English Construction Denied Qualified Veteran Promotion Because he is African American, According to EEOC Charge — Sexual Harassment Lawyer Blawg

The following is taken from documents filed with the EEOC against English Construction Co Inc (“English”) in Lynchburg, Virginia by “Alex” (name changed to protect victim).

Alex has a Master’s Degree in Engineering. As a US Navy Corpsman, Petty officer E-4, he served 4 years active and 4 reserve duty. Alex was hired as a Laborer by English July 2023 with a promise that he would receive “on-the-job training” to progress to a better position. Alex is also African American and Muslim.

After working at English for over a year, Alex learned that English offered relatively low paying Laborer positions to African American men, promising them that they would receive on the job training, promotions, vacation time, raises, health insurance, 401k benefits if they stayed with the company for at least one year. The company then terminated the men before they were able to complete a full year working there. To Alex’s knowledge, the only African Americans employed by English were Laborers, and there were no non-African American Laborers.

Alex informed members of management at English including the Assistant Project Manager, Project Manager, Superintendent and Director of Human Resources that he would like to be considered for more responsible positions such as Superintendent or Field Coordinator. Alex explained that, as stated in his initial application, he holds a Master’s Degree in Engineering, and multiple relevant Certificates including those for Erosion and Sediment Control for Construction Sites, SWM (Stormwater Management), and others.

In late summer and early fall of 2023, Alex spoke with the Assistant Project Manager several times about promotion to two open positions: Superintendent and Field Coordinator. The Assistant Project Manager told him that to be considered he needed to provide English with his Master’s Degree in Engineering. The Director of Human Resources told him “If you can send that degree to the office, we have a job for you.” Alex then emailed his degree to all his managers, as well as HR, and provided the office with a physical copy.

Around the end of October 2023, English hired a new Superintendent, a Caucasian man. He didn’t have the training or experience to perform the Superintendent job or have an Engineering degree. The Assistant Project Manager instructed Alex—who was qualified for an had applied for the opening–to train him.

Rich [name changed to protect witness], one of Alex’s coworkers, witnessed this, and provided a statement under oath:

While I was working with him, [Alex] was frequently asked to, and did, perform duties considered those of a Superintendent including opening the job site and reviewing architectural plans.

During my time at English, there were multiple positions available including, but not limited to, Labor Steward and Logistics. These positions were always ultimately filled by Caucasians.

[Alex] informed me that he provided the office with the necessary certificates and expressed his interest in a promotion to a more responsible position.
[Alex] was asked to, and did, help to train [NAME OF CAUCASIAN EMPLOYEE WITHHELD] for his position as Superintendent.

While working under the title of Laborer, Alex was performing many of the functions of a management position including reviewing and adhering to construction plans, ensuring that there was no trade stacking, opening the site in the mornings, taking attendance, acting as a liaison between experts in asbestos abatement and members of management, surveying erosion after rain, ensuring that there was sufficient personal protective equipment available, allowing subcontractors access to specific parts of the site, ensuring that parts of the school actively in use were safe for the school children and providing updates of what needed to be done at the work site to the Superintendent, Assistant Project Manager, and Project Manager. These members of management took full advantage of Alex’s capabilities and usually arrived at the worksite several hours after it opened, which they were only able to do because Alex was performing these aspects of their jobs. Notably, no other Laborers were asked to perform these duties or given access to the keys to the job site, as Alex was.

Alex never received any response, verbal or written, to any of his communications expressing interest in a promotion, including promotion to Field Coordinator or Superintendent, despite following up multiple times in person. The Assistant Manager simply told him repeatedly that he knew that there were multiple appropriate positions available, and that HR was supposed to be reaching out, which they never did. Meanwhile, he continued to direct Alex to perform job functions usually performed by management, allowing him and other members of management to arrive at the worksite several hours after it opened. The Field Coordinator position remained vacant throughout Alex’s entire employment at English.

