Glenn C. McGovern covers “symbols of terror”
Mr. McGovern not only brought to my attention “symbols of terror” but gave us citations of cases involving “symbols of terror”. The value in finding citations for cases of similarities is invaluable. The value of putting the actual award of the case is of even greater value. His information was more valuable than when I contacted the ADL, ZOA, Chabad and a local holocaust museum combined.
I am still confused, in that it would seem that only 1 incident would seem more than enough to prove discrimination. It would also seem that if there were more than 1 incident, it would result in physical violence or death. The EEOC must change its definition of discrimination, when it comes to symbols of terror, or phrases of the third reich. What do you think?
Contact:
Glenn C. McGovern
2637 Edenborn Ave.
Suite 101
Metairie, La. 70004-0516
Phone: 504-456-3610
Toll-free: 800-721-3992
Cell: 504-908-1404
Fax: 504-456-3611
Choose a case with obvious signs of a hostile work environment – like symbols of terror. There is an upsurge in extreme violent racist groups. Many states including Louisiana have criminal statues barring crosses or nooses due to a resurgence in such symbols of terror.
The Southern Poverty Law Center reported that a record number of hate groups were active in the United States in 2008 were 926, up from 888 in 2007. These included 186 separate Ku Klux Klan (KKK) groups, 196 neo-Nazi, 111 white nationalist, 98 racist skinhead, 39 Christian Identity, 93 neo-Confederate, 113 black separatist, and 90 general hate groups subdivided into anti-gay, anti-immigrant, Holocaust denial, racist music, radical traditionalist Catholic groups, and others espousing a variety of hateful doctrines.
Louisiana has 22 such extremist racist groups according to the Southern Poverty Law Center. (http://www.splcenter.org/) Some are a resurgence of Nazism commonly referred to as skin-heads or neo-Nazis. This is a growing world-wide movement
It is illegal in Germany, Austria, Hungary, Yugoslavia, Sweden and Austria to display a Nazi swastika or say in public phrases of the Third Reich such as “Heil Hitler” or “Sieg Heil” in German. (Gernon Stafgesetzhechin §8a). Many of these members now try to blend the workplace.
The U.S. Army military has been infiltrated with member of racist hate groups as noted in the recent Pentagon investigation of the Ft. Hood shooting, entitled “Protecting the Force: Lessons from Fort Hood”, p. 12, which revealed a problem with a sect of military personnel associated with hate groups. The report recommends future screening of military members for such hate group affiliations since these groups actively advocate violence.
(John E. Whidbee v. Department of the Navy, EEOC Appeal No. 01A40193 (March 31, 2005)-(Navy supervisor using racial slurs and Nazi salutes when greeting employees.)
There is an upsurge in nooses, burning crosses, Nazi salutes and swastikas in the work place.
(Pruitt v. Howard County Sheriff’s Office, No.95-1193, unpublished decision, USDC District of Maryland, CA-92-3550-N, CA-92-3551-N 1996 U.S. App. Lexus 1266 (Unrptd. 4th Cir.)
1996 FP 86-7)-(two brothers, sheriff deputies termination upheld for “Nazi-like conduct including saying “Seig Heil” and “Nazi salutes” at work.)
There are 5th Circuit cases of with no compensatory damages awarded but punitive damage awards of over $125,000 per person upheld by the 5th Circuit Court of Appeals.
(Abner v. The Kansas City Southern Railroad Co., No. 06-30476, Jan. 2, 2008 unreported case with nooses.)
It is a crime to display a noose in public in Louisiana. (See La. criminal felony statues La. R.S. 14:40.5 nooses prohibited; La. R.S. 14:40.40.4 burning crosses prohibited.)
Nooses in the workplace awards range from $100,000 to $1,000,000 according to reported cases listed on the EEOC’s website.
Nooses, Nazi swastikas, Nazi salutes and KKK symbols in the workplace have been held to be per se evidence of a hostile work environment.
(Tamedy v. Union Pacific Corporation, 520 F. 3d 1149 (10th Cir. 2008),
Vance v. Southern Bell Telephone and Telegraph Company, 863 F.2d 1503, (11th Cir. 1991)-($1,000,000 damage award and stating the noose is a symbol of terror for minorities like a swastika).
EEOC v. Helmerich Payne Int’l Drilling Co., N. 3:03-CV-6911 ID Misc. 2001-($290,000 awarded for multiple plaintiffs for hangman nooses).
Arandondo er al. MPD and Chief Dolan, USDC District of Minnesota awarding $740,000, at $168,000 per plaintiff on average, for evidence of association of white police officers with the KKK.)
In 2007 there were 36 race harassment filings with the EEOC for nooses in the workplace noted in
EEOC v. Helmerich Payne Int’l Drilling Co. cited supra. There have been cases in our area with nooses and Nazi salutes in the municipal workplace.
Terrance Lee v. Parish of Jefferson, U.S.D.C.E.D. #08-4738 12/10/09)-(settled with pictures of noose sealed in record).
These racist symbols in the workplace are not new, but growing trend due to social, economic, immigration and political changes worldwide. These symbol of terror cases are good visual cases for juries with large awards reported.
(Vance v. Southern Bell Telephone and Telegraph Company, 983 F 2d 1573, (11th Cir. 1993)-( noose over workstation of African-American woman awarded $1,000,000.00 compensatory and punitive damages upheld on second trial on remand.)
