New England Biz Law Update
United Airlines has agreed to pay $99,000 to settle a federal discrimination case involving anti-Asian harassment at its Denver catering operation.
The settlement resolves allegations that the company failed to properly investigate racial harassment against a Mongolian American employee.
The complaint from the Equal Employment Opportunity Commission (EEOC) alleged that in January 2021, a United manager directed a racial slur at Alsunbayar Davaabat, physically assaulted him, and threatened his employment after a mask-related incident in the employee lunchroom.
Despite Davaabat’s immediate report to supervisors (both written and verbal), United allegedly took no immediate action, prompting his resignation.
The complaint further alleged that Davaabat’s coworkers had previously refused to use his name for months, instead referring to him as “Chinaman.” The incident occurred during a period of increased anti-Asian sentiment related to the COVID-19 pandemic.
Under the settlement terms, United will:
- Pay $99,000, primarily in back pay and damages
- Award 75,000 frequent flyer miles to Davaabat
- Review and revise its EEO policies
- Implement a 72-hour investigation window for workplace violence complaints
- Provide additional training to managers and HR staff
United did open an investigation more than a month after the incident, and the manager in question was eventually offered a separation agreement allowing retirement in lieu of termination. United stated that Davaabat declined an offer to return to the company.
“The allegations demonstrated how public vitriol manifested as backlash discrimination in the workplace,” the EEOC noted in its release, connecting the case to broader patterns of anti-Asian discrimination during the pandemic.
