A Louisiana credit union, formerly known as Lafayette Schools Federal Credit Union and now Meritus Credit Union, agreed to pay $110,000 to settle a lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC alleged that the credit union retaliated against a Black branch manager, Connie Fields-Meaux, for opposing the use of a racially-offensive video during a training session.

The video depicted a caricature of a Black fast-food worker as an example of poor customer service. Fields-Meaux found the video offensive and reported that another Black employee also found it offensive. Shortly after, she was fired without warning or explanation.

The EEOC alleged the employer's actions violated the Title VII of the Civil Rights Act of 1964, which prohibits employers from retaliating against employees who oppose discriminatory practices. The settlement includes a three-year consent decree requiring the credit union to provide regular training on retaliation to its employees. https://www.eeoc.gov/newsroom/louisiana-credit-union-pay-110000-settle-eeoc-lawsuit-charging-retaliation (Dec. 19, 2018).

Commentary

This loss was in 2018. Since that time, retaliation charges filed with  the EEOC have steadily increased significantly.

In its Fiscal Year 2024, the EEOC accepted more than 40 charges, alleging retaliation under various statutes. According to the EEOC, retaliation claims remained a prominent issue, reflecting ongoing concerns about employees facing adverse actions for reporting discrimination or participating in discrimination investigations. www.eeoc.gov/data/enforcement-and-litigation-statistics; https://www.eeoc.gov/data/enforcement-and-litigation-statistics-0

Of equal employment claims, retaliation claims are both frequent and severe.

Here are some steps financial employers should consider to lower their exposure to retaliation claims:

• Include an anti-retaliation provision in your equal employment policy and other policies prohibiting wrongdoing
• Provide more than one channel for employees to report wrongdoing, including an outside party or mechanism if possible
• Allow for anonymous reporting as long as the reporting mechanism makes it clear that fraudulent reports are not tolerated and that adequate information is needed to investigate the report
• Provide training for managers on retaliation and the rights of employees who have made claims of wrongdoing
• Have trained investigators ready to immediately investigate all claims of harassment and retaliation
• Create an incident management team to oversee the management of incidents in your organization
• When unethical behavior is discovered and worthy of some form of discipline, make certain that your discipline is consistent with past disciplinary actions taken
• Make certain that any employee who makes a good faith report of wrongdoing is protected from retaliation for making the report
• Consider involving outside counsel when establishing an incident reporting system and making decisions regarding discipline
• Encourage managers and supervisors to consult with human resources before taking an adverse employment action against any employee
• Take all complaints of retaliation seriously and respond quickly
• Document carefully all efforts to prevent retaliation and discrimination, including all investigations undertaken
• Consistently discipline employees, including managers, who retaliate against employees
• Provide the same retaliation protection to witnesses of discrimination that you provide to those who experience or report discrimination
• Evaluate closely any decision that disciplines or terminates an employee who has made a legal claim, testified or witnesses wrongdoing, or is related to a complainant that has made claim.