Elmer W. Davis, Inc., the largest commercial
roofing contractor in New York State and one of the top 40 largest
commercial roofing contractors in the United States, will pay $1
million to African-American employees to settle a race discrimination
lawsuit brought by the U. S. Equal Employment Opportunity Commission
(EEOC), the federal agency announced today. This is the largest EEOC
settlement ever in Rochester.
The EEOC’s lawsuit (Civil Action No. 07-CV-06434), filed in U.S.
District Court for the Western District of New York in Rochester in
2007, charged that black employees at Elmer Davis were subjected to a
pattern of race discrimination, including harassment, unfair work
assignments, failure to be promoted, and retaliation for complaining
about discrimination from at least 1993 through the present.
According to dozens of African-American employees, they were
constantly subjected to racial slurs by their white foremen. Blacks
were routinely referred to as “n----r,” “lazy n-----rs,” “sambo,”
“slave,” and “monkey.” Foremen also frequently made comments like, “All
n----rs should get on a boat and go back to Africa.” They were also
exposed to nooses and racially offensive graffiti like “dirty n----r,”
“KKK” and swastikas written on the walls of the portable toilets at
work sites.
The lawsuit also charged the roofing company with subjecting
African-American employees to disparate treatment in job assignments,
claiming that it generally reserved the most difficult, dirty and less
desirable jobs for black workers, including “tear off” and “hot tar”
jobs, often referred to as the “bull work,” while whites were assigned
to detail work and service trucks to conduct repairs.
African-American employees were routinely laid off first at the end
of the roofing season and called back last in the beginning of the
following season, while whites were laid off later and called back
earlier.
The EEOC further charged that the company systematically excluded
black employees from promotion opportunities, which it accomplished by
using a subjective system of promotions without job announcements or an
application process, and actively discouraging black employees from
seeking promotions.
The EEOC alleged that Elmer Davis’s conduct violated Title VII of
the Civil Rights Act of 1964, which prohibits discrimination based on
race, color, religion, sex or national origin. The case was
investigated by the Buffalo Local Office of the EEOC before it
proceeded to court.
Elmer Davis will be bound by a five-year consent decree which, in
addition to the $1 Million monetary relief for the victims of
discrimination, enjoins the company from engaging in further race
discrimination or retaliation. The decree requires Elmer Davis to hire
an EEO Coordinator to provide training, monitor race discrimination
complaints, and report to the EEOC on hiring, layoff and promotion. The
decree has been submitted to U. S. District Court Judge Siragusa for
approval.