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Briggs Equipment, Inc., a Dallas-based company and one of North America’s largest industrial and construction equipment distributors, will pay a former employee $112,000 and furnish other relief to settle a race discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
The EEOC’s lawsuit, Civil Action No. 5:10-CV-00108, in U.S. District Court for the Southern District of Texas in Laredo, charged that Briggs subjected Bobby Wysong to unlawful discrimination when it terminated him from his position as a technician because of his race, black. The EEOC further alleged that Briggs subjected Wysong to a racially hostile work environment. Mario Rodriguez, a management official for Briggs who had direct supervisory authority over Wysong, blatantly referred to Wysong, among other things, as a “n----r,” “mayate” (a racial epithet against blacks widely used in South Texas), “slave” and “dark horse” in conjunction with expressly stating he wanted Wysong fired. Rodriguez himself admitted to using the racial slur “n----r” at work and several witnesses corroborated that he routinely used racist epithets and made racist jokes at the workplace.
Further, the EEOC said, when Wysong was wrongfully discharged, he lost his company medical insurance, after which he incurred substantial medical bills due to orthopedic surgery.
Racial harassment -- including slurs and offensive or derogatory comments -- as well as discharge due to race violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit after the EEOC’s San Antonio Field Office determined that Briggs had violated Title VII and after it tried to reach a pre-litigation settlement through the Commission’s conciliation process.
In the consent decree settling the suit, besides the monetary relief of $112,000, Briggs also agreed to negotiate and pay Wysong’s medical bills he incurred due to the loss of his health insurance, which have an approximate value of $273,000. Briggs agreed to comply in the future with Title VII and to provide training regarding Title VII to current employees assigned to work at the Briggs facility at Laredo. Briggs further agreed to modify its written anti-discrimination policy, which specifically addresses race discrimination.