Northwest Arkansas Democrat-Gazette

U.S. suit accuses Exxon of racial bias

Commission alleges company failed to adequately respond to hangman’s nooses

- KEVIN CROWLEY AND HADRIANA LOWENKRON

The U. S. government sued Exxon Mobil Corp. for racial discrimina­tion against a Black employee, saying the company failed to adequately respond to the appearance of five hangman’s nooses at a Louisiana petrochemi­cal plant over several years.

Exxon “failed to take prompt measures reasonably calculated to end the harassment,” the U.S. Equal Employment Opportunit­y Commission said in a federal lawsuit filed Thursday in Louisiana. “Exxon Mobil’s actions and omissions regarding the noose incidents created a racially hostile work environmen­t,” the EEOC said in a later statement.

The agency says Exxon engaged in unlawful employment practices in violation of the Civil Rights Act of 1964.

The suit was filed after a failed attempt by the federal government to reach a prelitigat­ion settlement through its conciliati­on process.

“We disagree with the EEOC’s findings and allegation­s,” Exxon spokesman Todd Spitler said in an email, adding that “symbols of hate are unacceptab­le, offensive and in violation of our corporate policies.”

Exxon “promptly performed a thorough investigat­ion of this claim, and there was no evidence to support allegation­s of discrimina­tion,” Spitler said. “Anyone found to have violated these standards or applicable laws are terminated.”

The company has a “zerotolera­nce policy for any form of harassment or discrimina­tion” and it “establishe­d multiple ways for employees, contractor­s, suppliers, or customers to safely report incidents of this nature,” he said.

The EEOC said the oil giant investigat­ed some but not all of the incidents, which began in April 2016, causing the behavior to continue at the Baton Rouge plant. Human Resources was never notified after the second noose was found in March 2019, according to the suit.

A third noose found in August 2019 led to an Exxon investigat­ion, but the company didn’t act on any of the recommende­d remedial measures, the EEOC said. The Black worker, Milferd McGhee, found another noose in January 2020 at his work site, and a fifth appeared in December 2020, the EEOC said.

“Exxon Mobil knew or should have known that the measures it had taken to prevent hangman’s nooses were ineffectiv­e and that additional measures were necessary to prevent further harassment,” EEOC said in the filing. “Exxon Mobil’s actions were malicious and/or in reckless disregard of Mr. McGhee’s federally protected right to be free from racial discrimina­tion in the workplace.”

The case comes as the company struggles to retain talent. Bloomberg previously reported that of the 12,000 employees who left the company in the past two years, less than half were from layoffs. Many workers who departed the company say the company’s culture was toxic.

“Even isolated displays of racially threatenin­g symbols are unacceptab­le in American workplaces,” Michael Kirkland, director of the EEOC’s New Orleans Field Office, said in a statement.

The case is EEOC v. Exxon, 3:23-cv-00159, U.S. District Court, Middle District of Louisiana.

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