New York Manufacturer Agrees to Settle an EEOC Harassment and Retaliation Lawsuit for $93,000

Porous Materials, a New York manufacturer recently agreed to settle a case brought by the US Equal Employment Opportunity Commission (EEOC). The federal agency’s lawsuit was based on charges or discrimination based on race, sex, and national origin. The lawsuit also included a claim for retaliation.

The EEOC complaint asserted that a former plant manager “used racial slurs, called foreign-born employees ‘terrorists,’ and made crude racist remarks to the only black employee involving a noose. He also said that he was “sick” of immigrants stealing American jobs, mocked emp­loyees for speak­ing other languages, and urged immigrant employees to leave America.”

The lawsuit further charged that the plant manager abused women by calling them vulgar names and saying that they couldn’t do a “man’s Job.” The plant manager also “made unwanted sexual advances and commented on female employees’ bodies.”

Instead of ending the improper conduct, the owner of the company “also treated female employees more harshly than males.”

The EEOC charged that the conduct violated Title VII of the Civil Rights Act of 1964. That law prohibits discrimination (and harassment) based on a person’s race, national origin or sex. That law also prohibits employers from retaliating against employees who complaint about the harassment.

The settlement agreement included additional requirements in addition to the payment of the $93,000. Porous Materials was also required to have discrimination training for the owner, the managers, and the employees. The company was required to hire an outside company to investigate any complaints of discrimination and to change its current policies. The company must also report to the EEOC “about its handling of discrimination complaints.

The agreement will stay in place for four years.

One attorney for the EEOC stated that, “Harassment prevention starts at the top. And just having an anti-harassment policy doesn’t cut it. When owners and executives aren’t committed to a respectful workplace, abuse can often follow.”

The California Law Offices of Stephen A. Danz and Associates represents employees who have been wrongfully discharged, refused a job, or forced to work in harassing conditions. We file claims before the EEOC and in state and federal court. If you’ve been discriminated against or harassed at work, call 877-789-9707 or complete our online contact form. Se habla espanol.