A Plymouth Meeting, Pa., utility contractor which
specializes in the telephone, gas, electrical and water industries has
agreed to pay $200,000 and furnish significant remedial relief to
settle a federal sex discrimination and retaliation lawsuit filed by
the U.S. Equal Employment Opportunity Commission (EEOC), the agency
announced.
In its lawsuit, filed in July 2008, the EEOC alleged that Danella
Construction Corporation of Pennsylvania, a subsidiary of Danella
Companies, refused to allow Lisa Drozdowski to apply to a laborer
position because of her sex. Drozdowski, of Levittown, Pa., worked as a
flagger for Danella and assisted the crew by also performing laborer
duties. The EEOC charged that despite her good job performance, company
supervisors repeatedly rejected her attempts to apply for a
substantially higher-paying laborer position and even advised her that
female employees cannot be laborers.
The EEOC asserted that other female employees were not hired as
laborers because of their sex while the company hired male applicants
with little or no experience as laborers. The agency also charged that
the company failed to provide portable restroom facilities at some work
sites, which sometimes forced women to urinate outside in public.
According to the lawsuit, after Drozdowski complained about
discriminatory treatment, Danella, in retaliation for her complaint,
drastically reduced her work hours and then stopped assigning her any
work even though the company continued to hire applicants for flagger
positions.
The two-year consent decree settling the case will provide $150,000
in monetary relief to Drozdowski and $50,000 to four other class
members. The consent decree also provides substantial equitable relief,
including enjoining Danella from discriminating based on sex or
retaliation and requiring Danella to make adequate portable toilets
available for all its female employees at its work sites. Danella must
also provide annual training for all managers and supervisors at its
Plymouth Meeting facility regarding employee rights and employer
responsibilities under Title VII, and post a notice regarding the
settlement. Danella did not admit liability in the consent decree,
which is pending judicial approval.