The U.S. Equal Employment Opportunity Commission (EEOC) has taken legal action against a construction services company, alleging egregious discrimination based on sex, race, and age, along with a case of constructive discharge. The lawsuit contends that a construction staffing company headquartered in Minnesota, engaged in discriminatory hiring practices and forced an employee to resign after she refused to comply with these practices.
Employee Resigned After Refusing To Comply With Discriminatory Hiring Practices
The lawsuit stems from an incident involving a recruiter employed by the construction services company in July 2018. The recruiter, after interactions with the construction services’ employees, was informed that the company allegedly did not hire women for construction roles, Black individuals in certain positions, or individuals over 40 years old, purportedly due to client preferences. The construction services company’s president reportedly confirmed these discriminatory practices during a conversation with the recruiter.
Upon realizing that she would be compelled to engage in unlawful conduct, the recruiter chose to resign from her position at the construction services company. The EEOC’s lawsuit alleges that the construction services company failed to recruit, hire, or refer individuals based on their sex, race, and age, violating Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex or race, and the Age Discrimination in Employment Act (ADEA), which protects workers over 40 from age-based discrimination.
What Happened Next
The EEOC has taken legal action in the U.S. District Court for the District of Minnesota seeking back pay, compensatory, punitive, and liquidated damages, along with injunctive relief to rectify the situation.
Gregory Gochanour, regional attorney for the EEOC, emphasized the violation of federal anti-discrimination laws, pointing out that employers cannot justify discriminatory actions based on client preferences. He reiterated the EEOC’s commitment to enforcing laws that ensure fair hiring decisions and job assignments without bias.
Diane Smason, Acting District Director, underscored the misconception some employers have about subcontracting discrimination, emphasizing that such practices are illegal.
Business owners, particularly those in small and midsize enterprises, must adhere to employment laws, ensuring fair and non-discriminatory practices in hiring and employment decisions. Understanding and complying with these laws is critical to avoiding severe penalties and fostering an inclusive workplace culture.
Conclusion
The lawsuit against the construction services company serves as a stark reminder for businesses to adhere to anti-discrimination laws. Small and midsize business owners should prioritize fair and unbiased hiring practices, ensuring a workplace free from discrimination based on sex, race, or age. Compliance with employment laws not only avoids legal repercussions but also fosters a more inclusive and respectful work environment for all employees.