Asphalt Paving Systems Settles EEOC Race Discrimination Lawsuit for $1.25 Million

Background

Asphalt Paving Systems, Inc. (APS), a multi-state asphalt paving company with offices in Florida, New Jersey, Pennsylvania, Georgia, and Tennessee, faced a federal lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). The lawsuit alleged that APS permitted a racially hostile work environment for Black employees, leading to severe racial harassment.

Settlement

To resolve the allegations, APS has agreed to a settlement of $1.25 million. The settlement also includes comprehensive injunctive relief measures to prevent future incidents of racial discrimination within the company. The settlement was reached after the EEOC's efforts to negotiate a pre-litigation settlement through its conciliation process were unsuccessful, prompting the federal lawsuit.

Key Takeaways

1. Severe Harassment: The lawsuit revealed that Black employees at APS were subjected to degrading conditions, such as being forced to work in the pouring rain while white workers were allowed to stay dry and being denied access to indoor restrooms, instead being forced to relieve themselves outdoors. Racial slurs and epithets, including the “n-word,” “monkey,” and “boy,” were frequently directed at Black employees.
2. Physically Threatening Environment: The hostile work environment included physically threatening conduct, such as managers and supervisors bringing firearms to worksites. In one reported instance, a supervisor reached for a gun during an interaction with Black employees.
3. Company Inaction: Despite complaints and the presence of leadership witnessing the racial harassment, APS failed to take appropriate action to correct the discriminatory behavior.
4. Injunctive Relief: The settlement requires APS to implement specialized training on race discrimination for human resources officers and managers. Additionally, an outside monitor will be appointed to review and report on complaints of race-based harassment, ensuring that appropriate actions are taken in response to such complaints.

Conclusion

This settlement is a significant step in addressing racial discrimination in the workplace, particularly within the construction industry. The EEOC's ongoing efforts to eliminate racism and promote safe, inclusive work environments are underscored by this case. APS’s commitment to improving its workplace culture through training and monitoring will be closely watched to ensure compliance with anti-discrimination laws.