Sweeney v. United States Postal Service (Mail Carriers)

This action was instituted by a group of Smithtown Postal workers who oppose actions by the USPS and its agencies which illegally targeted older employees in an effort to force them into retirement. In doing this, the USPS utilized various techniques including creating a hostile work environment, overly disciplining older employees, and further harassing and insulting older workers. These policies violate the Age Discrimination in Employment Act (“ADEA”).
Downloads:

  1. USPS Smithtown Age Discrimination Complaint

Johnson v. Nassau County Social Services

This action was instituted to address the County of Nassau’s policy of not paying employees with less than ten years of tenure for their overtime hours which were banked over the course of their employment. These hours were banked for overtime worked, vacation days or sick days which were not used. Essentially, these workers were required to work overtime without compensation at all.
Downloads:

  1. Nassau County Social Services Overtime Complaint
  2. Court Order Conditionally Certifying Overtime Class

Gambino v. Harvard Protection (Security Guards)

This action was instituted to address Harvard Protection’s failure to pay security guards proper overtime when they worked in excess of 40 hours per work week. Rather, guards received a single paycheck denoting the first forty hours as straight time and were compensated at two thirds their regular rate for the second forty hours, essentially compensating them with straight time for all hours worked.
Downloads:

  1. Court Approved Notice of Lawsuit and Consent to Sue to all Harvard Security Guards and Fire Safety Directors employed from February 8, 2007 to the present.
  2. Gambino Amended Complaint
  3. Court Order Granting Conditional Certification of Harvard Protection Security Guard and-or Fire Safety Director Collective Class

Turner Industries to face lawsuit for discrimination

Sara Kain of Valli Kane and Vagnini
Sara Kain of Valli Kane and Vagnini

BATON ROUGE, La (NBC33) – Civil rights leaders announced today that Baton Rouge-based Turner Industries is being sued for discrimination by several of its employees.
Turner Industries released a statement denying any discriminatory actions, but one employee tells a much different story.
“All the years of frustration and pain that I went through,” Yvonne Turner, former employee at Turner Industries, said a press conference held in Baton Rouge. “I’m tired and it’s time for me to speak up.”
For more on this story, watch NBC33 News at 10 p.m.
Original Article: https://www.nbc33tv.com/news/crimetracker/turner-industries-to-face-lawsuit-for-discrimination
By Brix Fowler – Reporter NBC

