In 2005, plaintiff Roderick Marshall, 54, a black, senior air vehicle technician who built satellites for The Boeing Co., allegedly began to be subjected to racial insults and offensive jokes by his co-workers while in the presence of Boeing supervisors. Marshall sued The Boeing Co.; Boeing Network & Space Systems; and Boeing Defense, Space & Security. Marshall alleged that the actions of the defendants were liable for the employees’ racial harassment. He also alleged the defendants failed to prevent harassment and were negligent in the supervision and/or retention of their employees, creating a hostile work environment. Marshall claimed that there were several racially offensive incidents that occurred in the presence of supervisors, but that they failed to take action. He alleged that there were multiple occasions in which he was called the “N” word by a white co-worker and that there was one incident, at the El Segundo facility in 2017, when a white co-worker threw him a rope tied into a hangman’s noose. He also alleged that whenever he had a day off, the same co-worker would joke that it was because he was at the zoo for a “family reunion.” Marshall further alleged that while in Florida for the launch of a satellite in June 2017, several co-workers, including a supervisor, talked about the 1950s “Speed Racer” cartoon and that when he later went to take off his smock, he found that someone had put a large piece of tape on his back with the name of Speed Racer’s pet chimpanzee. Defense counsel argued that Marshall failed to follow proper reporting procedures and allow Boeing time to investigate the alleged incidents. Counsel contended that Boeing conducted an investigation about Marshall’s claims after the lawsuit was filed and gave the two alleged harassing white employees a warning. Counsel asserted that the warning changed the co-workers’ behavior and that they stopped making such jokes as those alleged. Defense counsel argued that Boeing has an inclusive workplace with zero tolerance for discrimination and that it has a code of conduct and posters warning against harassment throughout the prestigious work area where Marshall was stationed. Counsel further argued that Boeing has extensive diversity training that instructs employees who perceive harassing conduct, particularly racially harassing conduct, to speak up. In response, Marshall claimed he did not report the incidents because they happened in the presence of supervisors, who took no action to prevent or report the incidents. He also claimed that he observed other black employees report incidents over the years and that Boeing failed to take action against the harassers in those instances., Marshal has been a Boeing employee since 1998. He helps build satellites for Boeing and has a top-secret security clearance, often working on government projects. However, he claimed he suffers emotional distress as a result of being humiliated by the incidents. The plaintiff’s psychiatry expert diagnosed Marshall with severe depression. Marshall was off on disability due to unrelated to his back and hip, but he is now ready to return to work. However, Boeing has not given him a return date. Plaintiff’s counsel noted that Marshall fears that the lack of a return date is in retaliation for filing the lawsuit.