Asphalt Paving Systems To Pay $1.25M To Settle EEOC Racism Lawsuit

According to the EEOC’s press release, in addition to paying the EEOC the reported sum, the company will also be required to pay out comprehensive injunctive relief to affected employees.

Asphalt Paving Systems, an asphalt paving company that maintains offices in Florida, New Jersey, Pennsylvania, Georgia, and Tennessee, has agreed to settle a racial discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC) for $1.25 million.

According to the EEOC, in addition to paying the EEOC the reported sum, the company will also be required to pay out comprehensive injunctive relief to affected employees.

The EEOC’s lawsuit alleges that the company maintained a system of frequent and severe race-based harassment of 12 Black former employers and several Black employees at the company. The lawsuit describes alleged degrading and humiliating circumstances the employees were subjected to, including being called racial slurs like “the n-word,” “monkey,” and “boy.”

Asphalt Paving Systems subjected Black employees to degrading conditions such as being required to work in pouring rain while white workers watched, being forced to relieve themselves outdoors, and being called the “n-word” and “monkey,” the suit charged. https://t.co/f1g04jX95R pic.twitter.com/WTSniUcuhp
— U.S. EEOC (@USEEOC) August 29, 2024

Repeated remarks, jokes, or banter that are crude, raunchy, or derogatory can create a hostile work environment. Management is responsible for proactively creating a culture of civility and respect with the involvement of the highest levels of leadership. https://t.co/xtvnlB6Lot pic.twitter.com/qXH9dw6DG2
— U.S. EEOC (@USEEOC) August 28, 2024

In addition to this, Black employees were allegedly forced to work in pouring rain storms, while white employees watched and forced them to use the restroom outside while white employees were allowed to use the facilities inside. The EEOC’s lawsuit also alleges that the work environment the company created was made worse by physically threatening conduct from managers and supervisors. In one instance, a gun was reached for at a worksite. At other worksites, firearms were routinely brought to worksites, generally a violation of most workplace standards, according to GovDocs.

As a result of these actions and its inaction on behalf of the company’s Black employees, APS will also be required to provide special training on race-based discrimination to its managers and human resources personnel, and they will have to appoint a monitor unaffiliated with its organization to review any complaints of racial harassment. This monitor will also regularly report any harassment complaints and steps the company takes to address said reaction to the EEOC.

According to the EEOC’s Charlotte A. Burrows, the case speaks to the continued necessity of the EEOC to monitor racial discrimination in the workplace.

“This case underscores the urgent need for the EEOC’s ongoing efforts to eliminate racism in the construction industry,” Burrows said. “The EEOC will continue to use all its tools—including vigorous enforcement and litigation where necessary—to address these systemic problems and promote safe and inclusive workplaces for all.”

EEOC Regional Attorney Kirsten M. Foslid echoed Burrows’ sentiment in her own statement, “No employee should have to work in an environment that is openly hostile to them because of their race,” Foslid said. “The abhorrent treatment that these workers endured is unacceptable anywhere, but especially in the workplace. The EEOC will continue to work vigorously to protect employees’ right to earn a living without being subjected to discrimination.”