A Black North Carolina man said he was threatened and forced to quit after reporting a coworker for discrimination.
Kevin Ellis, who worked for McDermott International Inc. in Arden outside of Asheville, had reported a coworker for allegedly making racist remarks, according to a May 5 civil lawsuit filed in federal court. While the employee was ultimately terminated, Ellis’ attorneys said that he began to suffer from subsequent instances of harassment from his other colleagues.
“As a direct and proximate result of the retaliatory treatment, hostile work environment, and unsafe working conditions that Ellis was subjected to, Ellis resigned his employment with McDermott,” states McDermott is being sued for constituting “an intentional, willful, and reckless disregard for Ellis’ rights,” signifying that the company was aware of the racism and discrimination Ellis faced, and did nothing to end it.
In May 2018, Ellis was hired to work as a boilermaker for McDermott — making, assembling, and repairing boilers.
A year later, around September, one of his co-workers, began making “racially charged” comments to Ellis. In one instance, the coworker tied a knot in a rope, and asked Ellis if he was “scared” of the rope.
“(The worker) then proceeded to state that ‘public hanging needs to be brought back,’ clearly referring to the period during which lynching of African Americans occurred,” the complaint reads.
After Ellis informed his foremen about the incident, the coworker allegedly said Ellis had taken the “racially charged comments the wrong way.” His attorneys said he moved to advise McDermott’s safety manager and human resources representative of the encounter, noting that the same coworker had also taken to calling him “boy.”
The coworker was not fired until about three days after the purported incident, according to the complaint.
The next day, one of Ellis’ co-workers, who was also a friend of the fired employee, started recording Ellis with a mobile phone, attempting to catch Ellis causing a safety violation. Ellis told the foremen about his colleague’s behavior and expressed that he felt unsafe at the workplace and that he was being “retaliated against.” The foremen went with Ellis to inform human resources about the incident. HR as well as Ellis attempted to contact the corporate office, with both being unsuccessful.
The following day, Ellis was returning some tools that he had checked out, when another co-worker accused Ellis of not working. The coworker then approached Ellis from behind and demanded Ellis’ tools.
The employee “began screaming,” “using profane language, and threatening to fight Ellis,” the complaint states. After the foremen intervened in the confrontation, Ellis informed the supervisors that “he did not feel safe at work and feared for his life.”
Ellis was approved to leave for the day, after which he made another failed attempt to get in touch with corporate. He would resign soon after.
In November 2019, Ellis filed a claim with the Equal Employment Opportunity Commission, according to court filings. The EEOC released a right to sue notice in February, which prompted the lawsuit, the Charlotte Observer reported.
Attorneys said McDermott knew of these retaliatory actions, and failed to provide any resolution in order to create a safe and non-discriminatory workplace for Ellis. The company is also accused of violating Title VII of the Civil Rights Act of 1964 by reportedly subjecting Ellis to discrimination in a hostile work environment and “constructively discharging” him due to his race, which is also in violation of Section 1981.
