parent, a stepparent, or the custodian of a legal ward.
Religious discrimination. Employers are prohibited from discriminating against individuals because of their religion in hiring, firing, and other terms and condition of employment.
National origin. This includes discrimination against an employee because of the individual’s birthplace, ancestry, culture, or linguistic characteristics.
Pregnancy. It's illegal to discriminate on the basis of pregnancy, childbirth, or related medical conditions.
Sexual harassment. Sexual harassment is typically defined as unwanted, unwelcome advances of a sexual nature—whether intentional or unintentional—that may include:
- Touch;
- Written note;
- Joke;
- Picture, etc.
The victim and the harasser may be a woman or a man; also, the victim doesn't have to be of the opposite sex.
Race, color, and/or sex. As opposed to harassment, discrimination occurs when men and women are treated differently based on gender.
Reprisal and/or retaliation. This includes being a federal whistle-blower, who is protected under the NoFEAR Act.
The EEOC filed the suit against Exxon® in the U.S. District Court for the Middle District of Louisiana, after it said it tried to reach a settlement after an employee discovered a noose at a Louisiana ExxonMobil® Refinery Complex.
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The Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against applicants and workers in all aspects of employment on the basis of their protected characteristics.
These protected statuses include the following:
- Race
- Gender
- Color
- Religion
- Sexual orientation
- National origin
- Gender identity
Other federal laws that prohibit workplace discrimination include:
- The Age Discrimination in Employment Act;
- The Genetic Information Nondiscrimination Act;
- The Americans with Disabilities Act; and,
- The Pregnancy Discrimination Act
Title VII also protects workers from retaliation for filing discrimination complaints or participating in investigations—the plaintiff must prove that the employee…
- Is part of a protected group based on race, sex, color, etc.;
- Was qualified for or was meeting the job expectations;
- Was not hired nor promoted, or was fired; and,
- Chose someone less qualified and not part of a protected group.
We believe that victims of alleged discrimination while working at ExxonMobil® should receive justice and compensation for losses.
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