Kolman Ely P.C.
Employment
Law News:
Copyright KEPC 2011


Kolman Ely P.C.
Since 1991
Racial Discrimination In Pennsylvania

You would think that a noose hanging over a work area where an African American was working would be evidence of significant racial discrimination.  Guess what, these are the top ten excuses and defenses the employer gave following an African American’s complaint about a noose.

1.The African-American employee misunderstood the use of the noose.  It was actually
  there to hold certain items in place.
2.The company knew nothing about the noose and no one saw it.
3.The company only knew about the noose after a lawsuit was filed because no one
  ever complained about it.
4.There was a noose but it was a looped piece of rope in a strategic position for a
  specific purpose.
5.The African-American employee who complained about the noose was disruptive
  following the rope incident and the company had no choice but to discharge him.
6.The company has a racial discrimination policy and therefore no one could have put
  the rope up with any discriminatory intent.
7.The company did not need to do an investigation on the noose issue because no
  complaint was ever filed.
8.The company did an investigation but its findings were “inconclusive”.
9.The company delayed an investigation to see if anyone would “talk about” the rope
  incident.
10.      The video stream for this particular area, which would show who actually put the
  rope up seemed to have been lost but the company is attempting  - in good faith - to
  locate the video (don’t hold your breath).

Welcome to the world of legal spin, where lawyers bend reality so that a hanging rope is not a racially offensive statement to an African-American employee.

Rope incidents are far more common than are often realized.

The hanging of a rope is an awful reminder of the terrible days of unrestrained lynching in the South when African Americans were seized on by whites and summarily hanged from trees or lamp posts after being tortured and degraded.  Often, whites enjoyed this spectacle, coming out to picnic, bringing their children while law enforcement stood by, did nothing and protected the perpetrators.  The noose is as threatening and offensive as a burning cross.

If you are the victim of a noose incident at work, or you have complained about one and you have been retaliated against or employer has not taken proper action, then you need to call us.