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After he’s called a falafel-head, Iranian employee sues for bias

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The scenario: An Iranian man endured a barrage of offensive comments from his coworkers. One crew mate called him a falafel-head. Another staffer said the Iranian worker rode a goat to work.

In addition, colleagues and managers suggested that the Iranian staffer was a terrorist. One employee said the staff member worked for ISIS. Another said, “Iran should be nuked and wiped off the map.”

In accordance with the employer’s anti-harassment policy, the Iranian worker formally complained three times about the intolerable comments. Eventually, the employer investigated his allegations. As part of the investigation, the Iranian staff member was interviewed by one of the managers who’d been harassing him. At the conclusion of the investigation, the employer terminated the Iranian worker, claiming that some of the statements he’d made during the investigation were false.

Legal challenge: The Iranian worker sued for a hostile workplace motivated by his national origin. The employer asked the court to dismiss the case, noting that it had an anti-harassment policy.

The ruling: The employer lost. After a judge refused to toss out the lawsuit, the organization settled the case by paying $475,000. The court had ruled that the employer’s anti-harassment policy was worthless – the man repeatedly complained about untoward behavior but was ignored. Worse, he was fired following an investigation that was launched in response to his harassment complaint.

The skinny: A word to the wise: Always abide by the terms of your employer’s anti-harassment policy, including, if needed, impartial investigations of harassment allegations. Otherwise, the policy won’t be worth a plug nickel.

Cite: Sabet v. The City of North Chicago, U.S. District Court, N.D. Illinois, No. 16-cv-10783, 1/11/24 (settlement).

(From the Feb. 16, 2024, issue of HR Manager’s Legal Alert for Supervisors. To start your no-obligation trial subscription to the publication right now, please click here)