United Airlines faces lawsuit over allegations of racial discrimination at DIA catering facility

Denver’s largest airline carrier is now embroiled in a legal dispute over allegations of racial discrimination, according to a lawsuit filed Wednesday in the U.S. District Court for the District of Colorado.

The case, EEOC v. United Airlines, Inc. was filed on behalf of Alsunbayar "Bondok" Davaabat, an Asian American of Mongolian descent. Davaabat claims that during his employment at United's Denver Catering facility, he was subjected to a hostile work environment, including racial slurs, threats, and physical assault from a senior manager.

As the U.S. Equal Employment Opportunity Commission (EEOC) press release explains, the harassment occurred "during the height of the COVID-19 pandemic, when Asian Americans faced heightened public hostility and violence." At the time, research from the Pew Research Center revealed that one-third of English-speaking Asian adults surveyed feared they might be threatened or physically attacked.

The Denver Gazette reached out to United Airlines for comment on the case, but a company spokesperson declined.

The suit was one in a trio of lawsuits the EEOC filed in U.S. District Courts this week alleging that discriminatory mistreatment in the workplace created illegal hostile work environments in violation of Title VII of the Civil Rights Act of 1964.

The primary incident in the case occurred in January of 2021. According to court filings, Terry McGurk allegedly called Davaabat a racial slur, physically assaulted him by grabbing his arm, and threatened his job. This event, witnessed by other employees, left Davaabat feeling threatened and humiliated, documents show.

The suit claims that, over time, other coworkers used additional racial slurs when referring to the Davaabat and United management did not stop it. The investigation into the January incident did not commence until a month after the initial incident.

In July of 2021, McGurk was allowed to retire without termination or substantial penalty, according to court filings.

Davaabat eventually resigned from United, claiming he was forced to leave because his working conditions had become intolerable.

The damages which the EEOC seeks in the case include a permanent injunction to prevent further racial discrimination, policy changes to promote equal opportunities for Asian American employees, and compensatory damages for Alsunbayar Davaabat’s lost wages and emotional suffering.

Additionally, the lawsuit demands punitive damages for United’s reckless conduct and seeks recovery of legal costs

“The EEOC is committed to enforcing our nation’s laws preventing race and national origin harassment in the workplace,” said Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix District, which includes Colorado, in the news release. “Employers need to remain vigilant in preventing their own managers from engaging in harassment in the workplace. And employers must act promptly in investigating harassment allegations and must immediately take steps to stop the harassment and take appropriate disciplinary and remedial actions, especially where the harassing incident involves both a racial slur and physical assault.”

It’s not the first racially charged incident that the airline has been associated with recently.

In July, the airline was involved in a separate controversy when former Denver Broncos running back Terrell Davis was detained by the FBI and local law enforcement upon landing during an incident involving a flight attendant.

According to Davis, after lightly tapping the attendant's arm to get his attention, he was accused of hitting the attendant, prompting the attendant to shout, "don't hit me", and walk away. After being detained and questioned by the FBI, law enforcement apologized and released him. Davis has said publicly he is banned from flying United.

As initially reported by the Los Angeles Times last October, a pair of United Airlines flight attendants filed a lawsuit which alleged that they were overlooked for the desirable role of working on charter flights for the Los Angeles Dodgers due to the players' preference for a specific "look."

The suit claimed that the airline favored "white, young, slim women, primarily with blonde hair and blue eyes" for these assignments.

In 2023, Denver International Airport saw a record-breaking 78 million passengers, with United Airlines serving as its largest carrier, according to CNBC. United is a heavy investor in the airport, having recently injected nearly $1 billion in spending to expand gates, add more flights, and introduce new destinations. As part of its recent expansion, the airline opened its largest lounge in Denver and plans to increase its flights to 650 daily flights by 2030.