Black man harassed after getting coworker fired for racist remarks, NC lawsuit says
A former boilermaker working for a major construction and engineering firm on a project in Western North Carolina said he feared for his safety and was forced to quit after he reported a coworker for discrimination.
The events reportedly played out over six days nearly two years ago in Arden, North Carolina — just outside of Asheville.
Kevin Ellis, who is Black, worked for McDermott International Inc. when he reported a coworker for allegedly making racist comments, according to a civil lawsuit filed in federal court on May 5. The coworker was later fired, but in the days that followed, Ellis’s attorneys said other employees began to harass him.
“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,” his attorneys said in the complaint.
Ellis is suing McDermott for racial discrimination and retaliation, saying the company knew about hostility he experienced on the job site but did nothing to stop it.
Attorneys representing Ellis and a representative for McDermott did not immediately respond to McClatchy News’ request for comment on Tuesday.
Ellis, who now lives in Alabama, was hired as a boilermaker in May 2018 to work for McDermott in Arden. Boilermakers are responsible for assembling, installing and repairing boilers or large containers that hold liquids and gases, according to the Bureau of Labor Statistics.
More than a year after Ellis started with the company, his attorneys said a coworker was tying a rope in a knot and asked Ellis if he was “scared.”
“(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 states.
When Ellis told his foremen about the late-September 2019 incident, the coworker reportedly said he had taken the “racially charged comments the wrong way.” Ellis then took his complaint to McDermott’s safety manager and human resources representative, his attorneys said, and mentioned the same coworker had repeatedly referred to him as “boy.”
But according to the complaint, it wasn’t until Ellis called the corporate human resources office that his coworker was terminated — about three days after the incident reportedly occurred.
The following day, another employee who was reportedly friends with the fired coworker tried to film Ellis committing a safety violation on his cell phone, his attorneys said. Ellis again told the foremen and reported that “he did not feel safe at the workplace and that he was being retaliated against.”
The foremen reportedly took Ellis to see the HR representative, who tried to get in touch with the corporate office but to no avail.
On Oct. 3, two days after Ellis’s coworker was fired, another employee is accused of cornering Ellis near the tool room and demanding the tools he was returning.
“(The coworker) began screaming at Ellis, using profane language, and threatening to fight Ellis,” his attorneys said.
At least three people reportedly witnessed the “aggressive behavior directed at Ellis,” and Ellis told them “he did not feel safe at work and feared for his life.” Ellis was allowed to leave work early and tried to get in touch with the corporate office but was again unsuccessful, the complaint states.
He quit shortly thereafter.
Court filings state Ellis filed a claim with the Equal Employment Opportunity Commission in November 2019. The EEOC issued a right to sue notice in February, which prompted the recent lawsuit.
McDermott is accused of violating Title VII of the Civil Rights Act of 1964, which bars employment discrimination based on race, color, religion, sex and national origin. The company is also accused of violating Section 1981 of federal law, which guarantees citizens receive equal rights.
The lawsuit seeks Ellis’s reinstatement, past and future wages, damages for his emotional distress and harm to his reputation as well as attorneys’ fees.
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