J.A. Croson Pays $1.6 Million to Settle EEOC Racial Harassment and Retaliation Lawsuit

TAMPA, Fla. – J.A. Croson, a Sorrento, Florida-based plumbing and HVAC contractor, agreed to pay $1.6 million and to provide other equitable relief to settle a race and national origin harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of 17 former Black and Hispanic J.A. Croson employees, the federal agency announced today.

In its lawsuit, the EEOC charged that the company subjected a class of Black and Hispanic employees to a work environment with open use of racial slurs and derogatory language, display of the Confederate flag, and distribution of humiliating and degrading assignments based on race and national origin. The EEOC also asserted retaliation claims on behalf of two former Black employees who were fired as a result of their work environment complaints.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits racial harassment and retaliation and requires employers to take prompt action to investigate and stop misconduct after they become aware of it. After first attempting to reach a pre-litigation settlement through conciliation, the EEOC filed its lawsuit (EEOC v. J.A. Croson, LLC, Case No. 5:22-cv-00435) in U.S. District Court for the Middle District of Florida.  

Under the three-year consent decree settling the lawsuit, J.A. Croson will pay $1.6 million to compensate the class members; designate an employee relations hotline for employees to submit harassment and retaliation complaints; assign an investigator to receive and address harassment and retaliation complaints; and provide training to its employees on recognizing workplace harassment. The company will also conduct work environment surveys and audits to ensure race and national origin do not play a role in the delegation of work assignments.

“The Biden Administration has made a historic investment in America’s infrastructure, which benefits the construction industry as well as the public. Construction jobs are an important employment opportunity with sustainable wage sand career growth, and should be open to all qualified workers,” said EEOC Chair Charlotte A. Burrows. “Unfortunately, unlawful harassment often has been a barrier to people of color remaining in the field. As set forth in the agency’s Strategic Enforcement Plan, the EEOC is committed to breaking down that barrier and working with employers, workers, unions, government agencies, and the civil rights community to build a stronger, more inclusive future in the industry.”  

“Unfortunately, the reality is that race and national origin harassment continues to pervade the construction industry,” said EEOC Miami Regional Attorney Kristen Foslid. “This consent decree sends a message that employers must ensure that workers at construction sites are free from harassment and receive fair work assignments.”

EEOC Miami District Director Evangeline Hawthorne said, “Employers in the construction industry must ensure they are complying with federal anti-harassment laws. The EEOC will continue to vigorously enforce these statutes in its mission to prevent and remedy unlawful harassment in the workplace.

For more information on harassment, please visit https://www.eeoc.gov/harassment.

In May 2023, EEOC Chair Charlotte A. Burrows issued a report entitled “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry.” The report found that persistent discrimination, including harassment, in construction creates barriers to building a more inclusive industry. The report offers strategies for more effectively advancing equal employment opportunity in construction.

The Miami District Office’s jurisdiction includes Florida, Puerto Rico and the U.S. Virgin Islands.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. Further information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.