|
Contact:
Mary Jo O’Neill, Regional Attorney, (602) 640-5044
Loretta Medina, Supervisory Trial Attorney, (505) 738-6732
Jeff Lee, Trial Attorney, (505) 738-6723
newsroom@eeoc.gov
FOR IMMEDIATE RELEASE
ATLAS ELECTRICAL TO PAY $195,000 TO SETTLE EEOC SEX-BASED HARASSMENT AND RETALIATION SUIT
Electrical Contracting Company Sexually Harassed Male Employees, Then Fired Employee in Retaliation to Filing a Discrimination Charge
ALBUQUERQUE – Atlas Electrical Construction Inc., (Atlas), a New Mexico electrical contracting company, will pay $195,000 and furnish other relief to settle a sex-based harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.
According to the EEOC’s lawsuit, several male workers said an Atlas’ supervisor encouraged inappropriate sexual comments and unlawful behavior as part of his management style, which included his own sexual harassment of the male employees he supervised. The alleged harassment included egregious sexual name calling, sexual comments, innuendos, and at least one incident of touching a male employee’s genitals. Though several Atlas employees complained internally about their supervisor’s abusive behavior, nothing was done to prevent or remedy the conduct. One male former employee notified Atlas he planned on filing an EEOC charge because he believed nothing was being done. Atlas then fired him in retaliation for planning to file a charge with the EEOC.
Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on sex, as well as retaliation for complaining about illegal discrimination or filing a charge. The EEOC filed suit, EEOC v. Atlas Electrical Construction, Inc, Civil Action No., 1:18-cv-00903-KG -LF in U.S. District Court for the District of New Mexico after first attempting to reach a settlement through its voluntary pre-litigation conciliation process.
The consent decree entered on April 26, 2019, prohibits Atlas from engaging in future violations of Title VII, including sexual harassment and retaliating for opposing unlawful employment practices. Monetary relief in the form of back wages and compensatory damages will be provided to seven men the EEOC identified as having experienced sexual harassment and/or retaliation while employed by Atlas. The decree also requires Atlas to fire the harassing supervisor and to institute policies and procedures to address sex harassment and retaliation. The terms of the decree, Atlas is also required to train all employees, supervisors and human resource employees regarding the prevention of sex discrimination and retaliation.
“Federal law prohibits employers from allowing sexual harassment of any employee, both women and men. By allowing one of its supervisors to adopt a management style incorporating sexual jokes or sexual conduct and encouraging harassment of male workers who did not want to participate, Atlas could only expect a charge would be made,” said EEOC Phoenix District Office Regional Attorney Mary Jo O’Neill. “The days of construction work sites being filled with sexual harassment because management adopts a ‘boys-will-be-boys’ excuse for harassment are over.”
Elizabeth Cadle, district director of the EEOC’s Phoenix District Office, said, “Employers should take preventive steps to stop any sexual harassment in the workplace and not delay action until complaints are made. Once a complaint has been made, employers must ensure employees are protected from retaliation when they oppose harassment in the workplace. The EEOC’s data reveals that retaliation is the most frequently alleged basis in charges filed with the EEOC”
The EEOC’s Phoenix District Office has jurisdiction for Arizona, Colorado, Utah, Wyoming and part of New Mexico (including Albuquerque).
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.
###
For questions on this press release contact patricia.mcmahon@eeoc.gov
Follow the Denver Office on Twitter @EEOC_Denver
|
