California Contractor Settles EEOC Harassment Charge

Fremont, California-based contractor Superior Automatic Sprinkler Co. agreed to provide monetary and injunctive relief to a construction worker following an investigation by the U.S. Equal Employment Opportunity Commission.

The worker, who is transgender and identifies as queer, filed a charge with EEOC alleging his supervisors and coworkers targeted him with verbal harassment and physical threats due to his gender identity and sexual orientation. He also alleged that he was transferred to new worksites in retaliation for reporting the harassment, and ultimately was constructively discharged because he did not feel safe enough to return to work.

The EEOC’s investigation reportedly found evidence confirming that despite the worker’s reports of harassment, he company failed to act appropriately. Such alleged conduct is a violation of Title VII of the Civil Rights Act of 1964, which prohibits discrimination and harassment based on sex, including gender identity.

Following the investigation, the parties engaged in a pre-litigation conciliation process resulting in a settlement that required the company to pay monetary damages, revise its non-discrimination policies, conduct employee training, and provide additional training to managers and staff involved in the investigation of employee complaints of discrimination and harassment.