New England Biz Law Update
ResourceOne, a Tulsa-based printing and marketing company, has agreed to pay $47,500 to settle a harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).
The lawsuit alleged that a supervisor repeatedly used racial slurs and engaged in harassment after learning of an employee’s African heritage through an at-home DNA test.
The lawsuit stemmed from an incident in August 2022 when an employee shared results of an at-home DNA test revealing ancestry from Cameroon and Congo. Following this disclosure, the employee’s supervisor allegedly engaged in repeated racial harassment, using slurs such as “ape” and “Congo,” and making other derogatory comments.
A higher-level manager allegedly failed to address the issue after the employee complained, instead asking if she preferred to be called “ape” or “Congo.”
The harassment was reportedly so severe that the employee was forced to resign. Even after the employee resigned, her supervisor sent her a text message calling her “Congo,” the EEOC said. In response, the EEOC charged ResourceOne with violating both the Genetic Information Nondiscrimination Act (GINA) and Title VII of the Civil Rights Act of 1964, which prohibit workplace discrimination and harassment based on genetic information, race, and national origin.
GINA, enacted in 2008, is a federal law prohibiting discrimination in health insurance and employment based on genetic information. It applies to employers with 15 or more employees and health insurance providers.
GINA protects information from genetic tests and family medical history. In employment situations, GINA forbids using genetic information for decisions like hiring, firing, or promotions.
As part of the settlement, ResourceOne must:
- Pay $47,500 in damages to the former employee
- Adopt policies to prevent future discrimination
- Provide employee training on GINA and Title VII compliance
- Notify employees about their rights regarding discrimination and harassment
