Company in Florida Will Pay $1.6 Million to Settle Racial Harassment Claim
On August 27th, 2024 the Equal Employment Opportunity Commission (EEOC) announced that J.A. Croson—a contractor based in Lake County, Florida—has entered into a settlement agreement for a racial harassment claim. The company will pay approximately $1.6 million to affected employees. African American plumbers and Hispanic plumbers were reportedly subject to a hostile work environment based on racial harassment as well as unlawful retaliation.
Allegation: Black and Hispanic Employees Subject to Hostile Work Environment
An employment law claim was filed against J.A. Croson, a Central Florida-based plumbing and heating, ventilation, and air conditioning (HVAC) contractor. Through the claim brought in the United States District Court for the Middle District of Florida, the EEOC argued that Black and Hispanic employees were subject to a hostile work environment. Seventeen different workers were covered by the lawsuit. The hostile work environment was characterized by frequent use of racial slurs, derogatory language, and the display of a confederate flag.
Allegation: Two Black Employees Terminated for Raising Complaint
Beyond the hostile work environment, the EEOC also alleged that two Black employees were unlawfully retaliated against for raising a complaint. Indeed, the two employees in question were terminated after they raised a complaint about the hostile nature of their work environment.
Settlement: $1.6 Million in Compensation, Revision of Workplace Practices
After an initial unsuccessful round of pre-litigation negotiations, the SEC reached an agreement with the employer. To settle the lawsuit, J.A. Croson agreed to pay $1.6 million to the affected class members (17 Black and Hispanic current and former employees). Beyond that, the company will implement several corrective measures, including:
- The creation of an employee relations hotline;
- The assignment of a dedicated investigator for harassment and retaliation complaints; and
- Regular training of staff members and audits to prevent future discrimination.
Racial Harassment May Be an Unlawful Hostile Workplace Environment
Racial harassment may be discrimination. If racial harassment creates a hostile work environment, affected employees may have a claim under federal law or Florida law. Workplace harassment is unlawful when it is so frequent or severe that it disrupts an employee’s ability to perform their job duties or when it otherwise creates an intimidating, hostile, or offensive work atmosphere. Some potential examples of racial harassment that could be a hostile work environment include:
- The use of racial slurs;
- Derogatory racial comments:
- Exclusionary practices; and
- Visual displays of racist symbols.
Title VII of the Civil Rights Act and Florida law requires covered employers to maintain a workplace free from discrimination and are required to take immediate and appropriate action when they become aware of harassment. Along with other things, this includes conducting thorough investigations and implementing effective remedies to stop and prevent future harassment.
Get Help From an Employment Lawyer in Florida
Racial harassment cases are complicated. If you have any specific questions or concerns about a racial harassment claim, professional guidance and support is available. Contact our Florida employment lawyer for a confidential, no obligation initial consultation.
