42 USC 1981 Category Archives — Sexual Harassment Lawyer Blawg Published by New York Sexual Harassment Attorneys

EEOC Charges: Patriot Contracting in Reno, Nevada Retaliates Against a Victim of Sexual Orientation Harassment–and the Cancer Patient Who Stood Up for his Co-Workers

May 16, 2024 | by Friedman & Houlding LLP

A Patriot Contracting Superintendent subjected an employee to highly offensive racist and homophobic slurs—including the N word and “faggot”—and threats of violence, according to Charges of Discrimination filed with the Equal Employment Opportunity Commission (EEOC) by two former Patriot employees. When the employee’s colleague stood up for the victim, the Superintendent retaliated against him, including forcing the colleague to perform work that was inappropriate and painful given his previously-disclosed status as a cancer patient, according to his own EEOC Charge.

Twenty-year-old “Kevin” (a pseudonym) had worked for Patriot as an excavator operator for five months when he was transferred to a Reno, Nevada job site supervised by a Superintendent in October 2023. This was one of his first full-time jobs, having graduated high school in 2021. “Martin” (also a pseudonym), a former law enforcement officer and highly experienced construction equipment operator, worked onsite under the Superintendent as well. As explained in the EEOC Charge he filed on March 6, 2024, when he came on board with Patriot, Martin—a valuable prospective employee who had years of relevant experience—had made clear to General Manager Ritchie Jensen that to accept the construction equipment operator position, Patriot would have to guarantee Martin wouldn’t be forced to work as a laborer. Martin had disclosed that he was a cancer patient, taking a daily medication to manage his cancer, which made laborer work painful and infeasible; he further disclosed that a preexisting knee condition also made such work unacceptable. Jensen guaranteed that Martin would only be required to operate construction equipment, not to perform a laborer’s manual work.

Unfortunately, as soon as Kevin moved to the Superintendent’s crew, the Superintendent began making extremely offensive and upsetting anti-gay slurs and remarks. As outlined in Kevin’s EEOC Charge, on a near-daily basis, the Superintendent would use the slur “faggot”—saying “hello faggot,” “what a faggot,” and similar remarks to Kevin. Before long, the Superintendent also targeted Kevin, a Native Hawaiian man, with egregious racial slurs—calling him slurs including N*****, monkey, and coon on a daily basis. The Superintendent behaved erratically and threateningly—displaying a gun to Kevin and his coworkers while announcing “this is for anyone that wants to fuck around”—and once placing Kevin in a chokehold with no warning.

Threats of Racial Violence Must Never Be Tolerated

April 17, 2024 | by Friedman & Houlding LLP

Our firm represents an African-American man in North Dakota, who recently filed Charges of Discrimination with a federal agency, the Equal Employment Opportunity Commission (EEOC). In his first Charge he alleges racial harassment and retaliation against his former employer, Ironworks Welding, after two workers re-enacted “mock” lynchings; in his second Charge, he alleges he was fired one week after his employer received his first EEOC Charge, in retaliation for standing up to racial harassment.

In April 2022, our Client began work at Ironworks Welding, Inc. as a “single hand” in the Piping Prefab shop, in Dickinson, North Dakota. He was at the time the only African-American worker.

Beginning when he was hired, our Client believed he was being treated with suspicion, so much so that he ultimately told his Safety Manager he felt targeted due to his race, and not trusted. Nevertheless, he liked his job and wanted to succeed and help the Company.

EXCEL USA Management Testimony Reveals Retaliatory Treatment of African American Employee Who Filed Racial Discrimination Suit, WELDON MOORE v. EXCEL CONTRACTORS, LLC, d/b/a EXCEL USA, 3:21-cv-00698-JWD-RLB

February 9, 2023 | by Friedman & Houlding LLP

Friedman & Houlding LLP represents Weldon Moore an African American truck driver who worked at EXCEL USA in Baton Rouge, Louisiana. Moore claims, among other things, that he was subjected to a retaliatory termination for filing the racial discrimination claims against EXCEL in federal court. Vice President of Operations over the Lake Charles division of EXCEL, Shaun Dunn, admitted in sworn testimony that days after EXCEL was served with the Summons and Complaint filed in court, he called Mr. Moore and advised, “don’t return to work until you hear back.”

Mr. Moore did not hear back from EXCEL for a full month, and did so only after he filed an Amended Complaint in Court alleging retaliatory termination. Upon filing the Amended Complaint, Mr. Moore received a text message from Dunn stating that Mr. Moore would be suspended for three weeks. Dunn testified that he alone made the decision to suspend Mr. Moore for three weeks, and that the “main” cause for suspension was Mr. Moore’s use of Louisiana Pigment’s equipment without prior authorization, a claim that is not supported in the record. Indeed, Dunn admits that no one from Louisiana Pigment complained about or commenced investigation into Mr. Moore’s use of Louisiana Pigment’s equipment. Dunn testified that the reason for allowing a month to pass before notifying Mr. Moore of the suspension was that he sought Louisiana Pigment’s approval for Mr. Moore to return to the job site and spoke with Louisiana Pigment manager Chris Jennings for such approval. However, Chris Jennings testified that no such conversation took place. Former EXCEL Safety Manager Doug Stephson testified that he had never heard of an EXCEL employee being suspended—let alone, suspended for three weeks—for unauthorized use of Louisiana Pigment equipment.

The testimony to date points to EXCEL’s pretext for its termination of Mr. Moore in retaliation for Mr. Moore’s protected activity of filing claims of racial discrimination against EXCEL. Deposition testimony from several witnesses, both former employees of EXCEL and other non-EXCEL employed witnesses corroborate Mr. Moore’s claims of regularly recurring racial harassment by Mr. Moore’s former supervisor at the Louisiana Pigment facility in Lake Charles, Jeff Addison. Addison resigned from EXCEL after Mr. Moore made several complaints to management and Human Resources concerning his racial harassment, but was never the subject of an investigation by EXCEL. Addison himself admitted in sworn testimony that the term “Black mother****er”—a term Mr. Moore was regularly subjected to while employed at EXCEL—was in use at the EXCEL project site at Louisiana Pigment, as were racist jokes. Witnesses testified that Addison regularly referred to Mr. Moore as “Black mother****er” at the job site.