Dive Brief:
- The 11th U.S. Circuit Court of Appeals has revived an employee's race discrimination suit in which she alleged she was denied a transfer because a manager "wanted a Korean" in the position (Jefferson v. Sewon America Inc., No. 17-11802 (11th Cir., June 1, 2018)).
- Jerberee Jefferson worked for Sewon America Inc. as a finance clerk. Shortly after beginning work there, she expressed interest in transferring to the IT department, explaining that getting into IT was a career goal of hers and that she had been taking related courses at a local community college. Although an IT manager initially agreed, he later told her that she was ineligible for the transfer "because she lacked experience and because a higher-ranked manager 'wanted a Korean in that position,'" according to court documents. Jefferson reported the statement to HR and was fired a week later for performance deficiencies.
- Jefferson sued, but a district court granted summary judgment for the employer, finding that its failure to transfer her wasn't an adverse employment action and that her termination wasn't discriminatory. On appeal, however, the 11th Circuit reinstated some of her claims, finding that Jefferson had presented direct evidence that Sewon fired her on the basis of her race and nationality and circumstantial evidence that it fired her in retaliation for complaining to HR.
Dive Insight:
Manager training is an important aspect of preventing discrimination and harassment, experts say. But HR must take all complaints seriously, too. Doing so can prevent retaliation claims, even if the complaint is ultimately deemed meritless.
And as the 11th Circuit noted, "adverse employment actions" can be more than just a failure to hire or a termination. Title VII of the Civil Rights Act of 1964 prohibits race and color discrimination, among other things, in every aspect of employment, the U.S. Equal Employment Opportunity Commission notes. This can include actions in recruitment, promotion, performance evaluations, training, transfer and even discipline.
Indeed, Jefferson alleged in this case that she was subjected to harsher discipline than others because of her race. In an EEOC guidance document, the commission notes that employers must ensure that policies are enforced consistently, and that the opportunities provided to employees — such as the opportunity to correct work deficiencies — are not based on race.