Posted on September - 21 - 2011
EEOC sues two S.A. companies
The federal government has sued two San Antonio companies, accusing one of racial discrimination and the other of age discrimination.
Since at least January, African American employees at AA Foundries Inc. routinely experienced a racially hostile work environment that included the display of a “hangman’s noose,” the Equal Employment Opportunity Commission charged in a lawsuit filed Friday. A superintendent also is alleged to have frequently used the “N” word when addressing black workers. A company lawyer said it will fight the lawsuit.
In an unrelated lawsuit, the EEOC charged Universal Toyota with age discrimination, claiming it refused to allow salespeople older than 40 to sell Scions — a make aimed at hip young drivers. Universal Toyota is part of San Antonio billionaire Red McCombs’ dealership chain. The dealership and McCombs Enterprises didn’t respond to requests for comment.
The EEOC brought the lawsuit against AA Foundries on behalf of four people who no longer work at the plant, which makes molds and castings. It employs about 20 people.
Stephen White, AA Foundries’ lawyer, said the lawsuit was “a kind of repercussion” after the company terminated the four for violating its drug policy.
“AA Foundries is a second-chance employer that hires people that other people won’t hire,” White said. “Instead of being congratulated for it, they’re being penalized for it.”
White disputed the charges that AA Foundries is a racially hostile workplace, though he confirmed that someone tied a noose out of a piece of rope that was hanging down. But he insisted there were no racial overtones to the act.
“The guy (who did it) was an idiot,” he said. “He shouldn’t have done it. He didn’t do it for any purpose whatsoever.”
Judith Taylor, an EEOC supervisory attorney, said an AA Foundries supervisor “kind of laughed it off” when asked about the noose. When the same supervisor was questioned about racially derogatory materials in the company break room, she said, he answered, “You’re not forced to read it.”
AA Foundries is owned by a Lubbock family.
The EEOC is seeking compensatory and punitive damages on behalf of the four workers. Under federal law, Taylor said, damages are capped at $50,000 per person.
As for Universal Toyota, the agency has sued for unspecified back wages, including any potential commissions and bonuses, on behalf of at least four former salespeople who allegedly weren’t allowed to sell Scions.
The EEOC also wants the dealership to reinstate Mitchell Creel, who, it charges, was threatened and intimidated and ultimately fired for reporting the alleged discrimination.
“They were pretty much told, point-blank, that they were too old to sell Scion, that the car was marketed towards younger customers,” said David Rivela, an EEOC senior attorney. “Management at the dealership felt that they wanted younger people to sell Scion.”
According to the lawsuit, the dealership engaged in the unlawful employment practices in 2008. The dealership is at 12106 Interstate 35 North.
The EEOC brought suit against AA Foundries and Universal Toyota after failing to reach voluntary settlements.
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