Global Energy Sued for Race Discrimination And Retaliation
EEOC Says Roughnecks Subjected to Racist Remarks, then Fired for Complaining
Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) announced the filing of a race discrimination and retaliation lawsuit under Title VII of the Civil Rights Act. The suit was filed against GES Global Energy Services, Inc., f/k/a IDM Equipment, Inc., and Global Energy Services Operating, LLC, f/k/a IDM Equipment, LLC (Global Energy Services) on behalf of a group of African-Americans who worked in Defendants' "rig up yard" in Houston.
According to the EEOC's suit in U.S. District Court for the Southern District of Texas, Houston Division (Civil Action No. 4:10cv----), Global Energy Services hired Jesse Cormier in June 2007 to work as a Roughneck. Also in Summer 2007, Kelvin Turner and Daniel Booth (through staffing agencies) began working at the same job site.
One of the worksite Superintendents made overtly racist statements, including calling African-American workers "dumb black mother-------," and stating "I'm going to fire these n------." Other racial remarks permeated the work environment, including a white co-worker routinely proclaiming "white power!" while giving a "salute" evocative of Nazi Germany.
African-American workers began addressing their concerns about the work environment to various managers and supervisors. Not satisfied that adequate action had been taken to halt the racist remarks, Booth and Cormier in early February 2008 pressed their concerns with the Safety Coordinator. On February 4, 2008, Global Energy terminated the assignments of Booth and Turner. Although Cormier had previously been evaluated by a direct supervisor as being "a good hand, on time and ready for work every day," Cormier also was fired on February 4. The termination forms for all three workers appear to have been signed by the Superintendent about whom the workers had complained of making racist remarks.
Title VII of the Civil Rights Act of 1964 prohibits race discrimination, and prohibits employers from retaliating against employees who complain about racial harassment or other employment discrimination based on race, color, religion, sex or national origin.
"It is the duty of managers to respond promptly to complaints of harassment, not to find excuses to fire productive employees who stand up to their bosses' inappropriate behavior," said EEOC's Houston District Director R.J. Ruff, Jr.
EEOC's Houston Regional Attorney Jim Sacher said, "This lawsuit will send a message to employers that the EEOC will vigorously enforce federal law by prosecuting companies that tolerate harassing work environments, and then deal with complaints of harassment by blaming and firing the messenger."
The EEOC filed suit after first attempting to reach a voluntary settlement. The federal agency is seeking a permanent injunction prohibiting GES Global Energy Services from engaging in race discrimination and retaliation. The EEOC is also seeking back pay on behalf of Cormier, Turner and Booth, and compensatory and punitive damages and other relief on their behalf and on behalf of other African-Americans subjected to the hostile work environment.
According to the web site www.glb-energy.com , GES is based in Houston, Texas and has three facilities, two in Houston, and one in Rosenberg, TX. The website describes GES as "a market leader in the design and manufacture of highly mobile land drilling rigs, premium mud pump components and expendables and fully integrated AC and DC power systems."
The EEOC enforces federal laws prohibiting employment discrimination. Anyone who believes he or she has been subjected to a discriminatory employment practice is encouraged to contact the EEOC's Houston District Office, which is located in downtown Houston on the sixth floor of the Mickey Leland Federal Building at 1919 Smith Street. Additional information about the EEOC is available on the agency's web site at www.eeoc.gov .