CEISEL MASONRY TO PAY $500,000 FOR HARASSMENT OF HISPANIC WORKERS

EEOC Settles National Origin and Race Bias Class Suit on Eve of Trial

CHICAGO – Ceisel Masonry will pay half a  million dollars to settle a race and national origin discrimina­tion lawsuit brought  by the U.S. Equal Employment Opportunity Commis­sion (EEOC), the agency  announced today. The EEOC’s suit charged  that the north suburban construction company violated federal  anti-discrimination laws by subjecting its Hispanic workers to harassment based  upon their race and national origin.

The EEOC brought its suit on  behalf of a class of 10 Hispanic workers, charging that Ceisel’s foremen and former  superintendent would refer to the company’s Latino employees with derogatory  terms such as “f---ing Mexicans,” “pork chop,” “Julio,” “spics,” “chico” and  “wetback.” In addition, the EEOC and the  former employees alleged that Hispanic workers were routinely exposed to racist  graffiti, which the company never addressed.  The case was scheduled for a two-week jury trial to start on May 4,  2009.

“No  employee should have to trade his or her dignity for the right to work, and no  employer should permit this type of verbal abuse of employees,” said EEOC  Acting Chairman Stuart J. Ishimaru. “We  take allegations of racial or ethnic harassment very seriously and will pursue  these cases vigorously.”

Race and national origin  discrimination violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after an administrative  investigation managed by Chicago District Director John Rowe found reasonable  cause to believe federal law had been violated, and after first attempting to  reach a voluntary settlement. The EEOC  suit was filed April 13, 2006, and captioned EEOC v. Ceisel Masonry, No. 06 C 2075. The EEOC’s suit was joined by a companion suit filed by the Chicago  Lawyers’ Committee for Civil Rights Under the Law on behalf of three of the  discrimination victims, captioned Ramirez,  et al v. Ceisel Masonry, No. 06 C 2084.  Both cases were filed in U.S. District Court for the Northern District  of Illinois, Eastern Division, in Chicago.

The consent  decree settling the suit, signed by Judge Harry D. Leinenweber today, provides  that the defendants will pay $500,000 to resolve this matter. The three-year decree enjoins the company from  future discrimin­ation on the basis of race or national origin and from any retaliation.  It mandates that the company will  provide all of its employees with training on how to prevent discrimination, as  well as revise its policies on harassment and how to conduct harassment investi­ga­tions. The decree also requires the company to hold  its supervisors accountable if they do not comply with the company’s new  anti-harassment and investigation policies.

  “This settlement is important  vindication for those Hispanic employees who suffered harassment by their  supervisors,” said Richard J. Mrizek, the EEOC trial attorney who led the  government’s litigation of this case with EEOC Trial Attorney Laurie Elkin. “The consent decree entered in this case will  ensure that the company prevents harassment from taking place on its job sites.”

John  Hendrickson, regional attorney for the Chicago District Office, which oversees  EEOC litigation in a six-state region, said, “This case is a reminder that the federal  laws against discrimin­atory harassment on the job have broad, general  application. They apply not only to race  and sexual harassment but also to harassment on the basis of national origin. Employers must act decisively against  harassment, especially when it comes from supervisors or foremen who have great  power over workers, or pay the consequences.”

The EEOC enforces federal laws prohibiting employment  discrimination. Further information  about the EEOC is available on the agency’s web site at www.eeoc.gov.