Desco Industries Inc., a California-based manufacturer with a facility in Sanford, NC, violated federal law when it terminated a temp employee for complaining about race discrimination, the US Equal Employment Opportunity Commission alleged in a workplace discrimination lawsuit filed June 30.

According to the EEOC’s complaint, Daniel Worthy, who is black, worked for Desco in 2015 through a third-party staffing agency and believed Desco passed him over for a forklift position because of his race. Worthy complained to the staffing agency recruiter who notified Desco of Worthy’s race discrimination complaint, according to the lawsuit. Within days of learning about Worthy’s complaint, Desco fired Worthy in retaliation for complaining about discrimination, the EEOC says. 

The EEOC seeks back pay, compensatory damages, punitive damages and injunctive relief.

“Employees have the right to express their concerns about possible race discrimination, without fear of losing their jobs,” said Lynette Barnes, regional attorney for the Charlotte District Office. “Employers cannot simply fire an employee because he or she has raised such concerns.”

The EEOC filed suit in the US District Court for the Middle District of North Carolina, (Equal Employment Opportunity Commission v. Desco Industries, Inc., Civil Action No. 1:16-CV-00858) after first attempting to reach a voluntary pre-litigation settlement through its voluntary conciliation process.