EEOC Sues Asphalt Paving Company Over Treatment of Black Employees

Last month, The U.S. Equal Employment Opportunity Commission (EEOC) initiated a lawsuit against Asphalt Paving Services after it was reported that the company created a hostile environment for Black employees in Zephyrhills, Florida.

The EEOC claims that Asphalt Paving Systems violated Title VII of the Civil Rights Act of 1964 and the 1991 amendment by subjecting 12 former Black employees to workplace racial harassment.

The lawsuit states that co-workers and management used racial slurs, such as the “N-word” and “boy,” against Black employees. It further says that Black workers faced harsh working conditions, like working in heavy rain, while white employees didn’t. Black employees were forced to use outdoor restrooms, while white employees had access to indoor facilities.

“Throughout the course of Charging Parties’ employment with APS, they were subjected to racial epithets and racially-charged verbal abuse from white supervisors and co-workers, threatening conduct by white supervisors and co-workers, and being forced to work in demeaning and humiliating working conditions” the complaint says.

According to the EEOC, a white foreman named Anthony Buchholz was among the supervisors who frequently employed racial slurs when addressing Black employees.

“Buchholz would use the N-word frequently in front of Curney,” reads the lawsuit. “Curney objected to Buchholz’s use of the N-word directly, but Buchholz continued to use it. After Curney’s objections, Buchholz then came to a job site with a friend and yelled ‘I ain’t gonna ever run from a Black N—r’ at Curney.”

The lawsuit also noted that a foreman named Douglas Henry often used derogatory language like “boy” to refer to Black employees and alleged that the company interfered with their job prospects by dissuading potential employers from hiring them. Asphalt Paving Systems employees also used offensive terms like “Black boy,” “monkey,” and other derogatory language against Black workers.

Supervisor Dennis Williams compared the Black paving crew to monkeys, while employee Mike Whitson used offensive language, including calling them “sissies,” “f—ggots,” and “dumb N—r.”

The company’s mechanic, identified as “Jackie” in the lawsuit, made inappropriate comments to Black employees about skin color and implied he was “Black from the waist down.”

By March 2022, all the Black employees had either left APS or were terminated.

“The allegations in this case are deeply disturbing and illustrate the unfortunate reality that, 60 years after Title VII was enacted, toxic racial discrimination still plagues many workplaces in Florida,” said EEOC Regional Attorney Robert E. Weisberg “The EEOC will continue to vigorously fight for the rights of Black employees and applicants to be free from workplace discrimination.”

The lawsuit demands that Asphalt Paving Systems establish fair employment policies that ensure equal employment opportunities for Black employees and provide compensation to the plaintiffs, with the exact amount to be determined at trial.

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EEOC Sues Florida Asphalt Paving Company For Racial Harassment, Claims Black Employees Were Forced To Use the Bathroom Outside While White Employees Used Bathrooms Indoors

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