labor lawAdivision of labor law center

According to a suit filed by the EEOC, a Colorado Springs employer was an equal opportunity bigot. Professional Transit Management, doing business as Springs Transit, maintained a racially hostile workforce for employees of African American, Hispanic and Asian heritage. The company was ordered to pay $450,000 to be divided between 6 employees.

The EEOC claims that employees and supervisors routinely used ethnic slurs for African American, Asian and Hispanic employees. On one occasion, a worker commented that it should be legal to shoot men, women and children who are Mexican, African American or Chinese. The employee added, “If I had my way I’d gas them [referring to Black employees] like Hitler did the Jews.” According to papers filed in court, the management was aware of the abusive behavior and did nothing to stop it.

Other threats against minorities included references to “shooting” them, “killing” them and “gassing” them. Many of these remarks were made in front of supervisors who did nothing to stop them. This provoked the court to determine that the company was aware of the hostile environment, and did nothing to remedy the situation.

 “Race discrimination at work has been illegal in this country for over 40 years,” said EEOC District Director Chester Bailey. Bailey’s Phoenix District includes Colorado.  “Employees should know that they can file charges with the EEOC because of job discrimination.”

In addition to paying $450,000, Springs Transit is required to implement an equal employment opportunity training program for non-supervisory employees. The company must also implement an additional program for supervisors and for those in human resources at the firm. These steps will ensure that every employee in the company receives training.

Nancy A. Weeks, a trial attorney in the EEOC’s Denver Field Office, which brought the suit, said, “The egregiousness of the threats and racial and national origin harassment in this case is stunning. We are pleased that the minority employees at Springs Transit have been compensated in some way for the terrible treatment they endured.”

EEOC Attorney Mary Jo O’Neill, added: “The EEOC takes seriously its obligation to ensure that every employee works in an environment free of harassment and racially-based threats. We are pleased that Springs Transit will be implementing a training program for all of its employees to make sure that this type of hostile environment will not occur in the future.”

While many employers consider discrimination based on race a thing of the past, it is still prevalent in some workplaces. In 2006, the EEOC received 27,238 complaints alleging race-based discrimination, accounting for 36 percent of the agency’s complaints in the private sector.  Historically, race-based charges are the most frequent type of filing with EEOC offices nationwide.

Earlier this year, Quietflex Manufacturing Company, L.P. recently paid $2.8 million for discriminating against Hispanic employees. The lawsuit alleges that 78 Latino employees were discriminated against in the company’s transfer policies, and in pay.

Quietflex produces flexible air conditioning ducts and components. The company has repeatedly denied all wrongdoing in the case.

According to the suit, Hispanic employees at the company were denied higher-paying jobs in departments with better working conditions. After a work stoppage to protest the discrimination, the EEOC alleges that Quietflex illegally retaliated against the employees by terminating them. All the employees were rehired shortly afterward.

Under Title VII of the Civil Rights Act of 1964, it is illegal to deny any person employment due to race, color, sex, religion or national origin. That includes providing a work environment free from illegal harassment and different treatment based on race. In addition, Title VII recognizes that a company that creates an intolerable environment essentially forces the employee to resign. The law also makes it illegal to retaliate against someone because he or she has made a complaint of illegal discrimination.

All of the companies mentioned in this article deny any wrongdoing.

 

 

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