Tampa Company J.A. Croson Pays $1.6 Million to Settle Claims of Racial Harassment and Discrimination

The U.S. Equal Employment Opportunity Commission recently settled a lawsuit against a Sorrento, Florida-based plumbing and HVAC contractor. The EEOC forced the company to pay $1.6 million and provide other equitable relief to settle a race and national origin harassment and retaliation lawsuit on behalf of 17 former Black and Hispanic company employees.

Under the EEOC’s consent decree, in addition to paying out a large sum of money to their former employees, J.A. Croson will be required to:

• Designate an employee relations hotline for employees to submit harassment and retaliation complaints
• Assign an investigator to receive and address harassment and retaliation complaints
• Provide training to its employees on recognizing workplace harassment
• Conduct surveys and audits to ensure race and national origin do not place a role in the delegation of work assignments

Allegations of racial harassment and hostile work environment

In its lawsuit, the EEOC alleged that J.A. Croson subjected a class of Black and Hispanic employees to a work environment where racial slurs were openly used. In addition, there was an open display of the Confederate flag. Black and Hispanic employees would be given degrading and humiliating work assignments based on their race and national origin. The EEOC also asserted that the company retaliated against two former Black employees who were fired as a result of submitting workplace complaints.

Obviously, such conduct violates Title VII of the Civil Rights Act of 1964, which prohibits racial harassment in the workplace and requires employers to take prompt action when a complaint is received.

Hostile work environment lawsuits

 The aforementioned situation is a prime example of a hostile work environment. In this case, Black and Hispanic employees were subjected to degrading and threatening language, given degrading assignments, and called racial slurs. The EEOC filed suit on behalf of the employees and recovered a large settlement from the company for failing to abide by federal law.

Under the law, the company has an obligation to respond to complaints related to racial harassment in the workplace. When they don’t, they can be sued either by the EEOC or a private attorney who will file a case on behalf of a plaintiff.

In order to prove that a hostile work environment exists, you must establish that the workplace in which the conduct occurred created a discriminatory environment that a reasonable person would find so abusive or intimidating that it impacts their ability to do their work. To determine if a workplace is hostile, ask yourself:

• Were you discriminated against based on a protected characteristic (gender, race, age, religion, disability, nation of origin, sexual orientation, pregnancy status, sexual orientation, gender nonconformity)
• Is the behavior ongoing or pervasive?
• Have you lost your motivation or ability to complete your assigned work as a result of the hostile work environment?
• Has your employer failed to investigate complaints related to discrimination or harassment? Did your employer intervene on your behalf?

Talk to a Tampa, FL Employee Rights Attorney Today 

Have you been subjected to workplace discrimination? If so, contact the Tampa employment attorneys at Florin Gray today to schedule an appointment, and learn more about how we can help.

Source:

eeoc.gov/newsroom/ja-croson-pays-16-million-settle-eeoc-racial-harassment-and-retaliation-lawsuit