42 USC 1981 Category Archives — Sexual Harassment Lawyer Blawg Published by New York Sexual Harassment Attorneys

Precision Planting Management committed shocking racial harassment of Black employee for years, says EEOC Charge

January 14, 2025 | by Friedman & Houlding LLP

An EEOC Charge filed by an African American employee (the following is taken from the EEOC Charge) alleges that Precision Planting (“Precision”), a subsidiary of AGCO, has allowed racial harassment to continue despite repeated notice. For example, at a meeting managers joked about hanging and burning Black people and raping their women. Human Resources admitted it was aware of this incident and many others. HR told him he was an “emotional genius” for handling the abuse without having a crackup, but still failed to stop it.

When the Employee first began working at Precision towards the end of 2020, he immediately demonstrated his ability and willingness to work hard and achieve excellent results. Instead of congratulating the employee on his exemplary work, the employee’s coworkers and supervisors, resentful of having an African American employee do such good work, began making offensive racial jokes and comments daily. These comments included referring to him as “slave”, making so-called “slave jokes” because of how hard he worked, asking “why do black people work so hard?”, commenting “you must be from the south,” and when he explained he was from Arkansas, responding “that makes sense, you have a slave mentality, can you find other people like you?” meaning someone who “worked like a slave”.

Despite the Employee’s repeated complaints to management, Precision continued to allow and foster the racist environment through the years. The “slave” remarks and comments mocking his work ethic continued regularly. One coworker made numerous offensive comments such as “what’s 50 white guys chasing one black guy called? It’s called a PGA tour,” “Why do black people look like monkeys?”, “why do black people like watermelon and chicken?” and after a shooting in Morton, “I know it was one of you black people from Peoria.” His supervisor told him, “they’re just jealous, that’s why they make those comments.” He did not respond when the Employee asked why he did not do something to stop them. The remarks continued, unabated, on a daily basis. Nevertheless, the employee continued to excel in his job.

Marty Cook of Patriot Contractors Posted Offensive Racial Material on his Facebook page

January 13, 2025 | by Friedman & Houlding LLP

Martin “Marty” Cook, is and was the Managing Member of Patriot Contractors, during the time two of its employees allege in their EEOC Charges (the following allegations are taken from their Charges), that they were subjected to racial harassment, anti-gay harassment, and retaliation.

Cook should lead by example. Yet even after the two employees filed EEOC Charges describing the racist abuse, Marty Cook, of Patriot Contractors, displayed a racially offensive video on his public Facebook page, as of the date of this blog. The video “jokes” about Black people all looking alike and Black people’s skin looking “ashy”, and presents African-Americans in a negative way.

White Supremacist, Nazi and KKK threats against Black employee of Pipeline Plastics, alleges EEOC Charge

December 5, 2024 | by Friedman & Houlding LLP

According to a Charge of Discrimination filed with the EEOC against Pipeline Plastics, our client (“the victim”) was the only African American employee at Pipeline Plastics working in the yard on his shift. Pipeline employs very few African Americans. On July 23, 2024, the victim arrived at work at Pipeline Plastics in Levelland, TX to find KKK and white supremacist graffiti in his forklift:

According to the EEOC Charge, when he reported it to the Plant Manager (“the PM”), he said “yeah I saw that and I knew it was going to make you feel some type of way.” The PM could have wiped it off before the victim arrived so he would not have had to endure it, but chose not to do that. According to a sworn statement by an eye witness, the PM told the victim to “wipe it off” himself. The witness testified that after this incident, Pipeline failed to take any action to prevent threats against its African American employees. The Charge alleges the PM just told the victim, “don’t worry about it.”

Pipeline should have held an all-hands meeting informing employees that racial harassment would not be tolerated. The Charge states that Pipeline never did, and that Pipeline should have taken other steps to find the culprit and prevent further racially threatening harassment.

EEOC Charges: Patriot Contracting in Reno, Nevada Retaliates Against a Victim of Sexual Orientation Harassment–and the Cancer Patient Who Stood Up for his Co-Workers

May 16, 2024 | by Friedman & Houlding LLP

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.

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, 3:21-cv-00698-JWD-RLB

February 9, 2023 | by Friedman & Houlding LLP

Friedman & Houlding LLP represents Weldon Moore an African American truck driver who worked at EXCEL USA in Baton Rouge, Louisiana. Moore claims, among other things, that he was subjected to a retaliatory termination for filing the racial discrimination claims against EXCEL in federal court. Vice President of Operations over the Lake Charles division of EXCEL, Shaun Dunn, admitted in sworn testimony that days after EXCEL was served with the Summons and Complaint filed in court, he called Mr. Moore and advised, “don’t return to work until you hear back.”

Mr. Moore did not hear back from EXCEL for a full month, and did so only after he filed an Amended Complaint in Court alleging retaliatory termination. Upon filing the Amended Complaint, Mr. Moore received a text message from Dunn stating that Mr. Moore would be suspended for three weeks. Dunn testified that he alone made the decision to suspend Mr. Moore for three weeks, and that the “main” cause for suspension was Mr. Moore’s use of Louisiana Pigment’s equipment without prior authorization, a claim that is not supported in the record. Indeed, Dunn admits that no one from Louisiana Pigment complained about or commenced investigation into Mr. Moore’s use of Louisiana Pigment’s equipment. Dunn testified that the reason for allowing a month to pass before notifying Mr. Moore of the suspension was that he sought Louisiana Pigment’s approval for Mr. Moore to return to the job site and spoke with Louisiana Pigment manager Chris Jennings for such approval. However, Chris Jennings testified that no such conversation took place. Former EXCEL Safety Manager Doug Stephson testified that he had never heard of an EXCEL employee being suspended—let alone, suspended for three weeks—for unauthorized use of Louisiana Pigment equipment.

The testimony to date points to EXCEL’s pretext for its termination of Mr. Moore in retaliation for Mr. Moore’s protected activity of filing claims of racial discrimination against EXCEL. Deposition testimony from several witnesses, both former employees of EXCEL and other non-EXCEL employed witnesses corroborate Mr. Moore’s claims of regularly recurring racial harassment by Mr. Moore’s former supervisor at the Louisiana Pigment facility in Lake Charles, Jeff Addison. Addison resigned from EXCEL after Mr. Moore made several complaints to management and Human Resources concerning his racial harassment, but was never the subject of an investigation by EXCEL. Addison himself admitted in sworn testimony that the term “Black mother****er”—a term Mr. Moore was regularly subjected to while employed at EXCEL—was in use at the EXCEL project site at Louisiana Pigment, as were racist jokes. Witnesses testified that Addison regularly referred to Mr. Moore as “Black mother****er” at the job site.