Well Servicing Companies to Pay $1.2 Million to Settle EEOC Suit for Race Harassment, Retaliation

Blacks, Hispanics and Indians Verbally Abused and Punished for Complaining, Federal Agency Charged

 

A federal judge in Casper, Wyo., has approved a $1.2 million settlement in a case brought by the U.S. Equal Employment Opportunity Commission against Dart Energy Corp. and two related companies, the federal agency announced.  The EEOC had charged well servicing companies Dart Energy Corp., Beckman Production Services, Inc., and J&R Well Service, LLC with violating federal law prohibiting race and national origin harassment and retaliation. The EEOC sought monetary and injunctive relief for more than a dozen men who claim that they had to endure racially derogatory comments and jokes on a regular and repeated basis.

According to the EEOC's suit, truck pusher Ken Nelson, as well as other J&R employees, regularly used terms like "wetback" and "beaner" to refer to Hispanic employees, "wagon burner" to refer to Native American employees, and the "N-word" to refer to black employees. Nelson was also accused, among other things, of referring to shovels as "Mexican backhoes" and stating that "Custer should have killed all the Indians."

The EEOC's accusations extended to J&R rigs as well. According to the EEOC's amended complaint, minority employees on the rigs regularly heard racist terms and demeaning remarks about green cards and deportation. Terms such as "n----r-rigging" and telling employees to "n----r a pipe down" were also common, according to the EEOC's complaint. 
  
According to EEOC, several individuals complained to management, but their complaints were minimized or ignored entirely. The EEOC reported, for example, that Area Supervisor Jim Ferguson responded to employee complaints by telling complaining employees that they could quit, or by saying that he was sick of everyone coming to him and that everyone simply needed to do their jobs.

Further, the EEOC said, several men were demoted or fired after taking their complaints of discrimination to the Wyoming Department of Employment Labor Standards Division.

All this alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits race and national origin harassment and retaliation for complaining about it. The EEOC filed suit (EEOC v. Dart Energy Corp. et al., Case No. 13-cv-00198-SWS (D.Wyo.) after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to paying $1.2 million, the defendants in the case are also subject to a three-year consent decree which requires extensive training on employment discrimination laws, the establishment of a toll-free anonymous complaint line, and annual surveys of employees to ensure that discrimination is not occurring at J&R facilities. The defendants are also enjoined from engaging in any future employment practice which discriminates on the basis of race and/or national origin, and from retaliating against individuals who oppose such practices. J&R and Beckman will report to the EEOC twice a year for the decree's duration.

"This case is the latest in a series of successes the Commission has had addressing egregious racial and national origin harassment," said EEOC General Counsel David Lopez. "This type of outrageous discrimination sadly still exists. Employers in the oil and gas industry should heed this settlement and renew their efforts to ensure that employees are treated equally regardless of race or national origin."

EEOC Regional Attorney Mary Jo O'Neill added, "The type of blatant racist conduct alleged in this case has no place in the workplace. We believe that our lawsuit and the significant relief obtained in this settlement will send the message, not only to the defendants, but to the entire industry that the EEOC will not this kind of misconduct - or retaliation for complaining about it."

EEOC Trial Attorney Sean Ratliff expressed his pride in the individuals who brought the original complaints.

Ratliff said, "Working in the oil and gas industry can be dangerous enough. Employees shouldn't have to fight bigotry at the same time. I commend these men for standing up for their rights. I hope that their efforts will inspire others to do the same."

Denver Field Director John Lowrie added, "The Wyoming Department of Employment Labor Standards Division partnered with the EEOC by taking the charges and beginning the investigation, which was then completed by the EEOC. The EEOC partners with state and local Fair Employment Practices Agencies (FEPAs), such as the Wyoming FEPA, in order to enforce employment discrimination laws."

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

$140,000 Jury Verdict for Race Harassment Victims Upheld

AA Foundries, a San Antonio manufacturer of ferrous castings and producer of foundry mold machines, has agreed to drop its appeal of a racial harassment judgment for $140,000 and resolve the case with the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today. The settlement comes 2 ½ years after the EEOC's San Antonio Field Office first filed suit.

The EEOC's lawsuit (Civil Action No. 11-CV-792 filed on Sept. 23, 2011 in U.S. District Court for the Western District of Texas) had charged AA Foundries with racially harassing its African-American employees in violation of federal law.

