Brookdale Auburn to pay caregiver who was fired after reporting racially offensive language

The Equal Employment Opportunity Commission on Thursday announced that Brookdale Senior Living Communities, Inc., would pay $80,000 as part of a settlement over a lawsuit brought by an African American caregiver at Brookdale Auburn. The events occurred in June 2018. The caregiver was suspended and then fired after complaining about an offensive "phrase with racial connotations" used by co-workers, according to a news release issued by EEOC. The lawsuit was filed in U.S. District Court for the Eastern District of California. Brookdale denies the allegations. "The law protects your right to speak up and oppose workplace language that you reasonably believe to be racially offensive," William Tamayo, director of the EEOC's San Francisco District Office, said in the news release. "If an employee explains that a certain term evokes a painful racial stereotype, this is an opportunity to demonstrate respect and understanding and conduct a careful investigation into the allegations." In addition to paying $80,000 to the caregiver, Brookdale will be required to "train its personnel on compliance with federal anti-discrimination laws," the news release says, including an emphasis on retaliation under Title VII of the Civil Rights Act of 1964. Brookdale also must implement anti-retaliation policies and post a notice describing employee Title VII rights and its obligations under the consent decree. "This settlement compensates the caregiver for all the consequences of being fired and charts a positive path for Brookdale," EEOC Supervisory Trial Attorney John Stanley said. "We commend the company for its commitment to equal employment opportunity."