Alex also heard his Project Manager (PM), use offensive racial slurs referring to Latinos on a regular basis. Alex was personally offended by these comments, as his wife and children are Latino. He heard through others, including his coworker Rich (name changed to protect witness), that his PM frequently made offensive comments about African Americans and Muslims as well.

In Rich’s sworn statement, which is a part of the EEOC file, he testified that the PM (whose name is redacted):

Frequently made offensive racial comments and used racial slurs.

By way of example and not limitation, Mr. [redacted] made comments such as:

Calling Latino employees and contractors “Beaners”.
When he saw that there were no Latino employees or contractors present, he said “no beans in my burrito today.”
“Black people can’t swim.”
“Black people aren’t smart.”
Referred to me as a “Weed smoking Muslim,” a “little girl” (due to my long, natural hair), and “Rasta.”
He once asked me why I wear my hair this way, so I explained that it was to honor my ancestors. In response, he said “Your ancestors are dead, they not here, why you trying to respect them?”
“Why you singing those Negro songs?”
He said “goddamn Mexicans.” I informed him that the people he was referring to were Honduran, to which he replied “Same shit.”

As Project Manager, [redacted] had the seniority necessary to deny Alex the promotions which he was seeking. The racist comments that Alex and Rich heard [redacted] make, and disparaging reference to their religious faith, made it more likely that [redacted]’s prejudice was the reason Alex did not receive the promotions.

As Rich testified in his sworn statement:

There were no African American employees at English except for Laborers while I was working there.

When I was hired, I was told that once I had worked there for a year, I would receive a raise, promotion, and vacation time. To my knowledge, the other, mostly African American, laborers were told this as well. Almost all of us were fired before we reached one year of employment at English.

If you have experienced racial harassment or discrimination at English Construction Co Inc., or have knowledge of the events described in this blog, please call us at 212-308-4338, email attorney@employmentlawfirmpc.com or fill out a form on our website. Thank you.

The following is taken from documents filed with the EEOC against English Construction Co Inc (“English”) in Lynchburg, Virginia by “Alex” (name changed to protect victim).

Rich [name changed to protect witness], one of Alex’s coworkers, witnessed this, and provided a statement under oath:

While I was working with him, [Alex] was frequently asked to, and did, perform duties considered those of a Superintendent including opening the job site and reviewing architectural plans.

During my time at English, there were multiple positions available including, but not limited to, Labor Steward and Logistics. These positions were always ultimately filled by Caucasians.

[Alex] informed me that he provided the office with the necessary certificates and expressed his interest in a promotion to a more responsible position.

[Alex] was asked to, and did, help to train [NAME OF CAUCASIAN EMPLOYEE WITHHELD] for his position as Superintendent.

In Rich’s sworn statement, which is a part of the EEOC file, he testified that the PM (whose name is redacted):

Frequently made offensive racial comments and used racial slurs.

By way of example and not limitation, Mr. [redacted] made comments such as:

Calling Latino employees and contractors “Beaners”.

When he saw that there were no Latino employees or contractors present, he said “no beans in my burrito today.”

“Black people can’t swim.”

“Black people aren’t smart.”

Referred to me as a “Weed smoking Muslim,” a “little girl” (due to my long, natural hair), and “Rasta.”

He once asked me why I wear my hair this way, so I explained that it was to honor my ancestors. In response, he said “Your ancestors are dead, they not here, why you trying to respect them?”

“Why you singing those Negro songs?”

He said “goddamn Mexicans.” I informed him that the people he was referring to were Honduran, to which he replied “Same shit.”

As Rich testified in his sworn statement:

There were no African American employees at English except for Laborers while I was working there.

When I was hired, I was told that once I had worked there for a year, I would receive a raise, promotion, and vacation time. To my knowledge, the other, mostly African American, laborers were told this as well. Almost all of us were fired before we reached one year of employment at English.

If you have experienced racial harassment or discrimination at English Construction Co Inc., or have knowledge of the events described in this blog, please call us at 212-308-4338, email attorney@employmentlawfirmpc.com or fill out a form on our website. Thank you.