Frontier Hot-Dip Galvanizing to Pay $360,000 in EEOC Race, National Origin Harassment and Retaliation Lawsuit

BUFFALO, N.Y.— Frontier Hot-Dip Galvanizing, Inc., a Buffalo steel galvanizing business, will pay $360,000 and provide other relief to settle a race and national origin harassment and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

According to the EEOC’s lawsuit, the company subjected a class of black temporary and permanent workers to egregious race- and national origin-based harassment, including routine use of egregious racial slurs and forcing them to endure a workplace covered in racially offensive graffiti. The company failed to address the hostile work environment even after receiving complaints. Instead, when two workers complained and then filed charges of discrimination with the EEOC, Frontier threatened and fired them, the EEOC charged.

Such alleged conduct violated Title VII of the Civil Rights Act of 1964, which prohibits discrimination, including harassment, based on race and national origin, and prohibits retaliation against employees who object to such discrimination. The EEOC filed suit (EEOC v. Frontier Hot-Dip Galvanizing, Inc., Case No. 16-cv-00691-LJV-HKS) in U.S. District Court for the Western District of New York after first attempting to reach a pre-litigation settlement through its administrative conciliation process. Frontier previously filed a motion for partial summary judgment, which the Court denied.

The parties’ pre-trial settlement includes $360,000 in monetary relief as well as injunctive relief to remedy the discriminatory environment. The consent decree requires Frontier to provide anti-discrimination training; revise its policies, including for addressing racial harassment and the documentation, removal, and investigation into harassing graffiti; and encourage staffing agencies to inform Frontier about any complaints of discrimination they may receive. In addition, Frontier will engage a human resources consultant and provide an independent EEO hotline where employees can report incidents of discrimination. Frontier must also regularly report to the EEOC for the decree’s three-year duration.

“Enduring race and national origin-based harassment is not and should not be a condition of employment,” said Kimberly Cruz, regional attorney for the EEOC’s New York District Office. “Employers are responsible for preventing and remedying harassment of all workers – including temporary workers – and the EEOC will continue to hold employers accountable when they fail to do so.”

Acting EEOC New York District Director Arlean Nieto said, “This case is an example of how the EEOC will continue to enforce the law to ensure employers comply with their obligations when faced with complaints of discrimination or retaliation.”

For more information about harassment, please visit https://www.eeoc.gov/harassment. For more information about national origin discrimination, please visit https://www.eeoc.gov/national-origin-discrimination. For more information about retaliation, please visit https://www.eeoc.gov/retaliation.

The EEOC’s New York District Office has jurisdiction over New York, northern New Jersey, Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont.

The EEOC is the sole federal agency authorized to investigate and litigate against businesses and other private sector employers for violations of federal laws prohibiting employment discrimination. For public sector employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating charges against state and local government employers before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.