Racial Harassment and Discrimination in the Workplace

Introduction to the Issue

A construction company in Fort Worth accused of hanging nooses and displaying white supremacy symbols will pay $525,000 to settle a federal lawsuit. The U.S. Equal Employment Opportunity Commission sued TNT Crane & Rigging in 2023 alleging that it violated federal law by harassing and discriminating against five Black employees.

Black employees reported frequent racist jokes and slurs, according to the lawsuit. Nooses and lightning-bolt stickers, a common white supremacy symbol, were openly displayed in the workplace, including in the company’s Dallas branch, which closed. The branch manager reportedly called the noose a “cowboy knot.” In one instance, a white employee told a Black employee that Black people are lazy, the lawsuit said. TNT repeatedly failed to address or investigate employees’ complaints, the lawsuit alleged.

The Lawsuit and Its Findings

After one employee complained, the tires of his car were flattened at work. Another employee shoved, threatened and cursed at him, according to the lawsuit. When a white employee reported his concerns to managers and human resources, the company reduced his pay and work hours, the lawsuit says. The branch manager called him a “troublemaker” and accused him of “stirring the pot,” and fellow employees called him a “snitch,” the lawsuit says. He eventually resigned because of intolerable work conditions and harassment.

“It has been more 60 years since the passage of Title VII of the Civil Rights Act of 1964, yet racial harassment, such as the use of racial epithets and the display of white supremacist symbols, continues to be a recurring problem in the American workplace,” Brian Hawthorne, a trial attorney for the federal commission, said in a statement. “Employers must act forcefully to protect their workers from such behavior.”

Settlement and Agreement

In addition to paying $525,000 to the five workers, TNT Crane is required to adopt and implement an anti-harassment and discrimination policy, establish retaliation prevention and complaint procedures and provide non-discrimination training to employees. The company must report future employee complaints of racial harassment and discrimination to the federal employment commission.

On its website, TNT describes itself as one of the largest crane service providers in North America. The company began in Houston in 1985 and has since grown to 40 branches across North America. In addition to the Fort Worth location, TNT has offices in Austin, Corpus Christi, Midland and Oklahoma City.

In a written statement Friday, the company said it was pleased to reach an agreement with the employment commission. “TNT Crane & Rigging, Inc. has a long-standing and well-established culture of safety and putting our people first, and we do not and will not tolerate discrimination or harassment of any kind,” the company said. “We continue to strengthen our commitment to a fair and diverse work environment, which is stated explicitly in our policies and routinely reinforced in our daily practices.”

Discrimination in the Construction Industry

Discrimination against people of color and women in the construction industry is pervasive, according to the employment agency. At a 2022 hearing addressing the issue, then-agency chair Charlotte A. Burrows said women and people of color have long been shut out of construction jobs or face discrimination at work.

“Discrimination and harassment in construction can be especially harsh and virulent, including displays of nooses; threats and physical harassment; and sometimes physical or sexual assaults,” Burrows said in a statement. “Yet, often workers do not know where to go to seek help.”

Conclusion

The settlement between TNT Crane & Rigging and the U.S. Equal Employment Opportunity Commission serves as a reminder that racial harassment and discrimination are still prevalent issues in the American workplace. Employers must take proactive steps to prevent and address these issues, and employees must feel empowered to speak out against discriminatory behavior. By working together, we can create a more inclusive and equitable work environment for all.

Frequently Asked Questions

Q: What was the lawsuit against TNT Crane & Rigging about?

A: The lawsuit was about the company’s alleged racial harassment and discrimination against five Black employees, including the display of white supremacy symbols and frequent racist jokes and slurs.

Q: How much did TNT Crane & Rigging agree to pay to settle the lawsuit?

A: The company agreed to pay $525,000 to the five workers.

Q: What changes must TNT Crane & Rigging make as a result of the settlement?

A: The company must adopt and implement an anti-harassment and discrimination policy, establish retaliation prevention and complaint procedures, and provide non-discrimination training to employees.

Q: Is discrimination a common problem in the construction industry?

A: Yes, according to the employment agency, discrimination against people of color and women is pervasive in the construction industry.

Q: What can employees do if they experience discrimination or harassment at work?

A: Employees can report incidents to their human resources department or file a complaint with the U.S. Equal Employment Opportunity Commission.