Electrical Company in Phoenix to Pay $100,000 to Settle National Origin Bias Suit

 
Tuesday, April 20, 2010
 

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.

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