Tuesday, February 1, 2011

Workers sue Baton Rouge company for discrimination

James Vagnini of Valli Kane and Vagnini
James Vagnini of Valli Kane and Vagnini

By Tyana Williams – bio | email
BATON ROUGE, LA (WAFB) – O
ver 200 African-American employees at Turner Industries in Baton Rouge say for years, they’ve been discriminated against and harassed while on the job.
According to lawyers for the employees, documents show last March, the Equal Employment Opportunity Commission found Turner Industries violated the rights of several black workers. Attorneys say they filed suit because the company failed to address the EEOC’s findings.
For two years, Turner employees say they’ve been keeping track of what they call discrimination and harassment at work.  Tuesday at a rally, attorney James Vagnini showed racially-charged photos he says came from those employees who work in Paris, Texas to Lake Charles, Louisiana and here in Baton Rouge.
“I have a woman standing behind me that came back to her workplace, her slick suit had been stuffed with plastic and they hung it from a noose and sprayed her name across front of it,” said Vagnini.
Vagnini filed the lawsuit in Texas on behalf of 230 Turner employees from Texas and Louisiana.
The 300 page lawsuit alleges black employees witnessed hangman’s nooses at work, faced segregation in the workplace and during the 2008 presidential election were told they could have November 5 off to go vote, even though the election was November 4.
The suit also alleges some workers were bussed to another plant for work, where a white supervisor separated them by race.  The suit says the supervisor hired the white workers and told the black employees to leave.
“I work hard all my life and I can say I know I didn’t deserve that,” said Ethel Jones.  Jones says she was one of 13 black workers told to leave.
She says several times she was told if the racial graffiti in the bathrooms offended her, paint over it.
“Draw pictures of black ladies and say this is a black woman with your legs spread open,” Jones said.
Vagnini says Turner owes its black employees more than an apology.  But he says now the court will decide.
“It is the sentiment this company has toward minorities and it must change,” Vagnini said.
In a written statement, Turner Industries denies it has unlawfully harassed or discriminated against employees because of race.  They say some workers named in the lawsuit have never or no longer work for the company.
Turner Industries released the following statement:
Turner Industries denies that it has unlawfully harassed or discriminated against any employees because of their race or any other criteria.
Roland Toups, Turner Industries’ Chairman and CEO stated, “Make no mistake, Turner Industries stands for diversity and inclusion for all. Our record supports that.  We intend to defend our company and the jobs of our 15,000 employees who are employed in various divisions of the company.  We also assure our customers that our 50 years in the business and our commitments to them shall remain strong and true.
This suit was filed following a lengthy campaign by plaintiffs’ attorneys from New York and Texas to encourage individuals to file claims against the company.   Some of the individuals named in the suit have never worked for Turner Industries.  Most are no longer employed with the company.  Furthermore, many of the claimants who had filed charges raised claims during periods in which they were not even employed with the company.   Many have also returned to work for Turner Industries several times.   Records show that relatively few actually reported complaints of discrimination or harassment to the company.
Toups continued: “We have asked every Turner Industries employee to stay focused on safely performing their jobs. We also have asked them to support the company by making sure that our workplace is compliant with the company’s equal employment opportunity and anti-harassment policies. If there is a problem, we want to know about it so that it can be addressed.”
Last year, Turner Industries addressed racial claims arising at its Paris, Texas pipe fabrication facility.  Most of the named plaintiffs in the current lawsuit never worked in Paris.
Turner Industries intends to aggressively defend the allegations in this suit as well as its record of providing excellent employment opportunities for residents nation-wide.  We will remain committed to providing excellent jobs and employment opportunities for all qualified applicants without regard to race.   That will never change.
Original Article: https://www.wafb.com/Global/story.asp?S=13951136

Houston activists condemn services firm

Officials at Turner Industries deny racial bias

By LINDSAY WISE
HOUSTON CHRONICLE
Jan. 31, 2011, 8:05PM

Several dozen activists rallied outside the Mickey Leland Federal Building in Houston on Monday to protest Turner Industries Group of Baton Rouge, a privately owned industrial services company that faces allegations of racial discrimination, retaliation and a hostile work environment.

The rally came on the heels of a lawsuit filed Sunday by more than 230 current and former employees.

The suit seeks economic damages for the workers’ emotional pain and anguish, as well injunctive relief that would require Turner to provide employment discrimination training for all workers, diversity training for all managers, and human resources representatives for all the company’s locations.

Turner has a plant in Pasadena, as well as facilities in Beaumont, Corpus Christi, and Paris, Texas; Port Allen, Sulphur and New Orleans, La.; and Decatur, Ala.

The 374-page complaint, filed in U.S. Court for the Eastern District of Texas in Marshall, details accusations that black employees were subjected to racial slurs and exposed to swastikas, drawings of nooses, racist jokes, Confederate flags and Aryan Brotherhood symbols, including “KKK” and lightning bolts, a symbol known to be used by the Ku Klux Klan.

Company’s response

In a statement released Monday, Turner denied that the company unlawfully harassed or discriminated against any employees because of race or any other criteria.

“Make no mistake, Turner Industries stands for diversity and inclusion for all,” Chairman and CEO Roland Toups said in the statement. “Our record supports that. We intend to defend our company and the jobs of our 15,000 employees who are employed in various divisions of the company.”

The statement said some of the individuals named in the suit never worked for Turner, most are no longer employed with the company, and many who filed charges raised claims during periods in which they were not employed with Turner.

“Many have also returned to work for Turner Industries several times,” the statement said. “Records show that relatively few actually reported complaints of discrimination or harassment to the company.”

One of the workers for the company, Nina Taylor, 47, says she found a noose in a gang box at the company’s Beaumont facility.

