TRENTON
– The Division on Civil Rights announced
today that a Burlington County construction
firm must pay a former employee $178,767 in
back pay and compensation for emotional distress
as a result of its race-based discrimination
against him, and its retaliatory discharge
of the worker.
Respondent
CBM Construction Services of Mount Laurel
must pay former employee Carl Carpenter
$118,767 in back pay and pre-judgment interest,
as well as $60,000 in damages for emotional
distress. CBM also must pay the State a
$10,000 statutory penalty, according to
a Final Decision issued by Division Director
Craig T. Sashihara. In deciding the case,
Director Sashihara adopted the initial decision
of an Administrative Law Judge, who presided
at a hearing on the matter in November 2011.
CBM failed to appear at the hearing.
Carpenter,
of Philadelphia, began working for CBM Construction
as a carpenter in December 2007. He was
dismissed from his job in August 2008. While
still employed by CBM, Carpenter was called
a specific racial slur by his supervisor
on several occasions. The same supervisor
on one occasion told Carpenter he should
remove the brown color from his face and,
another time, urged fellow CBM employees
to hide their valuables as Carpenter approached.
“No
one should have to go to work each day and
be subjected to the kind of racist, harassing
conduct described in this case,” said
Director Sashihara. “As we remind
employers on a regular basis, they have
a duty to respect the rights and dignity
of all employees, and to provide recourse
for workers who believe they’ve been
the victims of harassment or any other kind
of discrimination.
“Instead
of providing real recourse for Carpenter,”
Sashihara added, “upper management
chose to accept his supervisor’s side
without any investigation, and then ignore
the administrative law hearing. That conduct
sends the wrong message to the rest of the
company’s workers.”
Carpenter
complained about his supervisor’s
conduct to a CBM executive, who arranged
a meeting in July 2008. At that meeting,
the supervisor apologized to Carpenter in
the presence of CMB management.
However,
CBM took no disciplinary action against
the supervisor and, within a month, Carpenter
was terminated.
CBM claimed that Carpenter was discharged
for grouting a wall incorrectly, but no
other employee on the same project was reprimanded
or discharged. In addition, a May 18, 2008
performance evaluation described Carpenter’s
work as “above average,” and
Carpenter had received no negative performance
reviews up until his discharge.
Under
the terms of Director Sashihara’s
final decision, CBM must pay Carpenter his
$178,767, and the State its $10,000 statutory
penalty, within 45 days of the June 1 ruling.
Deputy Attorney General Megan Harris, Deputy
Attorney General Estelle Bronstein and Supervising
Investigator Lorraine LeSter handled the
CBM matter on behalf of the State.
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