Berry Global’s Response to Nooses, Notes Defeats Harassment Suit

Measures Berry Global Inc. took in the face of four workplace incidents in which a Black maintenance technician had nooses or racial or threatening notes left in or near his locker shielded the company from harassment liability, the Sixth Circuit ruled Monday.

Ronald Burns unquestionably “suffered heinous racial harassment,” the court said. But there was no evidence one of Burns’ supervisors was involved it, the court said. Berry could therefore be liable under Title VII of the 1964 Civil Rights Act and related laws only if it reacted negligently once it knew of the abuse, the court said.

The evidence ...