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FOR IMMEDIATE RELEASE
June 28, 2018
EEOC SUES AMI MECHANICAL FOR
COLOR AND NATIONAL ORIGIN DISCRIMINATION
Contractor Assigned Hispanic Employees to Work in More
Dangerous Spaces Than
Non-Hispanics, Federal Agency Charges
DENVER –
Thornton-based AMI Mechanical, Inc. violated federal law by color and national
origin discrimination, retaliation and records destruction, the U.S. Equal
Employment Opportunity Commission (EEOC) charged in a lawsuit it filed on June
26, 2018.
According to
the EEOC’s lawsuit, the plumbing and mechanical contractor, employed both
Hispanic and white employees at the Yorkshire Apartments project in Thornton,
Colo. AMI assigned non-white Hispanic employees to work in a confined space containing
human waste and dangerous gas levels at a rate of nearly 4:1 compared to white
non-Hispanic employees.
When one of
the employees, Joseph Muniz, complained about the conditions and discrimination,
his supervisor, Earl Jones, stated he would fire the Hispanic employees and
“hire a bunch more . . . Mexicans” to replace them. AMI also stated in Muniz’s
termination form that he had “caused a lot of problems” on the project, was
permanently dismissed, and would not be recommended to other employers. AMI
further destroyed, or failed to preserve, daily work reports for the Yorkshire
Apartment Project that are relevant to the question of whether discrimination
occurred there.
Such alleged
conduct violates the Title VII of the Civil Rights Act of 1964, which prohibits
discrimination in employment because of national origin and color and
retaliation against employees who oppose discrimination. Title VII also
requires employers to maintain records relevant to whether unlawful employment
practices have been committed. The EEOC filed suit in U.S. District Court of
Colorado (EEOC v. AMI Mechanical, Inc., Case No. 1:18-cv-01609-MEH) after first
attempting to reach a pre-litigation settlement through its conciliation
process. The agency seeks back pay, compensatory and punitive damages, along with
injunctive relief to prevent and address any future discrimination.
“Treating
employees differently in job assignments because of their color or national
origin violates Title VII, and we will continue to enforce our federal
anti-discrimination laws,” said Elizabeth Cadle, district director for the
EEOC's Phoenix District, which includes Denver in its jurisdiction
Mary Jo
O’Neill, regional attorney for the EEOC’s Phoenix District, said, “Retaliating
against an employee because he complained about national origin discrimination
is another violation of federal law. Retaliation charges make up almost 50
percent of all of the discrimination complaints the EEOC receives, showing that
it continues to be a major national problem that we will continue to combat.”
The EEOC advances opportunity in the
workplace by enforcing federal laws prohibiting employment discrimination. More
information is available at www.eeoc.gov. Stay
connected with the latest EEOC news by subscribing to our email updates.
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