After enduring several years of having their co-workers refer to them as "boy," "hey boy," or "damn it boy" and being subjected to other forms of racial harassment, two black men, Bobby Bailey and Robert Smith, filed suit and were each awarded after a judge trial compensatory damages for emotional distress and mental anguish of $350,000. The verdicts were upheld by the Sixth Circuit in Bailey v. USF Holland, Inc. (No. 07-5304, decided May 16, 2008).
The workplace at this company was permeated with racism. Racist and derogatory comments were directed at the plaintiffs, racist graffiti was sprayed in the employee locker rooms and restrooms and a noose appeared in the workplace. The employer's response was at best half-hearted. One employee advised that he would continue to spout racist epithets and did, despite human resources training. A lawyer was hired who wrote a white-wash report downplaying the racist atmosphere. One employee who was fired supposedly for his racist misconduct was reinstated. The company did not install security cameras and stop the racist graffiti until nearly a year after the suit had been filed. The trial court judge awarded the maximum amount of compensatory damages under federal law ($300,000) and an additional $50,000 under state law.
