EEOC: Company to pay $250,000 in race discrimination settlement

The U.S. Equal Employment Opportunity Commission (EEOC) announced the settlement of a race discrimination lawsuit against a bottling company for $250,000 on behalf of an African American former worker in Albuquerque, N.M. The resolution follows a favorable ruling by the U.S. Court of Appeals for the 10th Circuit, which established an important legal doctrine known as “subordinate bias” theory.

The EEOC had charged the company with committing race discrimination against a black merchandiser when a supervisor fired him in 2001 for not working his scheduled day off, even though the employee had called in sick and provided medical documentation. Additionally, the EEOC found that the supervisor made generally racist remarks. In addition to $250,000 for the employee, the EEOC’s two-year consent decree contains significant injunctive relief which applies to the company and its managing agents at the Albuquerque facility.

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