United Airlines settles racial discrimination lawsuit in case of ex-Denver employee ...Middle East

a settlement with the U.S. Equal Employment Opportunity Commission that was announced Monday.

While the victim, Alsunbayar Davaabat, will receive back pay and other relief as part of the settlement, the EEOC said the case was also about United’s delay to take “effective action to address complaints of a hostile work environment, especially where the complaint includes allegations of physical violence,” said Mary Jo O’Neill, EEOC attorney whose jurisdiction includes Colorado, in a statement. 

According to the EEOC lawsuit, Alsunbayar Davaabat, a native of Mongolia who’d worked as a driver at United’s Denver catering facility since 2019, had finished eating at the cafeteria Jan. 11, 2021. COVID precautions were still in effect and workers were required to wear a mask, except while they were eating.

As Davaabat and a coworker walked to the trash can with their masks down, Terry McGurk, senior manager of food and materials, told them to put their masks back on. They replied “yes, sir,” causing McGurk to respond with, “What did you say, chink?” and “I don’t like your tone,” according to the lawsuit. 

Following the confrontation, which became physical when McGurk “grabbed and twisted his arm,” Davaabat said he felt “shocked and afraid for his physical safety and of losing his job,” and reported the incident to a supervisor, according to the lawsuit.  But after no action was taken by the company, Davaabat gave two weeks’ notice and resigned. 

United did conduct an investigation but it didn’t start until more than a month later, including interviewing coworkers four months later who’d heard the slur. The company concluded Davaabat’s claims were substantiated. McGurk was offered a separation agreement from United in July that year that “allowed him to ‘retire in lieu of termination,’” the lawsuit said.

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But United’s failure to take prompt action was “unlawful,” the EEOC said, because the company did not prevent or remedy the hostile work environment. 

United agreed to pay $99,000 in damages, back pay and legal fees, plus 75,000 flight miles. The airline must also review its employment policies, submit regular compliance reports to the EEOC and change its workplace violence policy to start an investigation into actual or threatened physical violence within 72 hours of a notice of complaint, according to the consent decree completed on the last day of 2025. 

In a statement, United said, “After an extensive investigation, the manager in this case was removed from the workplace and is no longer with United. We offered the plaintiff re-employment in 2021, but he declined. United is pleased that settling this case will avoid protracted litigation for all parties.”

Denver is a major hub for United, which is based in Chicago. The company employs more than 10,000 workers in the Denver area and has a flight-training center near the city’s Central Park neighborhood. 

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