Oldcastle SW Group, Inc., doing business as United
Companies of Mesa County, has agreed to pay $498,000 and furnish other
relief to settle a sex discrimination and retaliation lawsuit filed by
the U.S. Equal Employment Opportunity Commission (EEOC), the agency
announced today.
According to the EEOC’s lawsuit, the woman who complained was hired
in 1998 by Delta Sand and Gravel of Grand Junction and Montrose, Colo.
(now part of Old Castle SW Group, doing business as United Companies of
Mesa County). She drove a truck, batched concrete, dispatched trucks
and acted as plant manager before she was assigned to work as a quality
control technician, where she remained until she was fired.
The EEOC charges in its suit that through much of her employment,
the woman who eventually complained (and who has asked not to be
publicly identified) was in what was widely considered to be a “man’s
job.” After she started working in quality control, the sex-based bias
against her became overt, culminating in sex-related name-calling and
active interference with her ability to perform her job. Managers and
co-workers alike were overheard making crude gender-based insults, and
expressing in clear terms that women should not be working in the plant.
The EEOC also said that several male co-workers saw and overheard
the harassment and degrading treatment and offered to support the woman
if she wanted to complain. She then did complain to management, and
identified the men who offered to support her. The men confirmed her
allegations, the EEOC said. After a plant-wide meeting was held to
discuss the complaints, these men also expressed fear to the managers
that they would be retaliated against because they supported their
female co-worker.
According to the EEOC’s complaint (EEOC v. Old Castle SW Group, doing business as United Companies of Mesa County,
Civ. No. 08-cv-01385-RPM, U.S. District Court for the District of
Colorado), the employees’ concern about retaliation was well-founded.
The department manager called the men “crybaby motherf-----s” and
“troublemakers,” and told them they had better “shut the f..k up.” Over
the next seven months, the company terminated the woman and two of the
men who supported her.
Sex discrimination and retaliation for complaining about it violate
Title VII of the Civil Rights Act of 1964. The EEOC filed suit after
first attempting to reach a pre-litigation settlement.
In addition to the monetary relief to the employees, the three-year
decree settling the suit enjoins United Companies of Mesa County from
engaging in harassment on the basis of sex and from retaliating against
employees who complain about it. The employer agreed to train its
current and future managers and employees on anti-discrimination laws
and to post notices stating its commitment to maintaining an
environment free of sexual harassment and retaliation.
“Employers have a responsibility to maintain an environment free of
sex discrimination and retaliation,” said EEOC Regional Attorney Mary
Jo O’Neill. “Here, the managers themselves committed both those
offenses. This settlement achieves the EEOC’s objectives by providing
important training to the managers and all employees to prevent this
kind of misconduct in the future, and brings appropriate relief to the
three victims of discrimination and retaliation.”
Rayford Irvin, Acting District Director of the EEOC’s Phoenix
District (which includes Colorado) said, “When employees are retaliated
against for voicing complaints about discrimination, that particularly
undermines the purpose of the anti-discrimination laws because it
chills other employees from standing up for their rights. We have seen
a dramatic increase in retaliation charges in recent years, and the
EEOC will continue to combat that form of misconduct.”
Retaliation charges filed with EEOC offices nationwide have trended
upward since the early 1990s, from approximately 12,000 in FY 1992 to a
record high of 33,613 in FY 2009.