The U.S. Equal Employment Opportunity
Commission announced that it has settled a national origin
discrimination and retaliation lawsuit against Cannon & Wendt
Electric Co., Inc., one of the oldest and largest electrical
contractors operating in Phoenix, Ariz., for $100,000 for Victor Cortez
and a comprehensive consent decree, signed by Federal Judge Earl H.
Carroll.
The lawsuit was filed in U.S. District Court for the District of
Arizona in Phoenix, accusing Cannon & Wendt Electric Co., Inc. of
discriminating against Victor Cortez when it subjected him to racist
statements and then retaliated against him by terminating him after he
complained about the unlawful discrimination.
According to the EEOC’s suit, EEOC v. Cannon & Wendt Electric, Co., Inc.,
CV-07-1710 PHX/EHC, employee Victor Cortez was unlawfully harassed
because of his national origin by his immediate supervisor, Mark Ghose.
The harassment included comments by Ghose, such as “I hate all
Mexicans,” “they are worthless,” and “I hate Mexican music.” It was
also alleged that Ghose openly stated his belief that Cortez was
“useless” and he wanted to “get rid of him.” The EEOC also alleged that
when Cortez complained to Cannon & Wendt’s then owner, Albert
Wendt, Wendt failed to take any action except to ask “so, what do you
want me to do about it?” The national origin harassment continued after
Cortez’s complaints. Soon after he complained about the unlawful
discrimination, Cannon & Wendt fired Cortez.
The EEOC obtained $100,000 for Cortez as damages for lost wages and
benefits as well as compensation for the emotional distress. By
entering into the consent decree, Cannon & Wendt agreed also to
give Cortez an apology; subject Ghose to certain training; an
injunction against national origin harassment and retaliation;
reporting to the EEOC; the posting and distribution of a notice; change
its anti-discrimination policies; and conduct extensive training for
its supervisory and managerial workforce over the next three years.