A Waukesha construction firm has settled an EEOC racial harassment lawsuit after Black employees reported racist treatment

WAUKESHA - Giertsen Company of Wisconsin has agreed to pay $140,000 to settle a lawsuit claiming that it allowed racist incidents to run unchecked and then fired an employee in retaliation for raising concerns.

The settlement, announced in June, will also provide "equitable relief" for affected employees, including training. In addition, an equal employment opportunity officer, who will be responsible for handling any future discrimination complaints at the company, will be appointed.

The Waukesha-area real estate restoration and construction firm, W223 N798 Saratoga Drive, was sued by the U.S. Equal Employment Opportunity Commission in 2021 over allegations that employees repeatedly used racial slurs, sometimes with managers' present and participating, aimed at African American workers.

The use of racial slurs and comments in the workplace created a hostile work environment for Black employees, including one who ultimately complained about the the incidents, the EEOC said in its federal lawsuit, which was filed Sept. 29 in the U.S. District Court's Eastern District of Wisconsin.

That employee was subsequently asked to do more physically demanding work that was also outside his job description and then eventually fired, as an act of retaliation, the EEOC claimed.

The federal agency — which cited that the company's actions violated Title VII of the Civil Rights Act of 1964 dealing with workplace race discrimination and any such retaliation — said it first attempted to reach a pre-litigation settlement through its conciliation process. When that proved unsuccessful, the lawsuit was filed.

"Employers cannot allow their employees to be subjected to racial slurs and comments," Wendy Martin, area director of the EEOC’s Milwaukee Area Office, said in a news release announcing the settlement. "Such conduct must not be tolerated in the workplace."

Now, the EEOC will focus on a more conciliatory approach in addressing Giertsen.

"We acknowledge Giertsen’s cooperation in the early resolution of this lawsuit and look forward to working with the company to ensure the workplace is free of harassment in the future," said Gregory Gochanour, the EEOC’s regional attorney in Chicago.

Giertsen Company of Wisconsin, operating within the city of Pewaukee and part of a century-old group which also has locations in both the Chicago and Minneapolis areas, did not immediately respond to a request for an interview on the settlement or the original claims.

Contact Jim Riccioli at (262) 446-6635 or james.riccioli@jrn.com. Follow him on Twitter at @jariccioli.