Dive Brief:
- The U.S. Equal Employment Opportunity Commission filed a lawsuit Tuesday against a construction services company for allegedly allowing the harassment of American workers at its Rio Rancho, New Mexico, location and then firing at least one worker for complaining about the harassment, according to a news release.
- Oregon-based Advanced Technology Group, Inc. allegedly allowed two employees to be subjected to “anti-American” insults by Mexican co-workers. The Mexican co-workers also allegedly stole one of the American worker’s tools and mocked him for not being able to speak Spanish fluently, the EEOC said.
- The EEOC said the behavior constituted national origin discrimination and violated Title VII of the Civil Rights Act of 1964. ATG could not immediately be reached for comment.
Diving knowledge:
Under the leadership of EEOC Chair Andrea Lucas, the EEOC has focused on “reverse bias” claims against majority group workers, including white males, as well as national origin discrimination against American workers.
“Discrimination against American workers is unconscionable,” Lucas said in the statement. “The EEOC is here to protect all workers from anti-American prejudice. Nothing justifies unlawful national-based discrimination, and we will vigorously enforce federal laws to restore the dignity of the American worker.”
The employee whose tools were allegedly taken complained repeatedly to a direct supervisor, who took no action to stop the harassment, the EEOC said. He complained to another supervisor and was fired the next day by his direct supervisor for going over his head, the agency said.
In a position statement filed with the EEOC, ATG said the worker was fired for nearly falling asleep on the job while supporting a 100-pound beam. The company had a written statement about the incident, but it was not signed by the worker, who denies falling asleep or having any safety violations, the EEOC said.
The worker’s termination paperwork lists “other” and “arguing with crews and almost starting a fight” and nothing about a safety violation, according to the suit.
“Employers have a legal duty to prevent and stop all harassment based on national origin, including harassment of American workers. Employers must investigate any allegations of harassment based on national origin and take prompt action to stop the harassment,” Mary Jo O’Neill, regional attorney for the EEOC’s Phoenix district office, said in the statement.
Many of the workers at the New Mexico site were Mexican and most spoke Spanish, according to the lawsuit. Although ATG said it required translations for English-speaking workers, employees told the EEOC “that the guidelines were rarely translated and that English-speaking workers often did not understand or were excluded from discussions at work.”
The worker in question is Hispanic American and was born in the US, where his family has lived for generations, the EEOC said. According to court documents, his co-workers called him derogatory names on a daily basis after he was temporarily promoted.
In its lawsuit, EEOC said the behavior created a hostile work environment for American workers. The agency and ATG were unable to reach an agreement through the conciliation process.
