B.J. Con/Sew Corporation pays $75,000 to settle a national origin harassment lawsuit. Apparently the company sewed itself into a corner and ended up having a lawsuit filed against them by the Equal Employment Opportunity Commission (“EEOC‘). According to documents which have been made public the company subjected an employee to harassment because of his Hispanic national origin. In Illinois Hispanic is not recognized as a race so you have to file under national origin, color or ancestry. The only three races which are recognized in Illinois are white, black and asian.
In this case the employee, Jason Ramirez, was forced to resign after the company failed to address multiple complaints that Ramirez made about the harassment. This is referred to as a constructive discharge. A constructive discharge occurs when working conditions get so bad any reasonable person would quit. It is treated the same as being fired for purposes of discrmiination claims. Ramirez, who has one Hispanic parent, was subjected to the harassment on a near-daily basis for two-years.
“There is no place for harassment of any kind in any workplace.” said EEOC attorney Lynette A. Barnes