A U.S. district court ruled that a dental clinic in Louisiana retaliated against a dental assistant who was placed on unpaid leave after objecting to being asked by the clinic director if she attended a Black Lives Matter (BLM) protest.
However, the U.S. District Court for the Western District of Louisiana, Shreveport Division did not rule that the Council for the Advancement of Social Services and Education Community Health Institute, doing business as CASSE Community Health Institute in Shreveport, LA, was liable for claims of race discrimination and a hostile work environment. The lawsuit was filed by the U.S. Equal Employment Commission (EEOC) on behalf of Destiny Johnson, a Black dental assistant.
“Therefore, the EEOC’s motion for partial summary judgment is granted on the issue of liability as to the retaliation claim,” according to the court order dated January 5.
In June 2020, during a period of racial justice protests in the U.S., Johnson claimed that clinic director Dr. Edward Chumley, who is white, asked her if she attended any BLM protests. Johnson claimed that she was the only Black employee present when the question was asked. Though disputed, Johnson also claimed that Chumley made other racially offensive remarks, including comments referencing blackface and looting, according to court records.
Johnson reportedly was offended and humiliated by Chumley’s comment because she found it racially charged, leading her to complain to a staff member. Eventually, her complaint reached CEO Mary Chumley, Dr. Edward Chumley’s wife. The CEO immediately sent Johnson, who had been employed at the clinic since July 2019, a text informing her that she was being placed on unpaid leave while the allegation was investigated.
Additionally, Mary Chumley later stated that Johnson was placed on leave due to her “introduction of race” into the workplace. This helped bolster the retaliation claim, because the employer admitted that Johnson was placed on unpaid leave having complained about the director’s comment, according to court records.
“Further, the context of Dr. Chumley’s question, asked in front of a group of white coworkers, reinforces the possible reasonableness of Johnson’s belief that the comment was racially charged and discriminatory. Johnson’s belief that Dr. Chumley was unlawfully discriminating against her based on her race was not unreasonable,” according to the court order.
Finally, the court denied the hostile work environment claim because Chumley’s question about the BLM protest was the only race-based conduct that “indisputably took place” at the clinic.
Furthermore, the discrimination claim was denied. Johnson claimed two white assistants were hired to replace her. However, the EEOC presented no evidence of “how these alleged new hires were similarly situated to Johnson,” according to the order.
