Concrete company Bardon, Inc., trading as Aggregate
Industries, Inc., will pay $325,000 and furnish significant remedial
relief to settle a sexual harassment and retaliation discrimination
lawsuit filed by the U.S. Equal Employment Opportunity Commission
(EEOC), the agency announced today. Aggregate, an internationally owned
ready-mix concrete company with operations in the United States and
United Kingdom, has corporate offices in Greenbelt, Md.
In its suit, (Civil Action No. 8:08-cv-1883-RWT) filed in U.S.
District Court for the District of Maryland, the EEOC charged that
Aggregate created and maintained a sexually hostile work environment
for Ora L. Borrell -- the only female quality control technician
employed at the company. The EEOC charged that the incidents of sexual
harassment included repeated public urination in her presence, overt
and explicit sexual comments and requests, touching and grabbing
against her will and other sexually offensive conduct while on the job.
Borrell’s managers were aware of the offensive conduct, having
witnessed some incidents and through her complaints. Borrell was
subsequently fired by the company’s human resources department in
retaliation for opposing these discriminatory practices.
Title VII of the Civil Rights Act of 1964 prohibits sexual
harassment and retaliation for resisting such harassment and
complaining about it. The EEOC filed suit after first attempting to
reach a voluntary settlement.
In addition to the monetary relief to Borrell, which represents back
wages and compensatory damages, the consent decree settling the suit
provides significant remedial relief. Aggregate:
- is enjoined from discriminating on the basis of sex and from
retaliating against any employee who complains about discriminatory
practices made unlawful under Title VII or because of filing a charge,
giving testimony, assistance or participating in any investigation,
proceeding or hearing under Title VII;
- will post a notice to employees at all its facilities concerning
its commitment to maintaining an environment free of sexual harassment
and retaliation for a period of five years;
- will provide mandatory training to all its employees, managers and
supervisors regarding federal EEO laws prohibiting discrimination in
employment with emphasis on sex discrimination, harassment and
retaliation;
- will provide training on its equal employment opportunity policies
and its sexual harassment policy to all newly-hired employees during
orientation; and
- agreed to monitoring by the EEOC with regard to its compliance with
the provisions in the decree settling the lawsuit for five years.
“Sexual harassment continues to be a persistent problem 45 years
after the enactment of Title VII, which prohibits gender discrimination
in employment,” said EEOC Regional Attorney Debra M. Lawrence. “Workers
should not be subjected to this type of conduct or lose their
livelihood when they complain about it.”
According to its web site, www.aggregate-us.com, Aggregate
Industries is a member of the Holcim group of companies and is an
international construction and building materials company in the UK and
the U.S., with operations ranging from the northeast to the southwest,
along with the U.S. corporate office and Shared Services Center in
Rockville, Maryland.