J.A. Croson Pays $1.6 Million to Settle Allegations of Racial Harassment and Discrimination

The U.S. Equal Employment Opportunity Commission recently filed a lawsuit against a Florida-based plumbing and HVAC contractor over allegations of racial harassment and retaliation. The lawsuit was filed on behalf of 17 former Black and Hispanic J.A. Croson employees, according to the EEOC.

In its lawsuit, the EEOC alleged that J.A. Croson subjected a class of Black and Hispanic employees to a work environment in which the open use of racial slurs and derogatory language predominated. According to the lawsuit, the company openly displayed the Confederate flag and gave humiliating or degrading assignments to minority workers. The EEOC also asserted that two Black employees were fired for making workplace environment complaints.

Such conduct would be in direct violation of Title VII of the Civil Rights Act of 1964. Title VII prohibits racial harassment and retaliation in the workplace. It also requires employers to take aggressive action against complaints of workplace discrimination or harassment.

The consent decree 

Under the three-year consent decree, J.A. Croson will be required to:

• Pay the class of employees $1.6 million to compensate the class members
• 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 work environment surveys and audits to ensure race and national origin do not play a role in the delegation of work assignments

Racism in the construction industry 

In 2022, the EEOC put out a press release directly addressing racism and racist conduct in the workplace of construction companies. The last two articles we published discussed Black employees being subjected to degrading assignments, racial slurs, and intimidating conduct. The problem remains a pervasive element of the industry and efforts to curb or stop racial harassment in the workplace often occur well after the damage is already done.

“The construction sector has always been an important component of the American economy, as a major employer of America’s workers, a pathway to prosperity and security, and a key indicator of the nation’s health,” said EEOC Chair Charlotte A. Burrows. “Unfortunately, many women and people of color have either been shut out of construction jobs or face discrimination that limits their ability to thrive in these careers.”

Chair Burrows pointed out further that “Discrimination and harassment in construction can be especially harsh and virulent, including displays of nooses; threats and physical harassment; and sometimes physical or sexual assaults. Yet, often workers do not know where to go to seek help. Today’s hearing shed light on innovative promising practices to address discrimination and increase diversity in this crucial industry.”

Talk to an Employment Discrimination Attorney Today 

Forsythe Law Firm, LLC represents the interests of employees who have suffered from discrimination in the workplace. Have you been passed up for promotion or subjected to slurs? If so, you may have a case. Call our Atlanta employment lawyers today to schedule an appointment and we can begin investigating your allegations right away.

Sources:

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

eeoc.gov/newsroom/eeoc-shines-spotlight-discrimination-and-opportunities-construction