Retaliation Category Archives — Sexual Harassment Lawyer Blawg Published by New York Sexual Harassment Attorneys

Witness Files Statement Under Oath About Slurs at Patriot Contractors

May 14, 2025 | by Employment Law Firm

A witness made a filing under oath that supports two workers’ claims in their charges against Patriot Contractors. The two workers’ Equal Employment Opportunity Commission (EEOC) charges say that a company Superintendent used frequent slurs—including the N word and “f*ggot”—and threatened violence. Then, when a coworker—who Patriot knew was and still is battling cancer—stood up for the victim, the Superintendent retaliated, forcing him, the cancer patient, to perform work that was painful due to his disclosed cancer treatment.

The witness says in the new filing that the Superintendent repeatedly called one of the workers a “pineapple f*ggot;” used slurs including the N word, “wetback,” “sp*c,” and “queer;” and rejected job applicants while saying things like “oh, they’re in the Navy, they’re probably a f*ggot,” and “nope, he’s black, he’ll be lazy.”

This witness’s filing says she called Patriot’s Human Resources manager about monthly and complained to her about the Superintendent’s harassment—in fact, in some of these calls, the witness told HR that someone had quit because the Superintendent called them a racial slur. HR would just respond “well, that’s just [the Superintendent,] I’ll talk to him,” or “oh, I thought he calmed down, I’ll talk to him”—and the Superintendent kept behaving the same way. The filing says that Patriot’s Reno site would go through as many as three to five employees per week in peak hiring season–new hires would come in for one or two days, or might not even finish their first day, and then they would not come back, because of how this Superintendent behaved.

An EEOC Charge Alleges that Andrew Whisler of the Virginia Diner Ignored Complaints of Sexual Harassment of a Minor

April 3, 2025 | by Employment Law Firm

A Mother and Daughter have filed Charges with the Virginia Attorney General’s office and the Equal Opportunity Employment Commission (EEOC), alleging that they were both sexually harassed while working at the Virginia Diner by the Kitchen Manager. The Daughter was only 17, below the age of consent in Virginia, when she was physically sexually harassed. The Virginia Diner is owned by the The Virginia Food Group whose CEO is Andrew Whisler.

The following is taken from the filed Charges which quote sworn statements.

The Kitchen Manager said to the daughter, repeatedly, are you still a virgin, whoever comes between your legs is lucky, we need to get you a real man who can satisfy you and provide for you like a real man can. He put his hand on her back and rubbed it down to her behind. He said “Let me get between your legs” when bending down to get something while she stood at the register. Returning a few minutes later saying “did you get what I said earlier”? and when she said no, repeating his comment. Another time he pulled her hair holding on to it, while he walked away. Mother and Daughter witnessed the Kitchen Manager asking female hosts and servers about their “sex lives,” grabbing their hair and rubbing their backs, touching their behinds, and asking things like “did you get laid tonight?” and “did [your boyfriend] give it to you last night?”

White Supremacist, Nazi and KKK threats against Black employee of Pipeline Plastics, alleges EEOC Charge

December 5, 2024 | by Employment Law Firm

According to a Charge of Discrimination filed with the EEOC against Pipeline Plastics, our client (“the victim”) was the only African American employee at Pipeline Plastics working in the yard on his shift. Pipeline employs very few African Americans. On July 23, 2024, the victim arrived at work at Pipeline Plastics in Levelland, TX to find KKK and white supremacist graffiti in his forklift:

According to the EEOC Charge, when he reported it to the Plant Manager (“the PM”), he said “yeah I saw that and I knew it was going to make you feel some type of way.” The PM could have wiped it off before the victim arrived so he would not have had to endure it, but chose not to do that. According to a sworn statement by an eye witness, the PM told the victim to “wipe it off” himself. The witness testified that after this incident, Pipeline failed to take any action to prevent threats against its African American employees. The Charge alleges the PM just told the victim, “don’t worry about it.”

Pipeline should have held an all-hands meeting informing employees that racial harassment would not be tolerated. The Charge states that Pipeline never did, and that Pipeline should have taken other steps to find the culprit and prevent further racially threatening harassment.

UPDATE: Judge Orders Racial Harassment/Retaliation case against Excel to Trial

May 21, 2024 | by Employment Law Firm

In a text Order entered May 20, the Middle District of Louisiana confirmed that Weldon Moore’s claims of racial harassment and retaliation will go to trial, which was previously scheduled to begin July 22.

Lead Counsel Shilpa Narayan successfully led the charge to challenge Excel’s efforts to have Mr. Moore’s case dismissed. For his part, Mr. Moore has withstood the challenges of litigation, fighting for justice for more than three years to have his day in court.

Read more about the case here: https://www.sexualharassmentlawyerblawg.com/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-321-cv-00698-j/

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 Employment Law Firm

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.

A Newport News, Virginia welder for Skanska USA Building, Inc. was sexually harassed by her high-level supervisor—then abruptly fired when she refused to entertain his advances – according to recently filed EEOC Charge.

