Kengerski v. Harper, 3d Cir., July 31, 2021

A white law enforcement employee was fired 7 months after reporting racially offensive comments and texts made by coworkers about a biracial relative. The Third Circuit vacated the lower court’s ruling that a white employee could not maintain a claim under Title VII of the Civil Rights Act of 1964,

“Title VII protects all employees from retaliation when they reasonably believe that behavior at their work violates the statute and they make a good-faith complaint.  As relevant here, harassment against an employee because he associates with a person of another race, such as a family member, may violate Title VII by creating a hostile work environment.”

Race Discrimination

Race discrimination can be committed by managers, supervisors, co-workers, etc. Below are common examples of illegal race discrimination in the workplace:

• Firing, demotion or lack of advancement (promotion)
• Discipline
• Harassment
• Unequal pay
• Policies that negatively affect a protected class

Race Discrimination & Retaliation

It’s unlawful under both federal and Pennsylvania law for an employer to retaliate against an employee who reports race discrimination or otherwise participates in an investigation or proceeding related to race discrimination.

Examples of Retaliation at Work

An employee in Philadelphia is terminated after filing a report of race discrimination.

An employee in Allentown is demoted after testifying in an EEOC investigation into race discrimination practices.

Proving Retaliation

In order to prove retaliation, the employee must prove the following:

1. the employee engaged in activity protected by Title VII,
2. the employer took an adverse employment action against the employee, and
3. a causal connection between the protected activity and the adverse employment action.

Race Discrimination News: August 2021, Race Discrimination Lawsuit Against Construction Company Nets $420K for Black Employees [Multiple black employees of a construction company were subjected to disgusting racial harassment by white employees.]

About Koller Law Employment Lawyers

For decades, we’ve been handling employment law cases, including race discrimination, for workers across Pennsylvania and New Jersey, Koller Law is not run like every other firm – we provide the compassionate, individual attention employees need and deserve.

Call us at (215) 545-8917 or contact us to schedule a confidential case review today!

Last updated: April 8, 2022