Thursday, December 10, 2009

UC - voluntary quit - racial discrimination

Atlas Machining and Welding v. UCBR - December 8, 2009 - Cmwlth. Court - unreported memorandum opinion

The court affirmed a Board decision finding that an African-American claimant had good cause to quit because of racial harassment, including racial slurs by a co-worker and foreman and several instances of his finding a rope fashioned in the shape of a noose.

"There is no question that racial discrimination may constitute necessitous and compelling cause to terminate one’s employment. Taylor; Brown v. UCBR, 780 A.2d 885 (Pa. Cmwlth. 2001); McIntyre v. UCBR, 420 A.2d 34 (Pa. Cmwlth. 1980); Watts v. UCBR, 410 A.2d 976 (Pa. Cmwlth. 1980)."

Given the employer's "ineffectual" attempts to address these problems, it would have been futile for claimant to pursue things further with the employer. Claimant thus had good cause to quit.