Wisconsin Construction Company to Settle $140,000 EEOC Suit

June 3, 2022

A Waukesha, Wisconsin construction and commercial real estate renovation company will pay $140,000 and furnish other relief to settle a lawsuit for racial harassment and retaliation brought by the U.S. Equal Employment Opportunity Commission (EEOC), the federal agency announced today.

The EEOC said Giertsen Company of Wisconsin, doing business as Giertsen Restoration, violated federal law by creating a hostile work environment for African American employees, including the use of racial slurs and racial comments in the workplace, and wrongfully engaged in retaliation by firing an employee who complained about the racist treatment.

According to the EEOC, Black employees were repeatedly subjected to racial slurs and comments, which managers witnessed and took part in. Although employees complained about the hostile work environ­ment, the company did not address the harassment. Instead, Giertsen assigned one of the employees who complained to more physically demanding work and then fired him as retaliation, the EEOC said.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits discrimination in the workplace due to race and retaliation against an employee for complaining about the discrimination. The EEOC filed suit in U.S. District Court for the Eastern District of Wisconsin, EEOC v. Giertsen Company of Wisconsin, Civil Action No. 21-cv-1130, after first attempting to reach a pre-litigation settlement through its conciliation process.

In addition to obtaining $140,000 in monetary relief for the aggrieved individuals, the settlement provides equitable relief for Giertsen employees, including training and appointment of an equal employment opportunity officer, who will be responsible for handling any future discrimination complaints at the company.

Topics Lawsuits Wisconsin Construction

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