The Equal Employment Opportunity Commission filed a lawsuit Aug. 27 against BHT Constructions LLC, Davie, Fla., saying the company violated federal law when it refused to hire a female applicant as a heavy machinery operator based on sex, according to eeoc.gov.
The EEOC’s lawsuit states the female applicant is a heavy machine operator with more than 20 years of experience, and BHT Constructions was seeking candidates for numerous heavy machine operator positions. However, when the female applicant sought employment at a worksite in Clewiston, Fla., she allegedly was denied employment and told by a worksite supervisor they “do not hire women.”
The alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating based on sex. The EEOC filed suit in the U.S. District Court for the Southern District of Florida, Fort Lauderdale Division, after first attempting to reach a prelitigation settlement through its conciliation process. The agency seeks back pay, compensatory and punitive damages for the discrimination victim, as well as injunctive relief to prevent future discrimination.
“Employers must base their hiring decisions on the qualifications of applicants, not on outdated and irrational gender-based stereotypes or assumptions,” said Robert Weisberg, regional attorney for the EEOC’s Miami District. “The EEOC remains committed to protecting the rights of women in the American workplace.”
Michael Farrell, director of the EEOC’s Miami District, said: “Construction is one of Florida’s biggest industries, and women in construction positions can be especially vulnerable to sex discrimination. This industry is on notice that such misconduct is unlawful and will not be tolerated.”
