August 2011 

On August 3, 2011, the United States Court of Appeals for the Seventh Circuit in Chicago affirmed the dismissal of a significant reverse discrimination suit filed by a white employee who alleged he was harassed and bullied at work by an African-American co-worker. The suit was brought under Section 1981 of the Civil Rights Act which allows for unlimited punitive and compensatory damages for race discrimination. Wessels Sherman shareholder, James Sherman was lead counsel defending the case before both the trial court and at oral argument before the court of appeals to achieve this important victory for our client.

The facts of this case are very unique. The plaintiff alleged he was subjected to a racially hostile work environment at the hands of a workplace bully. The suit alleged that the bullying and harassment culminated in a workplace incident that left the plaintiff severely injured when a 1000 pound steel coil fell on him from a piece of machinery being operated by the co-worker/bully, crushing his legs. The plaintiff accused his black co-worker of causing his injuries on purpose, out of racial animosity because he was white. However, the trial court found and, on appeal, the appellate court agreed that the evidence showed the plaintiff's injuries resulted from an accident and the alleged harasser was more an "equal opportunity bully" who tried to intimidate co-workers regardless of their race.

Of great importance to employers everywhere, the appellate court found that the employer's anti-discrimination/harassment policy and practices shielded it from liability for any unknown harassment the plaintiff failed to report under the policy. Specifically, the court stated that even if unlawful race-based harassment had occurred (which it did not), the employer could not be held liable for the unlawful actions of a co-worker because it maintained a policy prohibiting such conduct and providing a clear protocol for reporting violations which this plaintiff failed to follow. Wessels Sherman attorney James Sherman said of this victory: "While everyone sympathizes over the injuries sustained by this plaintiff the evidence showed he was injured in an unfortunate workplace accident (for which he received worker's compensation benefits) and not as a result of any intentional act of race discrimination. Our client was a model company in terms of its policies and practices to prohibit all forms of unlawful harassment; I am very pleased that the court of appeals agreed with our argument that in the absence of a report of racial harassment, or knowledge gained in some other way, such careful employers should not be held liable for unknown conduct of co-workers toward one another."