SACRAMENTO — Six African Americans are suing a Bakersfield construction company, alleging racial discrimination and violation of civil rights.

Aaron Baptiste, Joseph Baptiste, David Dillworth, Kenneth Dillworth, Marivin Harris, and Herman St. Brice, filed a complaint Jan. 3 in U.S. District Court for the Eastern District of California against KS Industries LP, alleging violation of the 1964 Civil Rights Act and the Fair Employment and Housing Act.

According to the complaint, during their employment, the six plaintiffs were subjected to racially hostile graffiti in their restrooms and work areas and were called "boy," "colored" and "nigger" by their white supervisor and co-workers in the defendant's facility, 6205 District Blvd., Bakersfield. The plaintiffs say KS Industries was aware of the racial comments but despite the plaintiffs' complaints, the defendant failed to take any remedial action. 

The plaintiffs allege KS Industries failed to implement reasonably prompt and appropriate corrective action to stop discrimination, failed to institute any anti-discrimination training and implemented and maintained a disciplinary policy that favored white employees while employees of color were subjected to harsher disciplinary procedures.

The plaintiffs seek trial by jury, compensatory and punitive damages, pre- and post-judgment interest, attorney fees, court costs, injunctive relief and all other legal and equitable relief. They are represented by attorneys Jay D. Ellwanger of Ellwanger Law LLLP in Austin, Texas and by James A. Vagnini and Monica Hincken of Valli Kane & Vagnini LLP in Garden City, New York.

U.S. District Court for the Eastern District of California case number 1:18-at-00003

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U.S. District Court for the Eastern District of California




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