Lufkin Worker Called 'Boy' Has Retaliation Claim Revived
Lufkin Industries Inc. was found guilty of racial discrimination against William Fisher. Fisher, a black machinist, complained to the company after being called 'boy' by his supervisor, but was then fired for selling pornography at work. The fifth circuit ruled that the employer should have waited between the discrimination claim and firing an employee for an unrelated action. The court determined that the supervisor would not have been motivated to investigate Fisher's pornography sales had he not alleged discrimination. The case also suggests than an employer should bring in a neutral investigator to determine whether or not a termination would be lawful following claims of discrimination.
See "Lufkin Worker Called 'Boy' Has Retaliation Claim Revived", Patrick Dorrian, Bloomberg BNA, February 14, 2017