March 11, 2024 | by Employment Law Firm

Nakeya Livermon worked as a welder for Skanska, where she participated in building infrastructure for the Portsmouth waterside. Livermon was the only female welder on site. She was known to be an excellent welder, in an industry that has few female welders at all.

As her foreman noted:

Skanska featured Livermon in its promotional materials, making her a spotlight during Women in Construction Week

Encompass, a Major Hospital Chain, Threatens to Fire Women who Complain about Sexual Harassment

October 24, 2023 | by Employment Law Firm

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This is the third in a series of blog pieces written for and reviewed by the Charging Parties which explains their ordeal

The CEO, the Head of Human Resources and the Therapy Team Leader Threaten to Fire Women who Complain about Sexual Harassment at Encompass, a Major Hospital Chain

The CEO and the Director of Human Resources at Colorado Springs were required to report to Headquarters that they were receiving numerous complaints of sexual harassment perpetrated by the same provider who had been the subject of the sexual assault allegation.

UPDATE: Lawsuit Against SCA Pharmaceuticals Will Test Reach of End Forced Arbitration Act

August 18, 2023 | by Employment Law Firm

UPDATE: On July 16, 2024, the Court held a hearing on Defendant’s Motion to Compel Arbitration and Dismiss Plaintiff’s Constructive Discharge claims. At the end of the arguments, the Court denied Defendant’s motion in full, and subsequently issued a text Order:

Minute Entry for proceedings held before Judge Robert N. Chatigny: Telephone Conference/Motion Hearing held on 7/16/2024 denying [29] MOTION to Compel Arbitration of Plaintiff’s Amended Complaint and Motion to Dismiss Constructive Discharge Claims filed by SCA Pharmaceuticals, LLC, consistent with the comments made during the telephone conference.

The Court, during the telephone conference, stated in essence that Defendant “could not have it both ways” with respect to its contention that there was a valid and enforceable arbitration agreement situated within an Employee Handbook that specifically disclaimed that it created contractual/legal rights of any kind. In addition, the Court noted that because the employer retained for itself the right to amend or alter the rules in the Handbook at any point, if there were a contract it would be “illusory” and therefore unenforceable. Finding that there was no agreement to arbitrate, the Court did not need to reach the question whether the End Forced Arbitration Act precluded arbitration of any of Plaintiff’s claims, noting any ruling would be dicta, and that the Second Circuit Court of Appeals was poised to rule on the issue in the near future. And the Court refused to dismiss Plaintiff’s Constructive Discharge claim, determining the viability of the claim would be best addressed at summary judgment with a full record of facts.

Encompass Health, a Major National Chain of Rehabilitation Hospitals, Faces Serious Charges of Sexual Harassment

August 17, 2023 | by Employment Law Firm

Encompass Health runs a chain of rehabilitation hospitals across the United States. It is enjoying record revenues. However, Charges of Discrimination and Retaliation filed with the Equal Employment Opportunity Commission (EEOC) by nine current or former women employees of the Encompass Colorado Springs hospital threaten its success.

For revenue growth, Encompass depends on expansion and keeping its facilities at maximum capacity, which in turn depends on growing its referrals. Rehabilitation hospitals receive most of their referrals from discharge planners—social workers and case managers—at acute care hospitals or other health care facilities. Case Management and Social Work is a woman-dominated field. Encompass competes with other rehabilitation hospitals for referrals from these women. Encompass’s women employees rated it fifth among six major competitors according to a Comparably study done in 2022.

North Carolina woman alleges sexual harassment by a customer and retaliation for complaining against her former employer, AutoZone

June 14, 2023 | by Employment Law Firm

A North Carolina woman alleges in Charges filed with the Equal Employment Opportunity Commission that AutoZone managers ignored her requests for help to stop a customer from repeatedly sexually harassing her—and then retaliated against her when she refused to keep serving her harasser.

As explained in her EEOC Charges of Discrimination, Jade Mack worked for AutoZone store 3909 in Concord, North Carolina. Her immediate supervisor was Store Manager Charlie Seabright, and her District Manager was Kevin Murphy. As stated in her EEOC Charges, on December 7, 2021, Ms. Mack alleges that regular AutoZone commercial customer Mr. W. J. [name withheld] walked toward her, forcing her to walk backwards to escape him, while saying “tell your man you’re in love with someone else.” Finding a wall behind her, Ms. Mack tried to sidestep W.J., and said “I don’t think he would like that very much.” The customer insisted, “he will get over it,” and repeated himself. Ms. Mack, increasingly panicked, told W.J. “I don’t think he would like that very much and I don’t like it either.” W.J. was close and directly in front of her. She was finally able to sidestep and escape him. Ms. Mack immediately texted Store Manager Seabright with a complaint and a full description of what had happened:

Mack: So W[.J.]just back me into a corner in the office saying tel [sic] your man your in love with someone else I kept trying to side step him & said I don’t think he would like that he said he will get over it but he was persistent and said it again so I said I don’t like it either fucking creepy I don’t ever want to be alone with him again where I have no exit to get out around him I don’t get creeped out or scared by much but that had me scared as shit & my adrenaline going now I feel like I’m gonna puke[.]