United Airlines Resolves Racial Discrimination Case with $99K Settlement

Equal Employment Opportunity Commission vs. United Airlines, Inc.

Case Background

On September 4, 2024, Plaintiff Equal Employment Opportunity Commission filed Racial discrimination in the United States District Court, District of Colorado (Case number: 1:24cv2438). Judge Regina M. Rodriguez presided over this case.

Cause

Alsunbayar “Bondok” Davaabat, an Asian American of Mongolian descent, began working for United Airlines as a Transportation Agent on February 11, 2019, at the Denver Catering facility. From the start of his employment, Davaabat endured racial discrimination. For approximately six months, his coworkers consistently referred to him as “Chinaman,” despite his requests to be called by his preferred nickname, “Bondok.” This behavior caused significant distress, dehumanizing and disrespecting his identity. On January 11, 2021, Davaabat experienced a particularly egregious incident of workplace harassment. While walking to dispose of his food tray in the cafeteria, he encountered Terry McGurk, a Senior Manager. McGurk directed a racial slur, “chink,” at Davaabat in front of coworkers and physically twisted his arm under the pretense of checking his employee badge. McGurk then slapped Davaabat on the back and threatened his job security in a hostile and discriminatory manner. These actions occurred in a crowded lunchroom, where other employees witnessed the humiliation. Despite Davaabat immediately reporting the incident to his supervisor, United Airlines failed to take meaningful action to address the harassment or ensure his safety.

Injuries

As a result of the workplace harassment and racial discrimination, Davaabat suffered severe emotional distress and humiliation. McGurk’s physical aggression and racial slurs made him feel unsafe and vulnerable in his workplace. The incident amplified his fear of racially motivated violence, especially amid rising hate crimes against Asian Americans during the COVID-19 pandemic. United Airlines’ inaction exacerbated his suffering, as the company neither investigated his complaint promptly nor provided assurances regarding his job security or personal safety. The hostile work environment created an intolerable atmosphere, forcing Davaabat to resign to protect his mental health and dignity.

Damages

The discriminatory actions and hostile work environment led to Davaabat losing his job, wages, and benefits. His resignation, stemming from the intolerable conditions, caused financial hardship and emotional suffering. He faced significant challenges finding new employment after leaving a job to which he had previously committed. United Airlines’ failure to address systemic racial discrimination and harassment in the workplace left Davaabat to cope with prolonged emotional trauma and financial instability. The company’s neglect of its duty to maintain a safe and inclusive environment intensified the damages inflicted on Davaabat.

Key Arguments and Proceedings

Legal representation

• Plaintiff(s): Equal Employment Opportunity Commission
  • Counsel for Plaintiff: La Kischa J. Cook

• Defendant(s): United Airlines, Inc.
  • Counsel for Defendants: Christopher J. DeGroff | Yoon-Woo Nam

Key Arguments or Remarks by Counsel “The allegations arose at the height of the COVID-19 pandemic, when Asian Americans and those of Asian descent experienced public hostility and violence because of their race and/or ethnicity based on a common misconception that Asians caused the virus or pandemic,” the commission said. “The allegations demonstrated how public vitriol manifested as backlash discrimination in the workplace.”

United Airlines said in a statement that the manager was “removed from the workplace” after an investigation and that the employee had declined an offer to return to the company.

“United is pleased that settling this case will avoid protracted litigation for all parties,” the airline said.

Claims

Davaabat’s claims included violations of Title VII of the Civil Rights Act of 1964. This law prohibits racial discrimination and workplace harassment based on national origin. He asserted that United Airlines created and tolerated a hostile work environment. The environment included physical harassment, racial slurs, and threats from a senior manager. The Equal Employment Opportunity Commission (EEOC) substantiated Davaabat’s claims. The EEOC found that the company failed to take prompt and effective action to prevent or address the harassment. The EEOC’s findings also highlighted United Airlines’ negligent handling of the incident. The company failed to protect Davaabat from further harm or ensure his professional security. Davaabat argued that the hostile work environment and the company’s inaction amounted to constructive discharge. This forced him to resign under unbearable conditions.

Defense

United Airlines denied allegations of racial discrimination, hostile work environment, and constructive discharge. These claims were made by the EEOC on behalf of Alsunbayar “Bondok” Davaabat. The company asserted that it had acted in good faith and complied with all relevant laws. United Airlines claimed it had policies to prevent and address workplace harassment. The company argued that Davaabat had failed to use available corrective measures. It also denied that its manager had used racial slurs or physically harmed Davaabat, disputing the severity of the alleged incidents. United Airlines contended that Davaabat did not suffer tangible employment action. The company also argued that Davaabat failed to mitigate his damages after resigning. United Airlines sought the dismissal of the claims, denial of damages, and judgment in its favor. The company asserted there was no evidence of intentional or reckless conduct.

Settlement

On January 9, 2025, United Airlines paid $99,000 to settle a federal discrimination case filed by the Equal Employment Opportunity Commission (EEOC) on behalf of Alsunbayar “Bondok” Davaabat, an Asian American employee. In addition to the monetary settlement, United Airlines granted Davaabat 75,000 flight miles as part of the agreement. The airline also reviewed its equal employment opportunity policies and committed to submitting regular compliance reports to the EEOC to ensure adherence to anti-discrimination laws.   Court Documents: Documents are available for purchase upon request at jurimatic@exlitem.com Press Release: https://www.nbcnews.com/news/asian-america/united-airlines-employee-asian-slurs-assaulted-rcna186846