Black Worker at SFO Files Lawsuit Over Racial Harassment and Discrimination

Workplaces are meant to foster collaboration, respect and inclusion. Unfortunately, this is not always the case. Some employees struggle with harassment and discrimination on the job, leaving them feeling isolated, demeaned and powerless. A recent San Francisco worker’s experience underscores how devastating a toxic work environment can be.

A Black worker at San Francisco International Airport (SFO) has sued his former employer, Dubai National Air Travel Agency, for racial harassment and discrimination. The lawsuit was filed in San Mateo County Superior Court and also named his supervisor as a defendant.

The “intolerable work environment” allegedly forced plaintiff Gentry McCreary to resign just over a week after starting his job at the airport services firm at SFO, the lawsuit said. According to the complaint, McCreary was the only Black employee in his department. His case outlines two troubling incidents he encountered at his workplace.

Two days after starting work at SFO, McCreary noticed a sticker on a company locker displaying Hitler and a swastika. The sticker was prominently visible to managers and other employees but remained untouched. The lawsuit claims that despite this overt display, no one in the company took action to remove the offensive symbols. McCreary said he had to walk by the locker almost every day.

The lawsuit describes a second disturbing allegation. McCreary claims that during meal breaks, his supervisor instructed him to eat alone in an area known as “the cage.” It was a storage area with dirty laundry and a microwave. McCreary was allegedly singled out and excluded from dining with his coworkers. No other workers were subjected to this treatment, underscoring the alleged discriminatory nature of the supervisor’s actions.

While the Dubai National Air Travel Agency stated it is “strictly against” racism and committed to diversity and respect, it did not comment specifically on McCreary’s claims. This type of generalized response is often used by companies facing discrimination lawsuits. However, it fails to address the real harm inflicted on workers like McCreary. After McCreary resigned, he filed the lawsuit against his former employer, seeking damages for racial harassment and discrimination.

While SFO is not named in the lawsuit, the airport has policies that require tenants and contractors to comply with non-discrimination rules. These policies apply to all companies operating at the airport and mandate that any discrimination complaints be investigated immediately. Whether McCreary’s case will prompt further investigation by the airport remains unclear.

The California Fair Employment and Housing Act (FEHA) prohibits harassment and discrimination based on a worker’s protected characteristics. The law covers a broad range of classes, such as race, religion, national origin, gender, gender identity, sexual orientation, disability, age, veteran or military status, marital status and pregnancy. FEHA makes it unlawful for an employer to create or permit a hostile work environment. The law also protects workers from retaliation when they oppose an employer’s discriminatory practices or file a complaint about workplace violations. 

Additionally, employers must take reasonable steps to prevent discrimination and harassment in the workplace. If a worker reports misconduct to human resources or management, the employer has a duty to address the complaint, such as by investigating the incident or ensuring the wrongdoing does not recur.

Despite speaking up about a workplace issue, however, it may not get resolved. In some cases, workers may face unlawful retaliation from the employer. In such circumstances, it may be necessary to consider legal avenues for holding the employer accountable. 

If you believe you have been subjected to racial harassment, discrimination or other forms of unlawful treatment in the workplace, speak to an experienced San Francisco employment lawyer. McCormack Law Firm is dedicated to helping workers with employment law issues. While we are not involved with this lawsuit, our legal team is ready to answer your questions. Contact us today to discuss your case and explore your options.