Monday, Sept. 22, 2003 | 10:48 a.m.
The U.S. Equal Employment Opportunity Commission has filed a lawsuit accusing Campbell Concrete of Nevada Inc. of illegally discriminating against a worker and then retaliating when she complained.
The federal lawsuit, filed Sept. 10, alleges that Belina Garcia, a former employee of Mexican descent, was disciplined and later discharged after complaining to management that she and other Mexican employees had been harassed about Mexican traditions, food, dress and customs by supervisors and other employees of the Las Vegas construction company.
The lawsuit alleges that between Dec. 14, 2000, and Feb. 19, 2001, the company engaged in such practices as, "moving her to a smaller, isolated office space with no windows and no air conditioning; unjustly scrutinizing and criticizing her work; giving her a late and negative performance evaluation; and ultimately terminating her employment."
The lawsuit also alleges that managers at Campbell Concrete continued to break the law after she was terminated by giving her unfavorable recommendations to potential employers when she tried to find another job.
Company spokeswoman Susan Casterton declined to comment on the lawsuit Friday, noting she hadn't seen it.
"We don't have anything to look at to comment on," she said.
The suit seeks back pay, monetary and punitive damages to be determined at trial. Officials of the EEOC's Los Angeles District Office say the lawsuit was filed after the EEOC made efforts to reach a voluntary settlement with the company.
"This case is unique in that the employer admitted to punishing the employee, in part, for complaining of discrimination," said Noelle Brennan, acting Los Angeles regional attorney for the EEOC.
"Such conduct cannot be tolerated and it is unfortunate that many employers still don't realize that retaliation against a worker who complains of discriminatory conduct in the workplace is absolutely prohibited," she said.
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