During a three-day trial in September 2012, a federal jury heard evidence that the AA Foundries superintendent, the top plant official, not only used the "N- word" himself, but admitted that it did not bother him that derogatory racial slurs were commonly heard in the workplace. The superintendent also called adult African-American male employees "mother-f------g boys," posted racially-tinged written material in the break room, and routinely slandered black employees, referring to them as "you people" and accusing African-Americans of always stealing and wanting welfare.

After several employees filed racial harassment charges with the EEOC, a noose was displayed at the AA Foundries workplace. In response to employee complaints about this noose, the superintendent described such reports as "B.S." and stated the noose "was no big deal" and that "you people are too sensitive." One African-American employee testified at trial that he filed an EEOC complaint because he wanted his children to learn not to be prejudiced against others, and to keep others from being prejudiced against them in the workplace.

The jury found in favor of the three black male employees, Christopher Strickland, Leroy Beal and Kenneth Bacon, and awarded punitive damages that totaled $200,000. However, it found no liability regarding a black female employee, Kathy White. There are statutory caps on the amount of compensatory and punitive damages a person can recover. These caps vary depending on the size of the employer. Two of the three awards exceeded the cap, and those two awards were reduced to $50,000 each. 
 
In addition to the jury awards, the court granted the EEOC's application for injunctive relief, and "permanently enjoined" AA Foundries from "engaging in any employment practice which facilitates, condones, or encourages a hostile work environment on the basis of race ..." and ordered the company to implement an effective Title VII policy prohibiting race-based discrimination and to disseminate it to all employees and to conduct one hour of Title VII training.

On Oct. 23, 2012, AA Foundries filed an appeal of the jury's verdict to the U.S. Court of Appeals for the Fifth Circuit. Attorneys for EEOC Appellate Services - General Attorney Christine Back, and Assistant General Counsel Carolyn Wheeler - defended the favorable jury verdict on behalf of the three males, and also filed a cross-appeal on behalf of White. The company withdrew its appeal on March 7, 2012 and agreed to settle the case. Pursuant to the settlement agreement, AA Foundries agreed to pay Strickland $50,000, Beal $50,000 Bacon $40,000 and White $20,000. The company also agreed to comply with the injunctive relief ordered by the court. 
 
Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

Olympia Construction to Pay Racial Harassment and Retaliation Lawsuit

Federal Agency Says Black Employees Were Racially Harassed by Project Superintendent And Fired for Complaining

Olympia Construction, Inc. will pay a total of $100,000 jointly to three former employees to resolve a race harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced.

The EEOC's lawsuit charged that Olympia subjected Adrian Soles, Anthony Moorer and George McWilliams to racial slurs and intimidation. The agency also said that Olympia terminated the victims because they complained to the EEOC.
Race discrimination and retaliation for opposing or reporting it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Southern District of Alabama, Selma Division (Civil Action No. 2:13-cv-155-N) after the agency first attempted to reach a pre-litigation settlement through its conciliation process.

U.S. District Judge Kristi K. Dubose of the Southern District of Alabama approved the consent decree on Feb. 27 ending the suit, which had been filed in March 2013. In addition to payment of the settlement amount, Olympia is required to take steps to prevent future harassment or retaliation, including ongoing training for all employees and management, reporting any complaints and the company's responses to the EEOC and posting a notice for all its employees about the settlement as well as contact information for reporting harassment, discrimination or retaliation.

"Our hope is that this case will serve as prevention for years to come and a reminder that discrimination is illegal and has no place in the 21st century workplace," said EEOC Senior Trial Attorney Marsha Rucker.

Delner Franklin-Thomas, district director of the agency's Birmingham District Office, added, "The settlement is significant not only for the monetary relief obtained for the victims, but also for the extensive training of Olympia's workforce and policy changes that will take place as a result of the EEOC's action."

Olympia Construction, headquartered in Albertville, Ala., develops and builds housing for families and senior citizens in eight states throughout the South and Southeastern United States.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

MMR Constructors Settles EEOC Racial Harassment Lawsuit

White Co-Workers Racially Harassed Black Employee, Federal Agency Charged

 

MMR Constructors, Inc., a worldwide labor contractor, has agreed to pay $50,000 and provide other relief to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The EEOC had charged that a black employee, who worked as a technician for MMR at the Ash Grove Cement Plant in Foreman, Ark., was subjected to racially offensive language, graffiti and death threats by white employees.

