$500,000 Jury Verdict in Birmingham Federal Court
Johnny Hawkins, a black male employee, who worked for Alabama Aviation Industries (formerly known as PEMCO) for 25 years, was awarded a $500,000 jury verdict based on gender and race discrimination. Hawkins, who was working as a sheet metal mechanic, was abandoned by a female worker who was supposed to be watching over him for safety purposes. According to Hawkins' attorney, the female co-worker violated OSHA regulations because she went to lunch while Hawkins was left unattended in a confined space. After this happened, Hawkins grabbed the female co-worker by the shoulder to get her attention and to tell her that she left him unattended. She was not disciplined at all for abandoning Hawkins. Other white male workers, according to trial testimony, received little or no discipline for for touching or harassing females. For a more detailed account, see the article in the Birmingham News.
Practice Pointer. All employees must be treated consistently to avoid the appearance of discrimination based on gender, race or other prohibited factors. When disciplinary action is taken, especially termination, it is important to conduct a proper investigation and document the reasons for the disciplinary action.