“The general foreman had a coworker of mine tell me to go clean it,” Taylor said. “After the shock wore off, I started taking pictures, and the general foreman runs up to me and we have a verbal altercation. … They wouldn’t let me leave, they wouldn’t let me go back to work. I felt like they held me hostage there.”

When she returned to work, she learned her co-workers knew she had filed a complaint. One white colleague warned her not to eat her lunch one day because someone had spit in her food.

“I would like Turner to be forced to enforce their rules,” Taylor said. “I mean, they have it written down on paper that no employee should be discriminated against, but no one actually enforces the rules.”

Plant lost EEOC ruling

Everyone involved in the noose incident is still employed with Turner, said James Vagnini, an attorney for Taylor and other workers.

Last year, the company settled with a handful of Paris employees after an investigation by Equal Employment Opportunity Commission determined that black workers at the plant faced racial harassment and discrimination.

The EEOC also concluded that black workers were denied promotions and disciplined more harshly than whites, and that managers retaliated against workers who complained.

[email protected]

NAACP Launches Investigation

Black workers sue Turner Industries over harassment
  • By SKIP DESCANT
  • Advocate business writer
  • Published: Feb 2, 2011 – Page: 1B

Current, former and potential employees of Turner Industries alleging racial discrimination are seeking salary compensation, court costs and an overhaul of company policies to discourage workplace harassment, according to a federal discrimination lawsuit filed in Texas against Turner Industries LLC.
The lawsuit represents more than 230 black plaintiffs from Turner facilities in Lake Charles, Port Allen and Monroe, as well as locations in Paris, Texas, and Port Arthur, Texas, who say they have been routinely harassed with racial slurs, graffiti and overtly public displays of racial intolerance like hangmen’s nooses.
“The folks that stand behind me should be able to work in a peaceful environment without hangmen’s nooses, without swastikas and things of that nature,” said Earnest L. Johnson, president of the Louisiana chapter of the National Association for the Advancement of Colored People, at a news conference Tuesday from the rotunda of the Old State Capitol.
The event, which attracted about 20 current and former Turner employees from south Louisiana and Texas, as well as local civil rights leaders, was held to draw attention to the federal lawsuit. Turner Industries is a privately held Baton Rouge industrial services company.
The lawsuit claims Turner violated Title VII of the Civil Rights Act, which prohibits workplace discrimination. The 379-page lawsuit was filed Sunday in U.S. District Court, Northern District of Texas.
It follows a March Equal Employment Opportunity Commission investigation after eight Turner employees in Texas filed a complaint citing discriminatory treatment.
“I have considered all the evidence disclosed during the investigation and find that there is reasonable cause to believe that Title VII violations occurred,” wrote Michael Fetzer, Dallas District director of the EEOC.
Attempts at mediation with Turner Industries proved unsuccessful, said James Vagnini, an attorney for Valli Kane and Vagnini in Garden City, N.Y., who represented workers in the EEOC case and now in the lawsuit filed Sunday.
Turner officials denied any wrongdoing and said that name-calling and other incendiary displays are not tolerated.
“Make no mistake, Turner Industries stands for diversity and inclusion for all,” Roland Toups, Turner Industries’ chairman and chief executive officer, said in a statement. “Our record supports that. We intend to defend our company and the jobs of our 15,000 employees who are employed in various divisions of the company. We also assure our customers that our 50 years in the business and our commitments to them shall remain strong and true.”
Turner officials contend that a number of the claimants on the lawsuit have never worked for the company, while some of the others are no longer employed.
Records show that relatively few actually reported complaints of discrimination or harassment to the company, said John Fenner, general counsel for Turner.
“They want nothing to do with the complaints,” Vagnini said of Turner Industries. “They don’t believe in any of my clients and what they’re saying.”
Some of those claimants are people like Calvin Stewart, a Turner welder at the Port Allen facility, where he worked for nearly 20 years until being laid off in August.
Stewart, 48, said the reason given was “reduction of force.” However, he added complaints regarding racial slurs and other harassment were routinely ignored by management.
“Most of the time when you went to a supervisor, they treated you with a bad attitude, as a troublemaker,” Stewart said Tuesday.