Posted On: December 25, 2010 by Peter M. LaSorsa

Staffing Firm Settles Constructive Discharge Lawsuit For $20,000

Wisconsin Staffing Services, Inc. pays $20,000 to settle a racial discrimination and constructive discharge lawsuit filed by the Equal Employment Opportunity Commission ("EEOC"). The lawsuit was the occured because allegedlly the president of the company engaged in repeated, acts of racial harassment toward a Native American employee, Carolyn Red Bear, allegedly including derogatory comments about Red Bear’s “ethnic” appearance, suggestions that she seek alternative employment in personal home care as more consistent with the skills of Native American people, and statements that she did not “fit in” with the white community in Ladysmith, Wis.

The constructive discharge lawsuit originated out of the company forcing Red Bear out of her job when she refused to comply with a directive from the company president to cut her hair, change her last name, and to stop “rubbing in” her heritage. When you are constructively discharge, it means you have to quit your job because things are so bad that no reasonable person would continue to work there. It is the same as being fired by the company.

"No employee can be required to endure harassment or mocking of her ethnic heritage as a price of holding on to her job,” said John Hendrickson, EEOC attorney.

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