EEOC sues construction company, alleging it condoned 'anti-American' abuse against US workers
The EEOC filed a lawsuit Tuesday against Advanced Technology Group, Inc., alleging the company allowed Mexican colleagues at a Rio Rancho, New Mexico worksite to subject two American workers to 'anti-American' slurs, theft of tools, and mockery of their limited Spanish proficiency, constituting national origin discrimination in violation of Title VII of the Civil Rights Act of 1964. One worker was fired the day after escalating a complaint, with the company citing safety violations as the reason, but documents show the reason as 'argument.' EEOC Chair Andrea Lucas emphasized protecting all workers from anti-American bias.
Core Summary
- The U.S. Equal Employment Opportunity Commission (EEOC) sued a building services company on Tuesday, alleging it allowed harassment of American workers at a Rio Rancho, New Mexico job site and fired at least one worker after he complained, according to an EEOC press release.
- Oregon-based Advanced Technology Group, Inc. (ATG) allegedly allowed two employees to be subjected to "anti-American" slurs from coworkers of Mexican descent. The EEOC said these coworkers also stole one American worker's tools and mocked his lack of fluency in Spanish.
- The EEOC said the conduct constituted national origin discrimination, violating Title VII of the Civil Rights Act of 1964. ATG did not immediately respond to a request for comment.
Deep Dive
Under EEOC Chair Andrea Lucas, the agency has focused on "reverse bias" claims against majority-group workers, including white men, and national origin discrimination cases against American workers.
"Discrimination against American workers is unethical," Lucas said in the press release. "The EEOC is here to protect all workers from anti-American bias. No justification can excuse unlawful national origin discrimination, and we will vigorously enforce federal law to restore dignity to American workers."
According to the EEOC, the worker whose tools were stolen complained multiple times to his direct supervisor, who took no action to stop the harassment. After he complained to another supervisor, he was fired the next day by his direct supervisor for going over his head.
In a position statement submitted to the EEOC, ATG said the worker was fired for nearly falling asleep while supporting a 100-pound beam. The company had a written record of the incident, but it was not signed by the worker; the worker denied falling asleep or any safety violation, the EEOC said.
According to the lawsuit, the worker's termination paperwork listed the reasons as "other" and "arguing with the team and nearly causing a fight," with no mention of a safety violation.
"Employers have a legal obligation to prevent and stop all national origin harassment, including harassment against American workers. Employers must investigate any national origin harassment complaint and take prompt action to stop it," Mary Jo O'Neill, regional attorney for the EEOC's Phoenix District Office, said in the press release.
According to the lawsuit, many workers at the New Mexico site were of Mexican descent and mostly spoke Spanish. Although ATG claimed it provided translators for English-speaking workers, employees told the EEOC that "instructions were rarely translated, and English-speaking workers often could not understand work discussions or were excluded."
The workers involved are Hispanic Americans, born in the U.S., whose families have lived in the country for generations. The EEOC said that after one was temporarily promoted, coworkers subjected him to derogatory names nearly every day, according to allegations in court documents.
In the lawsuit, the EEOC said the conduct created a hostile work environment for American workers. The agency and ATG were unable to reach a settlement through the mediation process.