Color Discrimination Case Study

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“In June 2015, Pioneer Hotel, Inc. in Laughlin, Nevada agreed to pay $150,000 and furnish other relief to settle a national origin and color discrimination lawsuit filed by the EEOC. The EEOC charged that a class of Latino and/or brown-skinned workers was subjected to a barrage of highly offensive and derogatory comments about their national origin and/or skin color since at least 2006. Housekeeping and security department staffers in particular were constantly the targets of slurs by several supervisors and co-workers. In addition, the EEOC asserted that Latino/brown-skinned workers were told not to speak Spanish during their break times. Pioneer failed to stop and rectify the harassment and discrimination despite repeated complaints by the Latino/brown-skinned workers. Pioneer entered into a four-year consent decree that prohibits Pioneer from creating, facilitating, or permitting a hostile work environment for employees who are Latino or darker-skinned. Additionally, the hotel agreed to hire an outside equal employment opportunity consultant to ensure that the company implements effective policies, procedures, and training for all employees to prevent discrimination, harassment, and retaliation. Pioneer management will receive additional training on its responsibilities under Title VII and will be required to immediately report complaints to the human resources department, create a centralized system to track complaints, and be held accountable for failing to take appropriate action. Notice of consent decree will be visibly posted at the hotel” EEOC v. Pioneer Hotel, Inc. d/b/a Pioneer Hotel and Gambling Hall, Case No. 2:11-cv-01588-LRH-GWF (D. Nev. settlement June 18, 2015).

 

 

In your response provide a well-rounded argument with the following responses based on your research:

How should Pioneer Hotel, Inc. have handled the complaint of harassment? (Provide a detailed response.)
Is this unlawful harassment? By what federal statue?
Please identify what actions Pioneer should have taken? What action should be taken regarding the supervisor and staff based on your knowledge and research?
What type of policy should the outside equal employment opportunity consultant create an implement? Provide a detailed summary of what should be included and why.
What is the significance of the case?
The Color Discrimination Case Study

Sample Solution

How should Pioneer Hotel, Inc. have handled the complaint of harassment?

Pioneer Hotel, Inc. should have handled the complaint of harassment in the following way:

  1. Take the complaint seriously. The hotel should have immediately taken the complaint seriously and investigated it promptly and thoroughly.
  2. Investigate the complaint impartially. The investigation should have been conducted by an impartial investigator who was not involved in the incident.
  3. Take appropriate action. If the investigation found that harassment had occurred, the hotel should have taken appropriate action to stop the harassment and to prevent it from happening again. This could include disciplining the harasser, providing training to employees on harassment prevention, or creating a more inclusive workplace culture.
  4. Document the complaint and the investigation. The hotel should have kept a record of the complaint, the investigation, and the actions taken. This documentation would be important if the complaint ever went to court.

Is this unlawful harassment? By what federal statute?

Yes, the harassment that occurred at Pioneer Hotel, Inc. was unlawful. It is unlawful to discriminate against someone in the workplace based on their national origin or skin color. This is prohibited by Title VII of the Civil Rights Act of 1964. Title VII defines discrimination as “unlawful employment practices” that include “not hiring or discharging any individual, or otherwise discriminating against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”

The harassment that occurred at Pioneer Hotel, Inc. met the definition of unlawful discrimination because it was based on the national origin and skin color of the victims. The harassers made offensive and derogatory comments about the victims’ national origin and skin color, and they told the victims not to speak Spanish during their break times. This created a hostile work environment for the victims, which is a form of unlawful discrimination.

The EEOC sued Pioneer Hotel, Inc. for violating Title VII. The hotel settled the lawsuit by agreeing to pay $150,000 and to take steps to prevent future discrimination and harassment. These steps included hiring an outside equal employment opportunity consultant, providing training to employees on harassment prevention, and creating a more inclusive workplace culture.

The case of Pioneer Hotel, Inc. is a reminder that employers have a responsibility to create a workplace free from discrimination and harassment. Employers should have policies and procedures in place to prevent and address harassment, and they should take all complaints of harassment seriously.

 

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