Court Upholds Racial Harassment Ruling Against Trucking Company
The U.S. Fourth Circuit Court of Appeals has upheld a earlier ruling in the U.S. Equal Employment Opportunity Commission's favor in obtaining a jury verdict and more than $243,000, along with injunctive relief, for victims of racial harassment and retaliation perpetrated by A.C. Widenhouse, a Concord, N.C.-based trucking company.
The U.S. Fourth Circuit Court of Appeals has upheld a earlier ruling in the U.S. Equal Employment Opportunity Commission's favor in obtaining a jury verdict and more than $243,000, along with injunctive relief, for victims of racial harassment and retaliation perpetrated by A.C. Widenhouse, a Concord, N.C.-based trucking company.
According to the EEOC's lawsuit, Contonius Gill and Robert Floyd, Jr., both African-Americans, worked as truck drivers for A.C. Widenhouse. From as early as May 2007 through at least June 2008, Gill was repeatedly subjected to unwelcome derogatory racial comments and slurs by the facility's general manager, who was also his supervisor, the company's dispatcher, several mechanics and other truck drivers, all of whom are white. The comments and slurs included the "N" word, "monkey" and "boy."
Gill testified that on one occasion he was approached by a co-worker with a noose and was told, "This is for you. Do you want to hang from the family tree?" Gill further testified that he was asked by white employees if he wanted to be the "coon" in their "coon hunt."
Floyd testified that he also was subjected to repeated derogatory racial comments and slurs by the company's general manager and white employees. Floyd testified that when was hired in 2005, he was the only African-American working at the company.
According to him, the company's general manager told Floyd that he was the company's "token black." Floyd testified that on another occasion the general manager told Floyd, "Don't find a noose with your name on it," and talked about having some of his "friends" visit Floyd in the middle of the night. Gill repeatedly complained about racial harassment to the company's dispatcher and general manager and Floyd complained to an owner of A.C. Widenhouse, but both men testified that the harassment continued.
Gill intervened in the lawsuit and in addition to the EEOC's claim of racial harassment, he alleged that his employment with A.C. Widenhouse was terminated based on his race and in retaliation for complaining about racial harassment.
A Winston-Salem jury of eight earlier returned a unanimous verdict finding that Gill and Floyd, Jr. had been harassed because of their race, and that Gill had been fired because of his race and in retaliation for complaining about racial harassment.
The district court ruled that the EEOC should recover $50,000 in compensatory and punitive damages on behalf of Floyd, and that Gill should recover $193,509 in compensatory and punitive damages, back pay, and pre-judgment interest. The court further enjoined A.C. Widenhouse from discriminating against any person on the basis of race or in retaliation. The three-year injunction also requires A.C. Widenhouse to implement a written anti-discrimination policy; conduct training on Title VII of the Civil Rights Act of 1964 to all employees and to all owners involved in the company's operations; post the anti-discrimination policy and a notice to employees regarding the lawsuit; and provide the EEOC with periodic reports regarding complaints about racial harassment.
Although the jury took less than an hour to reach its unanimous verdict, A.C. Widenhouse appealed to the Fourth Circuit, arguing that the trial court had committed errors in instructing the jury and in ruling on the admissibility of evidence.
The court of appeals rejected these arguments, saying that the company's challenges to the EEOC's case were without merit and that the trial court had not abused its discretion in any way in its conduct of the trial.
More Fleet Management

How Innovative Trucking Leaders Turn Change Into an Advantage
As the pace of change accelerates in trucking, the fleets that adapt best have more than the latest technology. They have cultures that embrace improvement.
Read More →
Freight Broker Bonds Just Got Harder to Get. Here's What That Means for Your Fleet.
When it gets harder for a freight broker to prove they are financially sound, the ones who cannot clear that bar get pushed out of the market. And those are exactly the brokers who used to leave motor carriers holding the bag.
Read More →
Long-Awaited Canadian Border Bridge to Open in Detroit
For trucking, the bridge opening should offer immediate improvements in efficiency and reliability, with new customs facilities, expanded inspection capacity, and direct freeway-to-freeway connections.
Read More →
Aurora Rolls Out Next Generation of Driverless Trucks for Commercial Freight
Aurora's latest autonomous trucks it's rolling out with International feature lower-cost hardware designed for a million miles as the company expands commercial driverless freight operations across the U.S. Sun Belt.
Read More →
Freight Tonnage Down, Rates up, as Lower Capacity Powers Trucking Recovery
The recovery from the freight recession continues to be driven by reduction in capacity rather than by increased demand.
Read More →
Think Your Trucking Fleet Isn't Using Much AI? Think Again
Shadow AI — the use of unauthorized artificial intelligence tools at work — is becoming increasingly common, putting sensitive company data at risk. Learn how trucking fleets can protect sensitive data while embracing AI.
Read More →
ArcBest Consolidates Brands, Cuts Workforce
The company will bring three business units under the ArcBest brand, eliminate about 2% of positions, and expects the changes to generate $40 million in annual savings.
Read More →
Trucking Fleets Faced Record Operating Costs During Third Year of Freight Recession
ATRI's annual operational cost report shows carriers trimmed fleets, delayed equipment purchases, and ran older trucks as expenses continued to outpace freight rates.
Read More →
Michelin Adds AI Assistant to MyConnectedFleet Platform
Michelin’s new generative AI tool delivers instant fleet insights, helping managers analyze fuel use, tire maintenance, vehicle status, and operational performance without manually creating reports.
Read More →
LytxOne Platform Now Features AI, Compliance, and Asset Tracking Tools
New enhancements add AI-powered insights, asset tracking, compliance automation, and configurable privacy controls to Lytx's all-in-one fleet management platform.
Read More →