According to the EEOC's suit, two white co-workers came to the black employee's home in the middle of the night and threatened to kill him if he made any more racial harassment complaints against other co-workers or with regard to the racial graffiti. The black employee reported the incident, but MMR refused to take appropriate action against the harassers because the incident occurred away from the worksite.

Racial harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit (Case No. 4:12-cv-04117) in U.S. District Court for the Western District of Arkansas, Texarkana Division after first attempting to reach a voluntary settlement through its conciliation process.

Besides the monetary relief, the 18-month consent decree agreed upon by the parties and approved by the court requires MMR to provide training on racial discrimination, the proper handling of complaints of racial discrimination and anti-retaliation training for all of its management employees in Baton Rouge, La., and Arkansas. MMR must also report any complaints of racial discrimination and racial harassment received from any location in Baton Rouge, La., or Arkansas.

"The law requires employers to provide a safe workplace that is free of racial harassment," said Faye Williams, regional attorney for the EEOC's Memphis District Office, which has jurisdiction over Tennessee, Arkansas and northern Mississippi. "This not only includes the obligation to promptly and effectively investigate all complaints of racial discrimination and harassment but to also take proper action, when necessary, to correct such unlawful behavior. When an employer fails to do so, it runs the risk of finding itself embroiled in litigation."

Baton Rouge, La.-based MMR provides specialty contracting services for clients in the oil and gas, manufacturing, chemical, and power generation industries.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

Torqued-Up Energy Services to Pay $150,000 to Settle EEOC Race Harassment / Retaliation Suit

EEOC Says Employee Fired for Reporting Racial Discrimination and Company Interfered With Subsequent Employment

Torqued-Up Energy Services, Inc., a Tyler, Texas-based petroleum and gas industry equipment provider, will pay $150,000 and furnish other relief to settle a racial harassment and retaliation suit by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to the EEOC's suit, an African-American employee of Torqued-Up assigned to a field crew in South Texas experienced racial harassment in the form of racial slurs and epithets from two employees who supervised him on the job. According to the EEOC, the employee, who had 30 years of experience in the oil industry, reported the racial harassment to Torqued-Up's management, but instead of putting a stop to it, the company unlawfully retaliated against him. The punishment included removing the man from his crew and assigning him to perform menial tasks such as washing trucks and sweeping, rather than the oil field work that he had been hired to perform, and reducing his work hours, thereby reducing his income.

The EEOC also accused Torqued-Up's management of retaliating against this employee by interfering in subsequent job opportunities after his employment with Torqued-Up ended. Torqued-Up management discouraged at least one other employer from continuing to employ the man, the EEOC said.
Race discrimination and retaliation for opposing or reporting it violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit filed in U.S. District Court for the Southern District of Texas, Victoria Division (Civil Action No. 6:12-cv-00051) after first attempting to reach a pre-litigation settlement through its conciliation process.

"Every employee has the right to a workplace free from harassment," said Trial Attorney David Rivela of the EEOC's San Antonio Field Office. "No one should be subjected to racial slurs and derogatory comments, and no company should tolerate such behavior in its workplace. In this situation, an employee with 30 years of experience in the oil industry was subjected to reprehensible and demeaning treatment because of his race. We are pleased that the parties could reach an amicable resolution of this matter that will adequately compensate the harassment victim for what he experienced. We hope that the proposed training and emphasis on anti-discrimination policies will create a better and more tolerable working environment for all who work at Torqued-Up."

The four-year consent decree resolving this case, approved by U.S. District Judge Gregg Costa, requires Torqued-Up to implement an anti-discrimination policy that prohibits discrimination against employees on the basis of race and/or retaliation in violation of Title VII; post a notice regarding its commitment to protect employees from harassment; provide training to all of its employees; and pay $150,000 to the victim.

John Griffin, a plaintiff's attorney who worked with the EEOC in this case, said, "I am proud of the work we have done together with the EEOC in order to make our workplaces free from racial slurs and intimidation. Our country and Texas are better off when workers are judged on their abilities and not the color of their skin. This employee bravely fought against racial discrimination and we are gratified with settling this matter and making workplaces better places for Texas workers."

Torqued-Up Energy Services provides coiled tubing, pressure pumping, wrenching, testing and fracturing services to the petroleum and gas industry in Texas, Oklahoma and Louisiana.

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.