The $265,000 Liberty Energy, Inc. doing business as Liberty Oilfield Services, LLC, will pay to settle a race and national origin discrimination lawsuit brought on behalf of three mechanics by the U.S. Equal Employment Opportunity Commission (EEOC) warns other employers to manage these risks.
The EEOC lawsuit alleged a Black field mechanic and two Hispanic co-workers at Liberty Energy’s Odessa, Texas location were subjected to a hostile environment and referred to with slurs such as the N-word, “beaner,” “wetback” and other derogatory terms.
The employees alleged that they made reports to supervisors, management, and human resources about the discriminatory treatment, but no effective corrective or remedial action was taken by the oil field services company.
Instead, the EEOC’s suit charged that after making his report, the Black mechanic was forced by management to perform undesirable work tasks and was isolated by his peers. With no meaningful action by company management to change the workplace atmosphere and the discriminatory assignments that followed his complaint, he was ultimately left no alternative but to resign.
The EEOC charged this conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race and national origin.
Under the two-year consent decree resolving the suit, in addition to paying $265,000 to the employees, Liberty Energy will adopt and distribute a policy for all human resources and management personnel to effectively respond to reports to discrimination; post a notice in the workplace informing employees of the settlement; adopt and develop a 1-800 hotline for reporting acts of discrimination and/or harassment; and provide specialized training to employees on the federal laws that prohibit employment discrimination, including Title VII.
The suit and settlement demonstrate the need for employers to use care to prevent and manage race, national origin and other employment harassment and discrimination risks. In addition to adopting policies prohibiting discrimination and harassment, employers should conduct training, communicate and post procedures to report suspected violations, conduct carefully documented investigations and resulting discipline or other actions demonstrating their enforcement of the policies. Additionally employers need to take steps to monitor, prevent and redress harassment or other retaliation against workers for complaining or acting as witnesses for investigations. With recently released retaliation guidance, employers also should consider consulting counsel for a review of their existing processes in light of the new rules.
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About the Author
Recognized by her peers as a Martindale-Hubble “AV-Preeminent” (Top 1%) and “Top Rated Lawyer” with special recognition LexisNexis® Martindale-Hubbell® as “LEGAL LEADER™ Texas Top Rated Lawyer” in Health Care Law and Labor and Employment Law; as among the “Best Lawyers In Dallas” for her work in the fields of “Labor & Employment,” “Tax: ERISA & Employee Benefits,” “Health Care” and “Business and Commercial Law” by D Magazine, Cynthia Marcotte Stamer is a practicing attorney board certified in labor and employment law by the Texas Board of Legal Specialization and management consultant, author, public policy advocate and lecturer widely known for 35 plus years of health, employee benefits, insurance, hospitality, retail, construction and other industry management work, public policy leadership and advocacy, coaching, teachings, and publications.
A Fellow in the American College of Employee Benefit Counsel, Co-Chair of the American Bar Association (“ABA”) International Section Life Sciences and Health Committee and Vice-Chair and Chair Elect of its International Employment Law Committee, Chair of the ABA TIPS Section Medicine & Law Committee, Past Chair of the ABA Managed Care & Insurance Interest Group, Scribe for the ABA JCEB Annual Agency Meeting with HHS-OCR, past chair of the ABA RPTE Employee Benefits & Other Compensation Group and current co-Chair of its Welfare Benefit Committee, and Chair of the ABA Intellectual Property Section Law Practice Management Committee, Ms. Stamer has decades of experience advising employers, investigating and helping employers to defend discrimination and other labor and employment, employee benefits and other compliance.
Ms. Stamer’s work throughout her career has focused heavily on working with health care and managed care, life sciences, health and other employee benefit plan, insurance and financial services and other public and private organizations and their technology, data, and other service providers and advisors domestically and internationally with legal and operational compliance and risk management, performance and workforce management, regulatory and public policy and other legal and operational concerns. Her experience includes extensive involvement advising clients about preventing, investigating and defending EEOC, DOJ, OFCCP and other Civil Rights Act, Section 1557 and other HHS, HUD, banking, and other federal and state discrimination; EBSA, IRS, and PBGC employee benefit; WHD, CAS, Davis-Bacon and other federal and state wage and hour and other compensation; OSHA and other investigations, audits, lawsuits and other enforcement actions as well as advocacy before Congress and regulators regarding federal and state equal opportunity, equity and other laws.
For more information about Ms. Stamer or her health industry and other experience and involvements, see www.cynthiastamer.com or contact Ms. Stamer via telephone at (214) 452-8297 or via e-mail here.
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