United Airlines Settles Employee Harassment Suit for Anti Asian slurs and Physical Assault

Alsunbayar Davaabat and a co-worker were eating lunch in January 2021, when a manager told them to pull their face masks up. Davaabat and the co-worker replied “Yes sir” but the manager allegedly misheard Davaabat. The manager asked Davaabat what he said and then called him a racial slur. The manager then twisted Davaabat’s arm to look at his employee badge and asked whether Davaabat valued his job.  

Davaabat reported the attack to a supervisor and gave a written statement. However, the United supervisor allegedly did not respond and Davaabat put in a two week notice. No one from the company contacted Davaabat during his last two weeks. Instead, United gave the manager a pay raise about a month later, but then the manager retired instead.  

The assault was actually the last straw for Davaabat, who had started working for United in 2019. Davaabat had been called “Chinaman” instead of his requested name “Bondok” for months prior to the incident, though Davaabat is Mongolian.  

Davaabat filed a lawsuit in federal court with the assistance of the Equal Employment Opportunity Commission (EEOC). United Airlines agreed to pay $99,000 and provide Davaabat 75,000 flight miles and to revise its workplace violence policy to ensure investigations are initiated within 72 hours of a complaint.  

Making a Hostile Work Environment Claim 

Single instances of the use of a racial slur rarely constitute a hostile work environment. However, if offensive slurs are frequent and severe enough they can arise to the level of a lawsuit. A single egregious incident can also be enough to constitute a hostile work environment.  

Davaabat being called a “Chinaman” may not be enough by itself to be considered a hostile work environment. However, the use of this term combined with the manager twisting his arm would be strong enough that a reasonable person may see it as hostility in the workplace. Violence by management is severe enough by itself that it doesn’t have to consistently to be a problem.  

Davaabat also had the assistance of the EEOC. The EEOC has the power to investigate discrimination in the workplace. If an employee wants to sue their employer in federal court, they must first submit their complaint to the EEOC. If the EEOC determines that the claim has merit, the EEOC will either bring the claim itself, or it will issue the complaining party a right to sue letter. The right to sue letter allows the complaining party to sue their employer in federal court. An employee doesn’t need the support of the EEOC to succeed, but the support of a federal agency may bolster their claim in the eyes of a federal court and the employer.  

Do I Need an Employment Lawyer? 

If you believe that your employer has violated your legal rights as a worker, you should hire a local employment lawyer for further assistance. A skilled employment law attorney can help protect your interests and defend your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and/or colleague and in recovering damages for any losses that you suffered. 

Alternatively, if you are an employer who is being used by a worker, you should hire an employment law attorney immediately to represent you in court.