Articles Posted in Retaliation

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.

Order

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/

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.

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.

Bright Data, Inc. is a Delaware corporation and subsidiary of an Israel-based company, Bright Data Ltd. The Company’s United States headquarters are in New York City.

As alleged in her Charge of Discrimination filed with the Equal Employment Opportunity Commission, our client’s second-level supervisor, a Managing Director, engaged in inappropriate behavior even before Bright Data hired her, which escalated after her hire into blatant sexual harassment. Her supervisor attempted to engage in a sexual relationship with our client, “Jane Doe”, which she rejected, and for which rejection she paid the price of her employment, according to her EEOC Charge.

Doe interviewed for a position at Bright Data in May 2021. Rather than discuss work experience or Doe’s professional skills, and rather than describe the Company/the available position, the Managing Director asked intrusive questions about her personal life, phrasing questions in a way to elicit whether she was single or not. Doe felt compelled to reveal that she was not married, with a daughter – in other words, a single mom. The supervisor-to-be immediately began to tell her that single mothers are “the most diligent and efficient” “because they have no choice,” among other statements, in essence commenting that single mothers are at the mercy of their employers. Her boss would return to these comments during her employment, reiterating them on at least three other occasions.

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:

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

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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. 

SCA Pharmaceuticals has filed a motion to compel arbitration in Plaintiff H. Dragon’s sexual harassment and retaliation case—and while the motion fails for several other reasons, this case is among the first to present an interesting legal question about the applicability of the Ending Forced Arbitration Act in sexual harassment cases. 

In its motion, SCA claims that Plaintiff Dragon signed an acknowledgement that he had received the company’s employee handbook, and that the handbook contained language requiring that employment disputes be arbitrated. Plaintiff opposed the motion, pointing out the obvious: the handbook and acknowledgement explicitly disclaimed creating contractual obligations “of any type”—meaning that by SCA’s own choice, no agreement to arbitrate could have been created. Plaintiff also pointed out that any agreement to arbitrate based on those documents would have been illusory, if it had actually existed, since the acknowledgement retains SCA’s authority to alter the policies in its handbook—including any purported arbitration agreement—unilaterally at any time. 

But even though these facts are enough to dispose of the motion, the motion also presented a separate and novel legal issue: does The Ending Forced Arbitration Act (“EFAA”) apply to a hostile work environment claim like this one, where the harassment started before the law came into effect, and continued after it was already effective?  

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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.

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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[.]

Hunter Dragon worked as a cleaner, and later an expeditor, at SCA in Windsor, Connecticut. Not long after Dragon started working at SCA, as alleged in his Amended Complaint , his coworker F.M. (who was not identified in the Complaint by name) asked Dragon, in front of several coworkers, whether he had a girlfriend. Dragon forthrightly told F.M. that he was gay. F.M. and his friends thereafter began a campaign of near-daily harassing “jokes,” gestures and comments directed at Dragon based on his sexual orientation—for instance, frequently asking Dragon how his girlfriend was doing, who he was having sex with, or who he would “chaga-chaga” with—while thrusting their hips or making other gestures referring to sex.

Even as he publicly mocked Dragon with his friends, F.M. sent Dragon messages coming on to him sexually—telling Dragon he was cute, and saying he wanted to “hook up.” The two did hook up—but afterward, F.M.’s behavior became menacing: he threatened to kill Dragon if he told anyone about their encounter. Dragon was terrified that F.M. would follow through on his threat.

The Complaint alleges that F.M’s harassment only intensified after these events. The very next day at work, F.M. asked Dragon if he was pregnant in front of several coworkers in the locker room where employees were required to gown up for their work. Over the following months, he repeatedly called Dragon homophobic slurs, including “fag,” “queer,” and “gay,” for example, “here comes the fag.” F.M. and his friends regularly asked Dragon if he was pregnant, and mocked his mannerisms by imitating him in an exaggerated, gay-stereotyped way. F.M.’s ongoing harassment of Dragon also became explicitly sexual—for instance, on more than one occasion F.M. rubbed his genitalia over his pants while staring at Dragon, including through a workstation window. He often stared at Dragon while Dragon was changing clothes in the locker room, even though F.M.’s own locker was on the other side of the locker room, away from Dragon’s. On one occasion, F.M. approached Dragon’s workstation and told him, “look down,” gesturing to his groin. Dragon couldn’t avoid seeing that F.M. was pointing to F.M.’s erect genitals in his pants. Dragon told him “no, please go away.” F.M. continued to tell Dragon to “look at it.”

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