ALLENTOWN – A Black employee of a Berks County transportation entity says he was exposed to racially-hostile behavior in the workplace and subjected to retaliation when he filed complaints about the behavior in question.
Asad Abdullah filed suit in the U.S. District Court for the Eastern District of Pennsylvania on Aug. 22 versus Berks Area Regional Transportation Authority. Both parties are of Reading.
“Plaintiff, an African-American, is employed at Berks Area Regional Transportation Authority. In 2019, defendant’s agents Jose Ortiz and Kevin Rutkowski were formally disciplined due to sexually explicit jokes and behaviors. Ortiz incorrectly suspected that the plaintiff was responsible for these reports, which resulted in him starting harassment and intimidation of the plaintiff. On Oct. 3, 2020, defendant’s agent, Joel Yeakley, deliberately initiated a racially-charged argument with plaintiff, making racially insensitive remarks about the Black Lives Matter movement and the violence in Philadelphia, intending to harass and provoke the plaintiff. The plaintiff belongs to the protected class: Race, Black. Plaintiff also engaged in protected activity by filing multiple complaints of discrimination and retaliation,” the suit says.
“Since April 2015, plaintiff and other minority staff members have reported the recurrent racially-hostile environment to the management, without adequate response or action. On March 24, 2021, defendant’s agents Julio Ortiz and William Dietrich, both of non-Black race, used racially insensitive language, mocking African-American urban culture. The same day, upon the plaintiff’s request to refrain from said language, Julio Ortiz acted in a threatening and intimidating manner towards the plaintiff. Sharon Stephens, Director of Operations, had to intervene to prevent a physical altercation. Again, on March 25, 2021, Ortiz reiterated his lack of remorse and continued to perpetrate this hostile work environment. The racial harassment and discrimination was pervasive and regular, continuing over the course of several years and continues.”
The suit adds that uses of racial epithets, including the “n-word”, occurred in the workplace.
“The use of the word n— by defendant’s agents has become a part of defendant’s work culture. So much so that Julio Ortiz and William Dietrich, non-Black, greeted each other by saying, ‘What’s up, my n—?” in a high-pitched tone and cadence that mocked African-American urban culture. This harassment was severe, with Ortiz loudly yelling and acting as if he would physically assault the plaintiff after his request, demonstrating a deeply-ingrained hostile attitude towards the plaintiff’s race,” the suit states.
“Plaintiff filed multiple administrative charges of discrimination, to no avail. Unfortunately, after plaintiff filed charges of discrimination he was only retaliated against and treated worse. As a direct and proximate result of the defendant’s acts and/or omissions, plaintiff sustained great economic loss, future lost earning capacity, lost opportunity, loss of future wages and earnings, as well as emotional distress, humiliation, pain and suffering, personal injury damages and other damages.”
For counts of sex discrimination, sex retaliation, hostile work environment, racial discrimination and racial retaliation in violation of Title VII of the Civil Rights Act of 1964, racial violations of 42 U.S.C. Section 1981, plus sex discrimination, sex retaliation, hostile work environment, racial discrimination and racial retaliation in violation of the Pennsylvania Human Relations Act, the plaintiff is seeking:
• Compensatory damages, including but not limited to, back pay, front pay, past lost wages, future lost wages, lost pay increases, lost pay incentives, lost opportunity, lost benefits, lost future earning capacity, injury to reputation, mental and emotional distress, physical injury, and pain and suffering;
• Punitive damages;
• Attorney’s fees and costs of suit;
• Reimbursement for medical bills;
• Interest, delay damages and any other further relief this Court deems just proper and equitable.
The plaintiff is represented by Briana Lynn Pearson-Prout of the Law Offices of Eric A. Shore, in Philadelphia.
The defendant has not yet obtained legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:23-cv-03248
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com