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Louisiana federal court allows EEOC’s race discrimination, retaliation suit to proceed

December 2024 employment law letter
Authors: 

Marion Strauss, Jones Walker LLP

The U.S. District Court for the Western District of Louisiana recently sided with the U.S. Equal Employment Opportunity Commission (EEOC) and allowed race discrimination and retaliation claims to proceed against an employer that fired an African-American employee shortly after she complained that her supervisor made racially offensive comments, including proposing to attend racial justice protests in blackface.

Dental assistant fired following complaint

Destiny Johnson, an African-American woman, worked as a dental assistant at CASSE Community Health Institute’s Shreveport, Louisiana, clinic from July 2019 until her termination in June 2020. She was supervised by the clinic’s dental director, Dr. Edward Gray Chumley, and billing manager, Karen Weber. CASSE’s CEO is Dr. Chumley’s wife, Mary Elizabeth Chumley.

In early June 2020, Johnson allegedly witnessed Dr. Chumley make racially offensive comments, including proposing to join racial justice protests in blackface and go rioting and looting. Johnson claims she witnessed him tell a coworker that he was okay with her so long as she wasn’t a part of an Antifa group or Black Lives Matter. She also alleged that he singled her out in a room full of white employees and asked whether she had attended racial justice protests.

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