Takeaway: Employers can have a zero-tolerance policy toward racist statements but should enforce it equally against members of different races. Had the plaintiff presented comparator evidence showing that members of other races made racist statements and were not fired, his claim might have survived.
A white director of training development for a Chick-Fil-A franchise who was fired for commenting that a Black employee might be a "protester" shortly after George Floyd's death did not assert a valid legal claim, a federal district court ruled.
After the plaintiff was hired as a team member, the franchise provided him with its Team Member Policy Handbook, which included a Civility, Equal Employment Opportunity & Non-Harassment Policy. The plaintiff later became the director of training development.
On June 3, 2020, the plaintiff saw a Black employee standing outside in the rain. In the presence of other non-white team members, the plaintiff said, "He looks like a protester." This comment came just days after the death of George Floyd and subsequent protests. Employees who heard the comment filed a complaint with the franchise's management. On July 6, 2020, the plaintiff was fired because the comment was deemed "insensitive, unprofessional and inappropriate."
The plaintiff filed a complaint with the Equal Employment Opportunity Commission. He received a right-to-sue letter on May 11, 2021. On Sept. 3, 2021, the plaintiff filed his complaint in state court, alleging:
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