Associational Discrimination Remains a Viable Claim
While many employers are well aware that state and federal law protects employees against employment discrimination on the bases of race, sex, national origin, religion, sexual orientation and disability, few are aware that these laws also protect against associational discrimination. Title VII of the Civil Rights Act of 1964, the federal civil rights statute, makes it unlawful to discriminate against individuals who associate with members of a protected class and who experience discriminatory treatment, even if they are not members of that protected class.
A recent appellate decision entitled Barrett v. Whirlpool Corp. addressed a lawsuit filed by three Caucasian women who claimed they were discriminated against based upon their friendship with and advocacy on behalf of African American employees.
The allegations in the Barrett matter involved egregious conduct such as statements that “we missed you ladies at the [Ku Klux] Klan meeting last night” and the fact that the plaintiffs were forced to view racial graffiti in the workplace and listen to racial slurs and racist jokes. However, the Court made a significant finding that no particular degree of association is needed in order to state a claim of associational discrimination under federal law. The court stated that “If a plaintiff shows that 1) she was discriminated against at work and 2) the discrimination was because she associated with members of a protected class, then the degree of the association is irrelevant.”
The Barrett decision is a harsh reminder for all employers that the discriminatory comments and actions of its employees may subject the employer to liability, not only to the one at whom the comments or actions are directed but also to others who associate with these employees. Since a valid claim for associational discrimination brings with it the potential liability for compensatory and punitive damages as well as attorneys’ fees, employers are well-advised to insure that all supervisory employees are instructed as to the risks posed by any discriminatory comment or action.
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