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Saturday, May 22, 2010

EEOC Obtains $122,500 from Houston Construction Company for Religious, Race and National Origin Discrimination

Pace Services Treated Islamic, Black and Hispanic Employees Unfairly, Federal Agency Charged

HOUSTON – A Houston-area construction company will pay $122,500 and provide additional remedial relief to resolve a discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced on April 22nd. The EEOC had charged that Pace Services, L.P. discriminated against Mohammad Kaleemuddin because he is of the Islamic faith and of East Indian descent, and against 13 other employees because they are black or Hispanic.

The EEOC’s lawsuit (Civil Action No. 4:08cv2886, in U.S. District Court for the Southern District of Texas, Houston Division) asserted that a Pace supervisor referred to Kaleemuddin as “terrorist,” “Taliban,” “Osama” and “Al-Qaeda.” According to the EEOC, despite Kaleemuddin’s complaints, Pace never took action to stop the harassment, which continued up to the day when the supervisor fired him. The EEOC further claimed that the same supervisor, as well as others in Pace management, regularly referred to African Americans as “n----s” and to Hispanics as “f-----g Mexicans.”

Under the terms of the consent decree settling the suit, signed by U.S. Magistrate Judge Stephen William Smith, Pace Services will pay $61,250 in relief to compensate Kaleemuddin. An additional $61,250 will be distributed among the other non-Anglo employees who were also harassed. In addition to the monetary payments, the decree directs that Pace’s owner shall provide a signed letter of apology to Kaleemuddin, that the manager alleged to have made many of the racist remarks be prohibited from ever working again for Pace, and that Pace provide employee training designed to prevent future discrimination and harassment on the job.

EEOC Houston Regional Attorney Jim Sacher said, “Employees have an absolute right to be free from discriminatory harassment in the workplace. The EEOC will vigorously challenge violations of this statutory right.”

Kaleemuddin added, “I would like to thank all the guys I used to work with at Pace for standing up for the truth.”

The EEOC enforces the federal laws prohibiting employment discrimination. Additional information about the EEOC is available on the agency’s website at www.eeoc.gov.

Anyone who believes he or she has been subjected to a discriminatory employment practice is encouraged to contact the EEOC’s Houston District Office located in downtown Houston at 1919 Smith Street, in the Mickey Leland Federal Building.

Source: http://www.eeoc.gov/eeoc/newsroom/release/4-22-10.cfm

Wednesday, April 14, 2010

Professional Building Systems Of North Carolina To Pay $118,000 To Settle Race Harassment Case

Custom Homes Manufacturer Subjected African American Employees to Racial Harassment, EEOC Charged

CHARLOTTE, N.C. – Professional Building Systems of North Carolina, LLC, of Mt. Gilead, N.C., will pay $118,000to six African American employees who filed charges of racial harassment with the U.S. Equal Employment Opportunity Commission (EEOC), and six more African Americans who were also subjected to racial harassment, the agency announced today.

Additionally, the company agreed to significant non-monetary relief to settle the lawsuit brought by the EEOC.

The EEOC brought the lawsuit against Professional Building Systems after it had identified at least 12 black employees who had been subjected to racial harassment there. According to the EEOC’s complaint, at various times between mid-2005 and 2008, black employees were subjected to racial harassment that involved the creation and display of nooses; references to black employees as “boy” and by the "N-word”; and racially offensive pictures such as a picture that depicted the Ku Klux Klan looking down a well at a black man. In its complaint, the EEOC alleged that the managers of Professional Building Systems not only knew about the harassment and took no action to stop or prevent it, but also that a manager was one of the perpetrators of the harassment.

Racial harassment violates Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court for the Middle District of North Carolina (EEOC v. Professional Building Systems of North Carolina, LLC, Civil Action No. 1:09-cv-00617), after attempting to reach a voluntary settle¬ment with Professional Building Systems. Thereafter, six of the harassment victims intervened in the EEOC’s lawsuit via private counsel.
“Make no mistake: Almost fifty years after the passage of landmark civil rights laws, nooses and racial epithets like the “N-word” are still being used to ridicule and intimidate in the work¬place,” said Acting EEOC Chairman Stuart J. Ishimaru. “The EEOC will forcefully fight this reprehensible and racist conduct wherever we find it, and we’ll insist on securing substantial relief for victims, as we did in this case.”

In addition to monetary damages, the consent decree resolving the case provides for injunctive relief to prevent Professional Building Systems from maintaining a racially hostile work environment or engaging in retaliation under Title VII. The decree also requires the company to post its policy against racial harassment; distribute the policy to employees; provide annual, company-wide training on racial harassment; eliminate all existing nooses or racial epithets, if any, from its facility; and report future verbal or written complaints of racial harassment.

“Nooses are symbols of hate, prejudice, and discrimination, which should not and will not be tolerated in the workplace,” said Lynette A. Barnes, regional attorney of the EEOC’s Charlotte District. “It is especially inexcusable when managers perpetrate racial harassment against their sub¬ordinates or know about racial harassment and fail to address it. EEOC will continue its efforts to eliminate racial harassment in the workplace on behalf of harassment victims.”

Tina Burnside, supervisory trial attorney in the EEOC’s Charlotte District, added, “The EEOC is pleased that the consent decree includes injunctive measures designed to ensure that black employ¬ees are no longer subjected to racial harassment and can work in an environment free of nooses and racial graffiti.”

The EEOC is responsible for enforcing federal laws against employment discrimination. Further information about the EEOC is available on the agency’s website at www.eeoc.gov.