The suit, filed in New York Supreme Court for Albany County, alleges that Rosenblum’s and AJS Masonry’s conduct was “so extreme and outrageous as to go beyond all possible bounds of decency and utterly intolerable in a civilized community.”
Filed under the Civil Rights Act of 1964, the complaint said that the emotional distress the incident caused the worker was “severe and of a nature that no reasonable person could be expected to endure.”
The suit claims as a result, the worker suffered physical, psychological and financial harm, including anxiety that caused the worker’s stomach to turn, as well as anxiety of working with White people.
Seth Rosenblum, principal at Rosenblum Development, sent a statement to Construction Dive regarding the incident and suit, and said the firm fired the superintendent.
“Upon learning of this troubling allegation, we immediately launched a swift but thorough investigation,” Rosenblum wrote. “The employee who was the subject of the complaint was terminated. We have zero tolerance for discrimination or harassment of any kind at our workplaces and worksites, which strikes against the inclusive culture we are committed to at Rosenblum.”
AJS Masonry, which the suit alleges sanctioned the superintendent’s racist behavior while refusing to take
any corrective or disciplinary actions against him, did not immediately respond to Construction Dive’s request for comment.
While not listed in the suit,Albany News 13 reported the worker is seeking $1 million in damages from the defendants. It also said Rosenblum had apologized for the incident through the worker’s attorney as an act of good faith.
Jobsite discrimination within construction has become a focal point of the Equal Employment Opportunity Commission. Last May, the agency held a hearing looking at complaints within the sector, and has since issued a steady stream of fines, suits and penalties against contractors who allegedly engage in discrimination.
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