Asphalt Company in Florida Will Pay $1.25 Million for Race Discrimination

On August 28th, 2024, the Equal Employment Opportunity Commission (EEOC) reported that Asphalt Paving Systems, Inc. (APS)—a contractor with offices in several states, including Florida—has agreed to settle a racial discrimination lawsuit for approximately $1.25 million. Notably, the discriminatory conduct occurred at the company’s Tampa Bay location.

Black Employees Were Subject to Degrading, Humiliating Conditions

 According to allegations raised in the lawsuit filed by the EEOC, 12 Black (now-former) employees at Asphalt Paving Systems, Inc. (APS) in Tampa, FL were subject to race-based discrimination in the workplace. They were reportedly subject to worse working conditions and a hostile work environment (harassment) due to their race. Along with other things, the EEOC complaint filed in a federal court in Florida raised the following specific allegations:

• Black employees were required to work in pouring rain, while white co-workers watched;
• Black employees were denied access to a restroom, while white co-workers had access; and
• Black employees were called racial slurs—including the “n-word” and “monkey.”

Notably, the EEOC emphasizes that Black employees were subject to physically threatening conduct. In one especially alarming case, a supervisor reportedly reached for a firearm in an argument with an employee. The EEOC states that leadership at the paving company was aware of the allegations but took no action to address racial discrimination.

 EEOC Settlement: $1.25 Million in Compensation and Revised Workplace Practices 

After settlement negotiations, the EEOC reached an agreement with the Florida employer. As part of the agreement, APS will pay a total $1.25 million to the 12 affected employees. Beyond that, the EEOC has entered a three-year decree with the Florida employer. The company has agreed to provide specialized training on racial discrimination. Further, the business will appoint an outside, independent party to monitor any complaints. The EEOC emphasizes that it will continue to take enforcement action to address racial discrimination in the workplace.

An Overview of Federal and State Race Discrimination Laws

 There are federal laws and state laws in place to address the issue of racial discrimination. The laws which apply to some (but not all) employers based on their number of employees are designed to protect workers and job applicants from unfair treatment based on race. At the federal level, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. This applies to all aspects of employment—from hiring to termination. In our state, the Florida Civil Rights Act reinforces these protections and extends them to other areas such as housing and public accommodations. Notably, both federal law and Florida law applies to businesses and organizations with 15 or more employees.

In addition,  federal statute 1981 applies to all employers and it limited to race discrimination and retaliation claims.

Get Help From Our Florida Race Discrimination Attorney Today 

Racial discrimination in the workplace is not acceptable. An employer engaged in discriminatory practices can face serious legal liability. If you have any questions about a race discrimination claim, please do not hesitate to reach out to an experienced Florida employment attorney for help.